Cantonments (First Amendment) Ordinance 1979

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ORDINANCE XLIV OF 1979

CANTONMENTS (AMENDMENT) ORDINANCE, 1979

An Ordinance further to amend the Cantonments Act, 1924

[Gazette of Pakistan, Extraordinary, Part I, 9th September, 1979]

No. F.17(1)/79-Pub.-The following Ordinance made by the Acting President on the 5th September, 1979 is hereby published for general information:

Whereas it is expedient further to amend the Cantonments Act, 1924 (II of 1924), for the purposes hereinafter appearing ;

And whereas the Acting President is satisfied that circumstances exist which render it necessary to take immediate action ;

Now, therefore, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977), and in exercise of all powers enabling him in that behalf, the Acting President is pleased to make and promulgate the following Ordinance :-

1- Short title and commencement.-(1) This Ordinance may be called the Cantonments (Amendment) Ordinance, 1979.

(2) It shall come into force at once.

2. General amendments in Act II of 1924.-In the Cantonments Act, 1924 (II of 1924), hereinafter referred to as the said Act, for the words and commas "Officer Commanding-in-Chief, the Command," wherever occurring, the words: "Competent Authority" shall be substituted.

**3. Amendment of section 2, Act II of 1924.-**In the said Act, in section 2,-

(a) for clause (viii) the following shall be substituted, namely

"(viii) "Competent Authority" means the Chief of the Army Staff or any other officer appointed by the Federal Government to be the Competent Authority in respect of one or more cantonments or class of cantonments ; "

(b) for clause (xia) the following shall be substituted, namely :-

"(xia) "elected member" means a person elected under this Act as member of a Board ; " ;

(c) clause (xii) shall be omitted ;

(d) after clause (xix), the following new clause shall be inserted, namely :-

"(xixa) "Maintenance 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 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, and includes the officer of whatever grade in immediate executive engineering charge of a cantonment ; "

(e) after clause (xxvii), the following new clause shall be inserted, namely .-

"(xxviia) "peasant" means a person who owns agricultural land not `exceeding five acres and engages himself personally in the cultivation of land ;

(f) in clause (xxxix), the word "and" at the end shall be omitted ; and

(g) after clause (xxxix) amended as aforesaid, the following new clause shall be inserted, namely :-

"(xxxixa) "work" shall have the same meaning as in the Industrial Relations Ordinance, 1969 (XXIII of 1969), and shall include a self-employed craftsman like blacksmith, carpenter, tailor and shoe-maker ; and"

4. Amendment of section 13, Act II of 1924.-In the said Act, in section 13, for subsection (1) the following shall be substituted, namely :-

"(1) Cantonments shall be divided into three classes, namely :-

(i) Class I Cantonments, in which the civil population is one hundred thousand or more ;

(ii) Class II Cantonments, in which the civil Population is fifty thousand or more but less than one hundred thousand ; and

(iii) Class III Cantonments, in which the civil population is less than fifty thousand."

5. Substitution of section 13-A, Act II of 1924.--In the said Act, for section 13-A the following shall be substituted, namely : -

"13-A. Constitution of Cantonment Boards.-(1) The Board for a Class I Cantonment shall consist of the following members, namely :-

(a) the Officer Commanding the station or, if the Federal Government so directs in respect of any cantonment, such other military officer as may be nominated by the Competent Authority ;

(b) twelve elected members ;

(c) the Health Officer ;

(d) the Maintenance Engineer ;

(e) a Magistrate of the first class nominated by the District Magistrate and

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

(2) The Board for a Class II Cantonment shall consist of the following members, namely:-

(a) the Officer Commanding the station or, if the 'Federal Government so directs in respect of any Cantonment, such other military officer as may be nominated by the Competent Authority ;

(b) seven elected members ;

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

(f) four military officers nominated by the Officer Commanding the station by order in writing.

(3) The Board for a Class III Cantonment shall consist of the following members, namely:-

(a) the Officer Commanding the station or, if the Federal Government so directs in respect of any cantonment, such other military, officer as may be nominated by the Competent Authority ;

(b) two elected members .

Provided that the Federal Government may, by notification in the official Gazette, increase the number of elected members to such extent not exceeding five as it deems fit ;

(c) the Health Officer ; and

(d) one military officer nominated by the Officer Commanding the station by order in writing:


Provided that, if the number of elected members is increased under clause (b), the number of members so nominated shall be one less than the number of elected members so increased.

(4) The Federal Government may, by notification in the official Gazette, reserve a number of seats for women, peasants, workers and minority com munities in the Board of a particular cantonment:

Provided that nothing contained in this Act or the rules made thereunder shall be construed as making a woman, peasant or worker ineligible for election to a general seat in any Board.

(5) The name of every elected or nominated member of the Board shall forthwith be reported to the Federal Government which shall notify in the official Gazette the name of the person so nominated or elected.

(6) The Officer Commanding the station may, with the sanction of the Competent Authority, nominate, in place of a military officer whom he is empowered to nominate under clause (f) of subsection (l ), clause (f) of subsection (2) or clause (d) of subsection (3), any person who is ordinarily resident in the cantonment or in the vicinity thereof.".

6. Substitution of section 15, Act II of 1924.-In the said Act, for section 15 the following shall be substituted, namely :-

"15. Division of cantonment into wards.-(1) Every cantonment shall be divided into wards so that the number of such wards is equal to the number of elected members of the Board provided for that cantonment in section 13-A, excluding the number of seats, if any, reserved for women, workers, peasants and minority communities under subsection (4) of that section.

(2) The wards shall be delimited in such manner as may be prescribed by rules made under this Act.

15-A. Electoral rolls.-In every ward, an electoral roll showing the names of Muslims, and in every cantonment for which the number of seats for minority communities has been fixed under subsection (4) of section 13-A, an electoral roll showing the names of non-Muslims, qualified to vote at elections to the Board shall be prepared on the basis of the electoral rolls pertaining to that cantonment prepared under section 4 of the Electoral Rolls Act, 1974 (XXI of 1974).

15-B. Qualifications and disqualifications of members.--(1) A person who is not less than twenty-one years of age on the first day of January preceding the election shall be qualified to be elected as a member of a Board if his name appears for the time being on the electoral roll of the ward from which he seeks election and he is not subject to any disqualification for being elected as, and for being, a member of, a Board.

(2) A person shall be disqualified for being elected as, and for being a member of, a Board if he

(a) has ceased to be a citizen of Pakistan or has voluntarily acquired the citizenship of a foreign state or has made a declaration of allegiance or adherence to a foreign state ;

(b) is an undischarged insolvent ;

(c) has been ordered to execute a bond under section 110 of the Code of Criminal Procedure, 1898 (Act V of 1898), or has, on conviction for an offence involving moral turpitude, been sentenced to imprisonment for a term of not less than six months. unless five years or such less period as the Federal Government may, by notification in the official Gazette, specify in this behalf, have elapsed from the date of the expiration of the period of the bond or sentence, as the case may be ;

(d) is a whole-time salaried official in the service of Government or of a public statutory corporation, a corporation under the control of Government, a Board or a local body or other local authority ;

(e) is under contract for work to be done or goods to be supplied to the Board to which he seeks election or has otherwise any pecuniary interest in its affairs ;

(f) fails to take oath of membership of the Board or to declare his properties as required under this Act ; or

(g) is for the time being disqualified for the membership of an elective body under any law for the time being in force.

15-C. Election of members.-(1) Elected members, except those represent?ing women, workers and peasants, shall be elected by direct election on the basis of adult franchise in the manner prescribed by rules made under this Act.

(2) Elected members representing women, workers and peasants shall be elected by members elected under subsection (1) in the manner prescribed by rules made under this Act.

(3) The Muslims enrolled on the electoral rolls for a ward showing the names of Muslims shall, in accordance with the rules made under this Act, from time to time elect from amongst themselves a person to be a member of the Board.

(4) In a cantonment in the Board of which a seat is reserved for the minority communities, the persons belonging to the minority communities enrolled on the electoral roll for the cantonment showing the names of non-Muslims shall, in accordance with the rules made under this Act, from time to time elect from amongst themselves a person to be a member of the Board.

15-D. Conduct of elections.-All elections to a Board shall be organised and conducted in accordance with the rules made under this Act and such rules may provide for all matters connected therewith or incidental thereto, including the time of holding the elections, by elections, corrupt or illegal practices and other election offences and penalties therefore and the submission, trial and disposal of election petitions.

15-E. Term of office of members.-(1) Subject to the provisions of this Act, a member of a Board shall hold office for a period of four years from the date of the notification of his election or nomination or from the date on which the vacancy has occurred in which be is elected or nominated, whichever be later:

Provided that, notwithstanding the expiry of his term, such member shall continue to function as a member until the election or, as the case may be, nomination of his successor is notified under subsection (5) of section 13-A.

(2) The term of office of an ex officio member of a Board shall continue so long as be holds the office by virtue of which he is such member.

(3) The term of office of an elected member who fills a casual vacancy shall commence from the date of his election and shall continue so long only as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

15-F. Resignation of member.-(1) A nominated or elected member who wishes to resign his office may submit his resignation in writing to the President of the Board who shall forward it for orders, in the case of a nominated member, to the authority nominating such member and, in the case of an elected member, to the Federal Government.

(2) No resignation of a nominated or elected member shall take effect unless it is accepted by the authority nominating him or the Federal Govern?ment, as the case may be, and every such acceptance shall be communicated to such member.

**15-G. Removal of nominated member.-**Where the Officer Commanding the station makes a report to the effect that any nominated member, being a civil or military officer, is unable to discharge his duties for any reason, the Federal Government may, by order in writing, relieve such member of his office.

15-H. Casual vacancy in the office of nominated member.-(1) Every casual vacancy occurring in the office of a nominated member shall forthwith be reported to the Federal Government which shall, by notification in the official Gazette, declare the occurrence of such vacancy.

(2) A casual vacancy in the office of a nominated member shall be filled for the remainder of the term of such member by nominating another person in his place in the same manner in which such member was nominated.

15-I. Declaration of property.-Every elected member shall, before enter?ing upon office submit to an officer authorised by the Federal Government in this behalf, and in such manner as the Federal Government may direct, a declaration in writing of properties, both movable and immovable, whether within or outside Pakistan, which he or any member of his family owns, or has in his possession or under his control, or in which he or any member of his family has any beneficial interest.

Explanation.-For the purposes of this section, the expression "member of his family" in relation to a person, includes-

(a) the spouse of such person, and

(b) such of the children, parents, brothers and sisters at reside with and are wholly dependent upon such person."

7. Substitution of section 34, Act II of 1924.-In the said Act, for section 34 the following shall be substituted, namely : -

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

(a) becomes, or is found to have been at the time of his election or nomination, subject to any of the disqualifications provided in subsection (2) of section 15-B ; or

(b) has absented himself for more than three consecutive 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) being a legal practitioner, acts or accepts on behalf of any other person against the Board in any legal proceedings, 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 proceed ing instituted by or on behalf of the Board against such person ; or

(e) is a defaulter in regard to the payment of taxes or other dues payable to the Board.

(2) The Federal Government may remove from a Board any member who, in the opinion of the Federal Government, has so flagrantly abused in any manner his position as a member of the Board as to render his continuance as a member of the Board detrimental to the public interest.

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

(4) No member shall be removed from a Board under subsection (1) or subsection (2) unless he has been given a reasonable opportunity of showing cause against his removal."

**8. Amendment of section 35, Act II of 1924.-**In the said Act, in section 35,-

(a) in subsection (1), the words, brackets, figure and letter "or under subsection (2-A)" shall be omitted ;

(b) in subsection (2), for the words, brackets, letter and figure "or clause (d) of subsection (1)" the words, brackets and figures "of subsection (1) or under subsection (2)" shall be substituted ; and

(c) in subsection (3), for the brackets and figure "(2)" the brackets and figure "(3)" shall be substituted.

**9. Amendment of section 43-A, Act II of 1924.-**In the said Act, in section 43-A, in subsection (1),-

(a) for the words and figure "or class II Cantoment" the comma, words and figures "Class II Cantonment or Class III Cantonment" shall be sub stituted ; and

(b) for the words "the Executive Engineer" the commas, words and figures ", in the case of a Class I Cantonment or Class II Cantonment, the Maintenance Engineer" shall be substituted.

**10. Insertion of new section 43-B, Act II of 1924.-**In the said Act, after section 43-A, the following new section shall be inserted, namely

"43-B. Mohallah Punchayats.-The Federal Government may constitute Mohallah Punchayats in the Cantonment areas on the basis of consensus for performing such socio-economic functions as may be prescribed by rules made under this Act."

11. Insertion of new section 286-B, Act II of 1924.-In the said Act, after section 286-A, the following new section shall be inserted, namely :-

"286-A. Delegation of powers.-(1) The Federal Government may, by notification in the official Gazette, delegate any of its powers under this Act or the rules made thereunder to any officer subordinate to it subject to such conditions or limitations as maybe specified in the notification.

(2) The Board may, with the prior approval of the Federal Government, by resolution, delegate all or any of its powers under this Act or the rules made thereunder to any of its officers subject to such conditions or limitations as may be specified, in the resolution."

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