Section Text
(1)Save as hereinafter, provided, every person, not being 1 [a person[holding any office of profit under the Government]], whose name is entered onthe electoral roll of a cantonment shall be qualified for election as a memberof the Board in that cantonment.
2 [(1A)No person shall be qualified for nomination as a member of a Board if he issubject to any of the disqualification specified in sub-section (2) of section27.]
(2)No person shall be qualified for 3 [being chosen (whether by electionor nomination) as, and for being] a member of a Board, if he-
(a)has been dismissed from 4 [the service of the Government] and isdebarred from re-employment therein, or is a dismissed servant of 5 [aBoard or an authority which, before the commencement of the Cantonments(Amendment) Act, 1936 (24 of 1936), exercised and performed the powers andduties of a Cantonment Authority under this Act];
(b)is debarred from practising as a legal practitioner by order of anycompetent-authority;
(c)holds any place of profit in the gift or at the disposal of the Board, or is a 6 [** *] police officer, or is the servant or
employerof a member of the Board; or
(d)is interested in a subsisting contract made with, or in work being done for, theBoard except as a shareholder (other than a director) in an incorporatedcompany; or
7 [[(e)]is an officer or servant, permanent or temporary, of a Board 8 [or ofany other local authority]; or]
9 [[(f)]is a member of any other to cal authority; or]
8 [(g)has, by the authority referred to in clause (f) of section 31, been found tohave been guilty of any of the corrupt practices specified in sub-section (2) ofsection 29 unless a period of five years has elapsed since the date of thefinding or the disqualification has been removed either retrospectively orprospectively by an order of the Central Government; or
(h)fails to pay any arrears of any kind due by him otherwise than as an agent,receiver, trustee or an executor, to the Board within thirty days after thenotice in this behalf has been served upon him; or]
10 [(i)J is disqualified under any other provision of this Act:
Providedthat--
(i)any of the disqualifications referred to in clauses (a) and (b) may be removedby an order of the [Central Government] in this behalf; and
(ii)a person shall not be deemed to have any interest in such a contract or work asis referred to in clause (d) by
reasononly of his having a share or interest in--
(a)any lease or sale or purchase of immovable property or any agreement for thesame; or
(b)any agreement for the to an of money or any security for the payment of moneyonly; or
(c)any newspaper in which any advertisement relating to the affairs of the Board isinserted; or
(d)the sale to the Board of any articles in which he regularly trades or thepurchase from the Board of any articles, to a value in either case not exceedingRs. 11 [3,000] in the aggregate in any year during the period of thecontract or work.
__________________________
1.Substituted by Act 24 of 1936, section 12, for "a stipendiary Magistrateor a military officer or soldier".
2.Inserted by Act 15 of 1942, section 5.
3.Substituted by Act 15 of 1983, section 17, for certain words w.e.f. 1-10-1983.
4.Substituted by the A.O. 1937, for "Government service".
5.Substituted by Act 24 of 1936, section 12, for "the Cantonment Authority".
6.The words "stipendiary Magistrate or" rep. by Act 7 of 1925, section 4.
7.Inserted by Act 24 of 1936, section 12.
8.Inserted by Act 15 of 1983, section 17 w.e.f. 1-10-1983.
9.Inserted by Act 2 of 1954, section 7.
10.Re-lettered as clauses (e), (f) and (i) respectively by Act 15 of 1983,section 17 w.e.f. 1-10-1983.
11.Substituted by Act 15 of 1983, section 17, for "1,500" w.e.f. 1-10-1983.