প্রতিরক্ষা অডিট অধিদপ্তর

অডিট কমপ্লেক্স ১০ম-১১তম তলা, সেগুনবাগিচা, ঢাকা-১০০০

Acts

1 THE CANTONMENTS ACT, 1924

(ACT NO. II OF 1924).
[16th February, 1924]



2 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 I

PRELIMINARY

Short title, extent and commencement
1.(1) This Act may be called the Cantonments Act, 1924.

(2) It extends to the whole of Bangladesh.

(3) The 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 date as it may appoint in this behalf.



Definitions
2. In this Act, unless there is anything repugnant in the subject or context,-

(i) "Assistant Health Officer" means the medical officer appointed by the Officer Commanding-in-Chief, the Command, to the Assistant Health Officer for a cantonment;

(ii) "Board" means a Cantonment Board constituted under this Act;

(iii) "brigade area" means one of the brigade areas, whether occupied by a brigade or not, into which Bangladesh 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 Government may, by notification in the official Gazette, declare to be a brigade area for such purpose or purposes;

(iv) "building" means a house, outhouse, stable, latrine, shed, hut or other roofed structure whether of masonry, brick, wood, mud, metal or other material, and any part thereof, and includes a well and a wall (other than a boundary wall not exceeding eight feet in height and not abutting on a street) but does not include a tent or other portable and temporary shelter;

3[ * * *]

4[ * * *]

(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 Bangladesh is for military purposes for the time being divided, and includes any area which the Government may, by notification in the official Gazette, declare to be a Command for all or any of the purposes of this Act;

5[ * * *]

(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, baffalo, 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;

(xia) "elected member" means the Chairman of a Union Committee in a cantonment who has become a member of the Board under Article 12 of the Basic Democracies Order, 1959;

(xib) "entitled consumer" means a person in a cantonment who is paid from the Defence Services Estimates and is authorised by general or special order of the 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 officer of the Military Engineer Services of the corresponding grade, having charge of the military works in a grade, having charge of the military works in a cantonment 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, 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;

6[ * * *]

(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-fox, tuberculosis, diphtheria, plague, influenza, venereal disease, and any other epidemic, endemic or infectious disease which the 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;

7[ * * *]

(xx) "market" includes any place where persons assemble for the purpose of selling meat, fish, fruit, vegetables, live-stock or any other article of food;

8[ (xxa) "Military" Estates Officer" means the officer appointed by the 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 9[ Army Act, 1952, or the Air Force Act, 1953], is commissioned and in pay as an officer doing military or air force duty with the military or air forces of Bangladesh, 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 of those forces or with any arm, branch, or part thereof, whether he is or is not an officer within the meaning of the 10[ Army Act, 1952, or the Air Force Act, 1953];

(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 this own land or building;

(xxiv) "Officer Commanding the District" means the Officer Commanding any one of the districts into which Bangladesh 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 Government may, by notification in the official Gazette, declare to be such a district for all or any of the purposes of this Act;

11[ (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;]

12[ * * *]

(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 where 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 Board and which is licensed by a Board under the provisions of this Act;

(xxix) "private slaughter-house" means a slaughter-house which is not maintained by a Board and which is licensed by a Board under the provisions of this Act;

(xxx) "public market" means a market maintained by a 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 Board;

13[ (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 14[ Army Act, 1952,] 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 Government 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 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 foot-way 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, 15[ * * *] hand-cart, truck, motor-cycle, bicycle, tricycle and rickshaw;

(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; and

(xl) "year" means the year commencing on the first day of July.

CHAPTER II

DEFINITION AND DELIMITATION OF CANTONMENTS

Definition of cantonments
3.(1) The Government may, by notification in the official Gazette, declare any place or places in which any part of the regular forces or the regular air force of Bangladesh 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 may, by a like notification, declare that any cantonment shall cease to be a cantonment.

(2) The Government may, by a like notification, define the limits of any cantonment for the aforesaid purposes.

(3) When any place is declared a cantonment for the first time, the 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.

(4) The Government may, by notification in the official Gazette, direct that in any place declared a cantonment under sub-section (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.



Alteration of limit of cantonments
4.(1) The Government may, by notification in the official Gazette, declare its intention to include within a cantonment any local area situated in the vicinity thereof or to exclude from a 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 Government through the Officer Commanding-in-Chief, the Command, an objection to the notification, and the Government shall take such objection into consideration.

(3) On the expiry of six weeks from the date of the notification, 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 in the cantonment.



The effect of including area in cantonment
5. 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.



Disposal of cantonment fund when area ceases to be a cantonment
6.(1) When, by a notification under section 3, any cantonment ceases to be a cantonment and the local area comprised therein is immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the Board shall vest in such local authority, and the liabilities of the 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 Board shall vest in Government, and the liabilities of the Board shall be transferred to the Government.



Disposal of cantonment fund when area ceases to be included in a cantonment
7.(1) When, by a notification under section 4, any local area forming part of a cantonment ceases to be under the control of a particular 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 Board and such portion of the liabilities of the Board, as the 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 cases to be under the control of a particular Board and is not immediately placed under the control of some other local authority, such portion of the cantonment fund and other property vesting in the Board shall vest in Government, and such portion of the liabilities of the Board shall be transferred to the Government, as the Government may, by general or special order, direct.



Application of funds and property transferred under sections 6 and 7
8. Any cantonment fund or portion of a cantonment fund or other property of a Board vesting in Government under the provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the Board transferred under such provisions to the 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.



Limitation of operation of Act
9. The Government may, 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 in which the Board is superseded under section 54, apply with such modifications as may be so specified.

CHAPTER III

CANTONMENT BOARDS

Boards

Cantonment Board and Executive Officer
10. For every cantonment there shall be a Cantonment Board and an Executive Officer.



Incorporation of Cantonment Board
11. Every Board shall, by the name of the place by reference to which the cantonment is known, be a body corporate having prepetual 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.



Appointment of Executive Officer
12.(1) The Executive Officer of every cantonment shall be appointed by the Government, or by such person as the Government may authorise in this behalf, 16[ * * *]:

17[ * * *]

(2) Not less than half the cost of the salary of the Executive Officer and a proportionate share of the his leave salary and pension contribution shall be paid to the Government from the cantonment fund:

18[ * * *]

(3) The Executive Officer shall be the Principal Executive Officer of the Cantonment Board and 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. 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.



Classification of Cantonments
13.(1) Cantonments shall be divided into three classes, namely:-

(i) Class I Cantonments, in which the civil population exceeds ten thousand;

(ii) Class II Cantonment, 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.

(2) For the purposes of sub-section (1), the civil population shall be calculated in accordance with the latest official census, or, if the Government, by general or special order, so directs, in accordance with a special census taken for the purpose.



Constitution of Cantonment Boards
19[ 13A.(1) In Class I Cantonments, the Board shall consist of the following members, namely:-

(a) the Officer Commanding the station or, if the Government so directs in respect of any cantonment, such other civil or military officer as may be nominated in his place by the Officer Commanding-in-Chief, the Command;

20[ * * *]

(c) a Magistrate of the first class nominated by the District Magistrate;

(d) the Health Officer;

(e) the Executive Engineer;

(f) four civil or military officers nominated by the Officer Commanding the station by order in writing:

21[ * * *]

(2) In Class II Cantonments, the Board shall consist of the following members, namely:-

(a) the Officer Commanding the station or, if the Government so directs in respect of any cantonment, such other civil or military officer as may be nominated in his place by the Officer Commanding-in-Chief, the Command;

22[ * * *]

(c) a Magistrate of the first class nominated by the District Magistrate;

(d) the Health Officer;

(e) the Executive Engineer;

(f) three civil or military officers nominated by the Officer Commanding the station by order in writing:

23[ * * *]

(3) In Class III Cantonments, the Board shall consist of the following members, namely:-

(a) the Officer Commanding the station or, if the Government so directs in respect of any cantonment, such other civil or military officer as may be nominated in his place by the Officer Commanding-in-Chief, the Command;

24[ * * *]

(c) one civil 25[ and one] military officer nominated by the Officer Commanding the station by order in writing.

(4) 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 civil or military officer whom he is empowered to nominate under clause (f) of sub-section (1), clause (f) of sub-section (2) or clause (c) of sub-section (3), any person, whether in the service of the 26[ Republic] or not, who is ordinarily resident in the cantonment or in the vicinity thereof.

(5) The name of every 27[ * * *] nominated member of the Board, and every vacancy in the membership thereof, shall be notified by the Government in the official Gazette.]



Power to vary constitution of Boards in special circum-stances
14.(1) Notwithstanding anything contained in section 13A, if the Government is satisfied-

(a) that, by reason of military operations it is necessary, or

(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 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 28[ Republic], nominated by the Officer Commanding the station:

29[ * * *]

(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 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 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 Government shall forthwith direct that the term of office of such a Board shall cease if, in the opinion of the 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 13A.



Term of office of members
15. 30[ (1) The term of office of a member of a Board shall be five years and shall commence from the date of the notification of his nomination under sub-section (5) of section 13A, or from the date on which the vacancy has occurred in which he is nominated, whichever be later.]

(2) The term of office of an ex-officio member of a Board 31[ * * *] shall continue so long as he holds the office in virtue of which he is such member.

(3) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

(4) An outgoing member shall, unless the Government otherwise directs, continue in office until the 32[ * * *] nomination of his successor is notified under sub-section (5) of section 13A.

(5) An outgoing nominated member may, if qualified, be renominated.



[Omitted]
16-17. [Omitted by section 7 of the Cantonments (Amendment) Ordinance, 1960 (Ordinance No. XXXVIII of 1960).]



Oath or affirmation
18.(1) Every 33[ * * *] person who is by virtue of his office, or who is nominated 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 in the following form, namely:-

I, ..............., having become/been nominated a member of this Board, do solemnly swear (or affirm) that I will bear true faith and allegiance to Bangladesh 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 Government considers reasonable, the Government shall, by notification in the official Gazette, declare his seat to be vacant.



Resignation
19.(1) Any nominated 34[ * * *] 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 Government.

(2) If the Government accepts the resignation, such acceptance shall be communicated to the Board, and there upon the seat of the member resigning shall become vacant. 35[



President and Vice-President
20.(1) The Officer Commanding the station, or the civil or military officer nominated in his place under section 13A, shall be the President of the Board.

36[ (2) In every Board constituted under section 13A in a class I Cantonment or class II Cantonment, there shall be a Vice-President elected by the members from amongst their number.]



Term of office of Vice-President
21.(1) Unless he resigns his office under sub-section (2) or is removed under sub-section (3), the term of office of a Vice-President shall be five 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.

(3) A Vice-President may be removed from his office by the Government at any time during the term of his office if a no-confidence motion is passed against him by a two-third majority of the 37[ * * *] members of the Board at a meeting specially convened for this purpose, and on such removal the office shall become vacant.



Duties of President
22.(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 threat;

(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 fulfilment 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 in 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 Officer Commanding-in-Chief, the Command.



Duties of Vice-President
23. 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 sub-section (2) of section 22.



Duties of the Executive Officer
24. 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 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 Board, on any matter pertaining to the administration of the cantonment.



Special power of the Executive Officer
25. 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 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) 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 therefor to the Board.



Elections

[Omitted]
26-31. [Omitted by section 11 of the Cantonment (Amendment) Ordinance, 1960 (Ordinance No. XXXVIII of 1960).]



Members

Member not to vote on matter in which he is interested
32. 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 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.



Liability of members
33. Every member of a Board shall be liable for the loss, waste or misapplication of any money or other property belonging to 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 Government.



Removal of members
34.(1) The Government may remove from a Board any member thereof who-

38[ * * *]

(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; or

(c) has knowingly contravened the provisions of section 32; or

(d) has, in the opinion of the Government, so flagrantly abused in any manner his position as a member of the Board as to render his continuance as such member detrimental to the public interests; or

(e) 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 proceedings instituted by or on behalf of the Board against such person; or

(f) holds a contract for work to be done for, or goods to be supplied to, the Board concerned, or has otherwise any pecuniary interest in its affairs.

(2) The Government may, on receipt of a report from the Officer Commanding the station, through the Officer Commanding-in-Chief, the Command, remove from a Board any civil or military officer nominated a member of the Board who is, in the opinion of the Officer Commanding the station, unable to discharge his duties as such member and has failed to resign his office.

(3) and (4) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

(5) No court shall have jurisdiction to enquire into or question the validity of anything done or any order made under this section.



Consequences of removal
35.(1) A member removed under clause (b) of sub-section (1) 39[ * * *] 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 40[ * * *] 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 41[ * * *] nomination until the expiry of three years from the date of his removal.



Servants

Disqualification of person as servant of Board
36.(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 a servant of the Board, shall become or remain a servant of such Board.

(2) A servant 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 a servant of the Board, shall be deemed to have committed an offence under section 168 of the Penal Code.

(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 Officer Commanding-in-Chief, the Command in any lease or sale to, or purchase by, the Board of land or buildings or in any agreement for the same.

(4) Every person applying for employment as a servant 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 menial servant, 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.



Cantonment servant to be deemed a public servant
42[ 36A. Every officer or servant, permanent or temporary, of a Board shall be deemed to be a public servant within the meaning of the Penal Code 43[ * * *].]



Procedure

Meetings
37.(1) Every board shall ordinarily hold at least one meeting in every month on such day as may be fixed, and of which notice shall be given in such manner as may be provided, by 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.



Business to be transacted
38. 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 therefor has been sent to each member not less than seven days before that date.



Quorum
39.(1) The quorum necessary for the transaction of business at a meeting of a Board 44[ constituted under sub-section (1) of section 13A, shall be four and of a Board constituted under sub-section (2) of section 13A shall be three].

45[ (1A) The quorum necessary for the transaction of business at a meeting of a Board constituted under sub-section (3) of section 13A or under sub-section (1) of section 14, shall be two.]

(2) If a quorum is not present, the President 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.



Presiding officer
40. In the absence of-

(a) both the President and the Vice-President from any meeting of a Board 46[ * * *],

(b) the President from a meeting of a Board constituted under sub-section (3) of section 13A or sub-section (1) of section 14,

the members present shall elect one from among their own number to preside.



Minutes
41.(1) Minutes of the proceedings of each meeting shall be recorded in a book and shall be signed by the President 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.

(2) Copies of the minutes shall, as soon as possible after each meeting, be forwarded for information to the Officer Commanding-in-Chief, the Command, the Officer Commanding the District, the Officer Commanding the brigade area, the District Magistrate and the Military Estates Officer.



Meetings to be public
42. Every meeting of a Board shall be open to the public unless in any case the President, for reasons to be recorded in the minutes, otherwise directs.



Method of deciding questions
43.(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 equality of votes, the President 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 grounds for such dissent.



Committees for Bazars
47[ 43A.(1) Every Board constituted under section 13A in a Class I Cantonment or Class II Cantonment shall appoint a committee consisting of the 48[ Vice-President] of the Board, the Health Officer and the Executive Engineer for the administration of such areas in the cantonment as the Government may, by notification in the official Gazette, declare to be bazar areas, and may delegate its powers and duties to such committee in the manner provided in clause (e) of sub-section (1) of section 44.

(2) The Vice-President of the Board shall be the Chairman of the committee appointed under sub-section (1).]



Power to make regulations
44.(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 adjournment of meetings;

(d) the custody of the common seal of the Board and the purpose 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.

(2) No regulation made under clause (e) of sub-section (1) shall take effect until it has been approved by the Government.

(3) No regulation made under this section shall take effect until it has been published in such manner as the Government may direct.



Joint action with other local authority
45.(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 delegating 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 rules for regulating the proceedings of any such committee relating to the purposes for which it has been appointed; or

(b) with the previous sanction of the Officer Commanding-in-Chief, the Command, and the 49[ Government], 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 aggregate area comprising the areas 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 Government or of an officer appointed by the 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 an octroi or terminal tax or toll, the other local authority with which the Board has made such agreement shall have the same powers to establish octroi limits and octroi stations and places for the collection of the terminal tax and terminal toll within the cantonment, as it has within the area ordinarily subject to its control;

(b) such other local authority shall have the same power of collecting such tax or toll in the cantonment, and the provisions of any enactment in force relating to the levy of such tax or toll by such other local authority shall apply in the same manner, as if the cantonment were comprised within the area ordinarily subject to its control; and





(c) the total of the collection of such tax and toll made in the cantonment and in the area ordinarily subject to the control of such other local authority 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.



Report on administration
50[ 45A. Every board shall, as soon as may be after the close of the year and not later than the date fixed in this behalf by the Government, submit to the Government through the Officer Commanding-in-Chief, the Command, a report on the adminis-tration of the cantonment during the preceding financial year, in such form and containing such details as the Government may direct. The comments, if any, of the Officer Commanding-in-Chief, the Command, on such report shall be communicated by him to the Board which shall be allowed a reasonable time to furnish a reply thereto, and the comments together with the reply, if any, shall be forwarded to the Government along with the report.]



Control

Power of Government to require production of documents
46. The Government 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.



Inspection
47. The Government or the Officer Commanding-in-Chief, the Command, may depute any person in the service of the 51[ Republic] 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 servants 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.



Power to call for documents
48. The Officer Commanding-in-Chief, the Command, 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.



Power to require execution of work, etc
49. If, on receipt of any information or report obtained under section 46 or section 47 or section 48, the Government or the Officer Commanding-in-Chief, the Command, 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 Government or the Officer Commanding-in-Chief, the Command, 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.



Power to Provide for enforcement of direction under section 49
50. If, within the period fixed by a direction made under section 49, any action the taking of which has been directed under that section has not been duly taken, the Government or the Officer Commanding-in-Chief, the Command, 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.



Power to override decision of Board
51.(1) If the President dissents from any decision of the Board, which he considers prejudicial to the health, welfare or discipline of the troops 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 Officer Commanding-in-Chief, the Command, the reference being made, save in cases where the Officer Commanding the District is himself the Officer Commanding-in-Chief, the Command, for the purposes of this Act, through the Officer Commanding the District, who may make such recommendations thereon as he thinks fit.

(2) If the District Magistrate considers any decision of a Board to the prejudicial to the public health, safety or convenience, he may, after giving notice in writing of his intention to the Board, refer the matter to the Government; and, pending the disposal of the reference to the 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 by sub-section (2).



Power of Officer Commanding-in-Chief, the Command, on reference under section 51 or otherwise
52.(1) The 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 Government under sub-section (2) of section 51 be considered or re-considered 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 51, and thereafter cancel the suspension or 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 with such modifications as he may specify.

(2) When any decision of a Board has been referred to him under sub-section (1) of section 51, the 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 direction 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.



Powers of Government on a reference made under section 51
53. When any decision of a Board has been referred to the Government under sub-section (2) of section 51, the Government may, after consulting the 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.



Supersession of Board
54.(1) If, in the opinion of the 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 Government may, by an order published, together with the statement of the reasons therefor, 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 if 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 52[ * * *] 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 or otherwise by law shall be exercised and performed by the Officer Commanding the station subject to such reservation, if any, as the Government may prescribe in this behalf; and

(c) before the expiry of the period of supersession 53[ nomination shall be] made for the purpose of reconstituting the Board.



Validity of Proceedings

Validity of proceedings, etc
55.(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 54[ ***] 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 of 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.

CHAPTER IV

SPIRITUOUS LIQUORS AND INTOXICATING DRUGS


Unauthorised sale of spirituous liquor or intoxicating drug
56. If within a cantonment, or within such limits adjoining a cantonment as the Government may, by notification in the official Gazette define, any person not subject to military or air-force law or any person subject to military or air-force law otherwise than as a military officer or a soldier knowingly barters, sells or supplies, or officers or attempts to barter, sell or supply, any spirituous liquor or intoxicating drug to or for the use of any soldier or follower or soldier's wife or minor child without the written permission of the Officer Commanding the station or of some person authorised by the Officer Commanding the station to grant such permission, he shall be punishable with fine which may extend to one hundred Taka, or with imprisonment for a term which may extend to three months, or with both.



Unauthorised possession of spirituous liquor
57. If within a cantonment, or within any limits defined under section 56,-

(a) any person subject to military or air-force law otherwise than as a military officer or a soldier, or

(b) the wife or servant of any such person or of a soldier, has in his or her possession, except on behalf of the Government or for the private use of a military officer, more than one quart of any spirituous liquor, other than fermented maltliquor, without the written permission of the Officer Commanding the station or of some person authorised by the Officer Commanding the station to grant such permission, he or she shall be punishable, in the case of a first offence, with fine which may extend to fifty Taka, and, in the case of a subsequent offence, with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred Taka.



Arrest of persons and seizure and confiscation of things for offences against the two last foregoing sections
58.(1) Any police officer or excise officer may, without an order from a Magistrate and without a warrant, arrest any person whom he finds committing an offence under section 56 or section 57, and may seize and detain any spirituous liquor or intoxicating drug in respect of which such an offence has been committed and any vessels or coverings in which the liquor or drug is contained.

(2) Where a person accused of an offence under section 56 has been previously convicted of an offence under that section, an officer in charge of a police station may, with the written permission of a Magistrate, seize and detain any spirituous liquor or intoxicating drug within the cantonment or within any limits defined under that section which, at the time of the alleged commission of the subsequent offence, belonged to, or was in the possession of, such person.

(3) The Court convicting a person of an offence under section 56 or section 57 may order the confiscation of the whole or any part of anything seized under sub-section (1) or sub-section (2).

(4) Subject to the provisions of Chapter XLIII of the Code of Criminal Procedure, 1898, anything, seized under sub-section (1) or sub-section (2) and not confiscated under sub-section (3) shall be restored to the person from whom it was taken.



Saving of articles sold or supplied for medicinal purposes
59. The foregoing provisions of this Chapter shall not apply to the sale or supply of any article in good faith for medicinal purposes by a medical practitioner, chemist or druggist authorised in this behalf by a general or special order of the Officer Commanding the station.

CHAPTER V

TAXATION

Imposition of Taxation

General power of taxation
60.(1) The Board may, with the previous sanction of the Government, impose in any cantonment any tax which, under any enactment for the time being in force, may be imposed in any municipality 55[ * * *].

(2) Any tax imposed under this section shall take effect from the date of its notification in the official Gazette.



Framing of preliminary proposals
61. When a resolution has been passed by the Board proposing to impose a tax under section 60, the Board shall in the manner prescribed in section 255 publish a notice specifying-

(a) the tax which it is proposed to impose;

(b) the persons or classes of persons to be made liable and the description of the property or other taxable thing or circumstance in respect of which they are to be made liable; and

(c) the rate at which the tax is to be levied.



Objections and disposal thereof
62.(1) Any inhabitant of the cantonment may, within thirty days from the publication of the notice under section 61, submit to the Board an objection in writing to all or any of the proposals contained therein and the Board shall take any objection into consideration and pass orders thereon by special resolution.

(2) If the Board decides to modify its proposals or any of them, it shall re-publish the modified proposals in the manner provided by section 61 indicating that the proposals are in modification of the proposals previously published; and the provisions of sub-section (1) of this section shall apply to such modified proposals.

(3) When the Board has finally settled the proposals, it shall submit them along with the objections, if any, made in connection therewith to the Government through the Officer Commanding-in-Chief, the Command.



Imposition of tax
63. The Government may authorise the Board to impose the tax either in the original form or, if any objection has been submitted, in that form or any such modified form as it thinks fit.



Definition of "annual value"
64. For the purposes of this Chapter, "annual value" means-

(a) in the case of railway stations, hotels, colleges, schools, hospitals, factories and any other buildings which a Board decides to assess under this clause, one-twentieth of the sum obtained by adding the estimated present cost of erecting the building to the estimated value of the land appertaining thereto, and

(b) in the case of a building or land not assessed under clause (a), the gross annual rent for which such building (exclusive of furniture or machinery therein) or such land is actually let or, where the building or land is not let or in the opinion of the Board is let for a sum less than its fair letting value, might reasonably be expected to let from year to year:

Provided that, where the annual value of any building is by reason of exceptional circumstances, in the opinion of the Board, excessive if calculated in the aforesaid manner, the Board may fix the annual value at any less amount which appears to it to be just.



Incidence of taxation
65.(1) Save as otherwise expressly provided in the notification imposing the tax, every tax assessed on the annual value of buildings or lands or of both shall be leviable primarily upon the actual occupier of the property upon which the said tax is assessed, if he is the owner of the buildings or lands or holds them on a building or other lease granted by or on behalf of the Government or the Board or on a building lease from any person.

(2) In any other case, the tax shall be primarily leviable as follows, namely:-

(a) if the property is let, upon the lessor;



(b) if the property is sub-let, upon the superior lessor;



(c) if the property is unlet, upon the person in whom the right to let the same vests.

(3) On failure to recover any sum due on account of such tax from the person primarily liable, there may be recovered from the occupier of any part of the buildings or lands in respect of which the tax is due such portion of the sum due as bears to the whole amount due the same ratio which the rent annually payable by such occupier bears to the aggregate amount of rent so payable in respect of the whole of the said buildings or lands, or to the aggregate amount of the letting value thereof, if any, stated in the authenticated assessment list.

(4) An occupier who makes any payment for which he is not primarily liable under this section shall, in the absence of any contract to the contrary, be entitled to be reimbursed by the person primarily liable for the payment, and, if so entitled, may deduct the amount so paid from the amount of any rent from time to time becoming due from him to such person.



Assessment List

Assessment list
66. When a tax assessed on the annual value of buildings or lands or both is imposed, the Board shall cause an assessment list of all buildings or lands in the cantonment, or of both, as the case may be, to be prepared in such form as the Government may by rule prescribe.



Publication of assessment list
67. When the assessment list has been prepared, the Board shall give public notice thereof, and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any property included in the list, and any authorised agent of such person, shall be at liberty to inspect the list and to make extracts therefrom free of charge.



Revision of assessment list
68.(1) The Board shall, at the same time, give public notice of a date, not less than one month thereafter, when it will proceed to consider the valuations and assessments entered in the assessment list, and, in all cases in which any property is for the first time assessed or the assessment is increased, it shall also give written notice thereof to the owner and to any lessee or occupier of the property.

(2) Any objection to a valuation or assessment shall be made in writing to the Board before the date fixed in the notice, and shall state in what respect the valuation or assessment is disputed, and all objections so made shall be recorded in a register to be kept for the purpose by the Board.

(3) The objections shall be inquired into and investigated, and the persons making them shall be allowed an opportunity of being heard either in person or by authorised agent, by an Assessment Committee appointed by the Board.

(4) The Assessment Committee shall consist of not less than three persons, and, it shall not be necessary to appoint to the Assessment Committee any member of the Board.



Authentication of assessment list
69.(1) When all objections made under section 68 have 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.

(2) The assessment list so authenticated shall be deposited in the office of the Board, and shall there be open, free of charge, during office hours to all owners, lessees and occupiers of property comprised therein or the authorised agents of such persons, and a public notice that it is so open shall forthwith be published.



Evidential value of assessment list
70. Subject to such alterations as may thereafter be made in the assessment list under the provisions of this Chapter and to the result of any appeal made thereunder, the entries in the assessment list authenticated and deposited as provided in section 69 shall be accepted as conclusive evidence?

(i) for the purpose of assessing any tax imposed under this Act, of the annual value or other valuation of all buildings and lands to which such entries respectively refer, and

(ii) for the purposes of any tax imposed on buildings or lands, of the amount of each such tax leviable thereon during the year to which such list relates.



Amendment of assessment list
71.(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.

56[ (1A) Before making any amendment under sub-section (1) the Board shall give to any person affected by the amendment notice of not less than one month that it proposes to make the amendment.]

(2) Any person interested in any such amendment may tender an objection to the Board in writing before the time fixed in the notice, and shall be allowed an opportunity of being heard in support of the same in person or by authorised agent.



Preparation of new assessment list

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