West Ben. Act XXXIV of 1994.

d1acaf405e04adf690b0b28b16cfedd70c34207e · 1994 · West Bengal

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Parent: The West Bengal Municipal Elections Act, 1994 (9cc63d87660d39ac8de10f65647b4fa39b7fe7cc)

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West Ben. Act XXXIV of 1994. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XLVI of 1994 THE WEST BENGAL MUNICIPAL ELECTIONS (AMENDMENT) ACT, 1994. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 10th October, 1994.] [10th October; 1994.] An Act to amend the West Bengal Municipal Elections Act, 1994. WHEREAS it is expedient to amend the West Bengal Municipal Elections Act, 1994, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Forty-fifth Year of the Republic of India, by the Legislature of West Bengal, as follows:- 1. (1) This Act may be called the West Bengal Municipal Elections (Amendment) Act, 1994. (2) It shall come into force at once. 2. In section 2 of the West Bengal Municipal Elections Act, 1994 (hereinafter referred to as the principal Act), in clause (m), for the word, letter and brackets "clause (a)", the word, letter and brackets "clause (e)" shall be substituted. 3. For section 3 of the principal Act, the following section shall be substituted:— "Power to delimit municipal areas 3. (1) For the purpose of election of members of a population, dwelling pattern, geographical conditions and municipal areas Municipality, the Commission shall, having regard to into wards. 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: Short title and commencement. Amendment of sec

Rule TOC

1 · (1) This Act may be called the West Bengal Municipal Elections (Amendment) Act, 1994.

2 · In section 2 of the West Bengal Municipal Elections Act, 1994 (hereinafter referred to as the principal Act), in clause (m), for the word, letter and brackets "clause (a)", the word, letter and brackets "clause (e)" shall be substituted.

3 · For section 3 of the principal Act, the following section shall be substituted:—

3 · (1) For the purpose of election of members of a population, dwelling pattern, geographical conditions and municipal areas Municipality, the Commission shall, having regard to into wards.

4 · In the proviso to section 9 of the principal Act, after the words "the same person to be", the word "the" shall be inserted.

5 · In section 14 of the principal Act, for the words "Polling fairly taken.", the words "poll is fairly taken." shall be substituted.

6 · In sub-section (1) of section 20 of the principal Act, for the words "The electoral roll", the words and figures "Subject to the provisions of section 5 of the West Bengal State Election Commission Act, 1994, the electoral roll" shall be substituted.

7 · In sub-section (1) of section 25 of the principal Act, for the words "after consultation with", the words "after consulting" shall be substituted.

9 · In sub-section (3) of section 30 of the principal Act, for the words, figure and brackets "sub-section (1) and", the words, figure and brackets "sub-section (1) or" shall be substituted.

11 · For section 34 of the principal Act, the following section shall be substituted:—

12 · In sub-section (2) of section 35 of the principal Act, the words ", and his name shall be struck off from the electoral roll" shall be omitted.

13 · In section 52 of the principal Act, the words ", and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the Municipal Returning Officer" shall be omitted.

14 · In sub-section (2) of section 53 of the principal Act, for the words "the Municipal Returning Officer" in the two places where they occur, the words "such officer as may be prescribed" shall be substituted.

16 · In section 81 of the principal Act, after the word and figures "Chapter III" in the two places where they occur, the words and figures "of Part VII" shall be inserted.

17 · In sub-section (1) of section 83 of the principal Act, for the words "elected to the Municipality", the words "elected to a Municipality" shall be substituted.

18 · In section 84 of the principal Act, for the words "It shall be competent", the words "Subject to the provisions of the Constitution, it shall be competent" shall be substituted.

19 · In sub-section (4) of section 85 of the principal Act, the words "or, in the case of election of more than one member at the election, onesixth of the total number of valid votes so polled divided by the number of members to be elected" shall be omitted.

21 · In section 89 of the principal Act, after the words "by the Municipal Returning Officer or by any other person appointed", the words and figures "under the West Bengal State Election Commission Act, 1994 or" shall be inserted.