West Bengal Municipal Elections Act, 1994
[Act No. 34 of 1994]
[10th October 1994]
Preamble
An Act to consolidate and amend the laws relating to the holding of elections to the Municipalities in West Bengal.
Whereas it is expedient to consolidate and amend the laws relating to the holding of elections to the Municipalities in West Bengal;
It is hereby enacted in the Forty-fifth Year of the Republic of India, by the Legislature of West Bengal, as follows:--
Chapter: I - Preliminary
Section 1 - Short title, extent and commencement
(1) This act may be called the West Bengal Municipal Elections Act, 19941.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
Footnote:
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Published in the Calcutta Gazette, Extraordinary, vide Notification No. 1286-L, dated 20.7.1994, w.e.f. 20.7.1994.
Section 2 - Definitions
In this act, unless the context otherwise requires,--
(a) "article" means an article of the Constitution;
(b) "Commission" means the West Bengal State Election Commission referred to in sub-section (1) of section 3 of the West Bengal State Election Commission Act, 1994;
(c) "constituency" means a ward of a Municipality;
(d) "Constitution" means the Constitution of India;
(e) "election" means the election to fill a seat or seats in a Municipality;
(f) "elector", in relation to a constituency of a Municipality, means the person whose name is entered in the electoral roll of that Municipality for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950;
(g) "member" means a person elected at an election to fill a seat, in a Municipality;
(h) "Municipal area" means the territorial area of a Municipality;
(i) "Municipality" has the same meaning as in clause (e) of Article 243P of the Constitution;
(j) "notification" means a notification published in the Official Gazette;
(k) "order" means an order published in the Official Gazette;
(l) "ordinarily resident" has the same meaning as assigned to it in section 20 of the Representation of the People Act, 1950;
(m) "Panchayat" has the same meaning as in 1[clause (e)] of Article 243 of the Constitution;
(n) "person" does not include a body of persons;
(o) "prescribed" means prescribed by rules made under this Act;
(p) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881;
(q) "qualifying date" means the date specified as such by the Commission by notification for the purposes of this Act;
(r) "sign", in relation to a person who is unable to write his name, means to authenticate in such manner as may be prescribed;
2[(rr) "voting machine" means any machine or apparatus, whether operated electronically or otherwise, used for giving, or recording of, votes, and any reference to a ballot-box or ballot-paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed to include a reference to a voting machine used at any election;]
(s) "ward" means an administrative division of a Municipality;
(t) other expressions have the meaning respectively assigned to them in the West Bengal State Election Commission Act, 1994.
Footnotes:
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Substituted by s. 2 of the West Bengal Municipal Elections (Amendment) Act, 1994 (West Ben. Act XLVI of 1994) for "Clause (a)".
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Inserted by s. 2 of the West Bengal Municipal Elections (Amendment) Act, 2000 (West Ben. Act IX of 2000), w.r.e.f. 21.2.2000.
Section 3 - Power to delimit municipal areas into wards
1[(1) For the purpose of election of members of a Municipality, the Commission shall, having regard to population, dwelling pattern, geographical conditions and economic considerations of any municipal area, by notification, in the case of a new Municipality, of its own motion, and in the case of a Municipality already in existence at the time the notification is made, after consideration of the views of the Municipality, divide, in such manner as it thinks fit, such municipal area into such number of wards as may be determined by the State Government in this behalf:
Provided that the number of wards in the municipal areas of the Kolkata Municipal Corporation and the Howrah Municipal Corporation and the boundaries of the wards shall be such as is provided in the Kolkata Municipal Corporation Act, 1980 and the Howrah Municipal Corporation Act, 1980, respectively.
(2) Each ward of a Municipality shall be a single-member constituency.]
Footnote:
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Substituted by s. 3 of the West Bengal Municipal Elections (Amendment) Act, 1994 (West Ben. Act XLVI of 1994), which was earlier as follows:
"3. Power to delimit municipal area* into wards.--
For the purpose of election of members of a Municipality, the Commission shall, having regard to population, dwelling pattern, geographical conditions and economic considerations of the area in each ward, divide any municipal area into such number of wards as may be determined by the State Government in this behalf:
Provided that the number of wards in the municipal area of the Calcutta Municipal Corporation and the Howrah Municipal Corporation shall be such as is provided in the Calcutta Municipal Corporation Act, 1980 and the Howrah Municipal Corporation Act, 1980, respectively.".
Chapter: II - Officers
Section 4 - Officers
The Officers for the purpose of election shall be appointed in accordance with the provisions of section 6 of the West Bengal State Election Commission Act, 1994, and they shall exercise powers and perform functions in accordance with the provisions of this Act and the West Bengal State Election Commission Act, 1994.
Section 5 - Co-ordination and supervision
(1) Subject to the superintendence, direction and control of the Commission, the District Municipal Election Officer shall co-ordinate and supervise all work within his jurisdiction in connection with the preparation and revision of electorial rolls for all Municipalities.
(2) The District Municipal Election Officer shall perform such other functions as may be entrusted to him by the Commission.
Section 6 - Preparation and revision of electoral roll
(1) The electoral roll for each Municipality shall be prepared and revised by a Municipal Electoral Registration Officer.
(2) A Municipal Electoral Registration Officer may, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the Municipality.
Section 7 - Functions of Assistant Municipal Electoral Registration Officer
Every Assistant Municipal Electoral Registration Officer shall, subject to the direction and control of the Municipal Electoral Registration Officer, be competent to perform any of the functions of the Municipal Electoral Registration Officer.
Section 8 - General duties of District Municipal Election Officer
Subject to the superintendence, direction and control of the Commission, the District Municipal Election Officer shall supervise the conduct of all elections within his jurisdiction. The District Municipal Election Officer shall perform such other functions as may be entrusted to him by the Commission.
Section 9 - Municipal Returning Officer
Subject to the provisions of sub-section (1) of section 6 of the West Bengal State Election Commission Act, 1994, there shall be a Municipal Returning Officer for every constituency for every election to fill a seat or seats in a Municipality:
Provided that nothing in this section shall prevent the Commission from designating or nominating the same person to be 1[the] Municipal Returning Officer for more than one constituency.
Footnote:
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Inserted by s. 4 of the West Bengal Municipal Elections (Amendment) Act, 1994 (West Ben. Act XLVI of 1994).
Section 10 - Assistant Municipal Returning Officer
Subject to the provisions of sub-section (2) of section 6 of the West Bengal State Election Commission Act, 1994, every Assistant Municipal Returning Officer shall, subject to the control of the Municipal Returning Officer, be competent to perform any of the functions of the Municipal Returning Officer.
Section 11 - General duty of the Municipal Returning Officer
It shall be the general duty of the Municipal Returning Officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act or the rules or the orders made thereunder.
Section 12 - Provision of polling stations for constituencies
The Municipal Returning Officer shall, subject to such directions as may be issued by the Commission in this behalf, provide a sufficient number of polling stations for every constituency and shall publish, in such manner as the Commission may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.
Section 13 - Appointment of Presiding Officers and Polling Officers for polling stations
(1) Subject to the provisions of sub-section (4) of section 6 of the West Bengal State Election Commission Act, 1994, there shall be a Presiding Officer and such number of Polling Officer or Officers for each polling station as the Municipal Returning Officer thinks necessary:
Provided that nothing in this sub-section shall prevent the Municipal Returning Officer from appointing the same person to be the Presiding Officer for more than one polling station in the same premises:
Provided further that if a Polling Officer is absent from the polling station, the Presiding Officer may appoint any person who is present at the polling station, other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the Polling Officer during the absence of the former officer, and inform the Municipal Returning Officer accordingly.
(2) A Polling Officer shall, if so...
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