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Section 41

The West Bengal Municipal Act, 1993State Act of West Bengal · Act 22 of 1993

(1) No Magistrate other than a Judicial Magistrate of the first class shall take cognizance of any offence under this Chapter,—

(a) except on the complaint of a person whose name is on the electoral roll;

(b) unless such complaint has been made within fourteen days of—

(i) the date of declaration of the result of any election to which the offence relates, or

(ii) the date on which the offence is alleged to have been committed; and

(c) in the case of an offence of corrupt practice, unless the person complaining shall have deposited one hundred rupees:

Provided that deposit mentioned in clause (c) shall be refunded to the complainant if the complaint is found to be true or if, for any other reason, the Magistrate or the Court of Sessions so directs.

(2) An appeal shall lie to the Court of Sessions from any conviction under this section.

42. Every person convicted of an offence under this Chapter or of an offence punishable under the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952, shall be disqualified from voting or from being elected in any election to which this Act applies and from holding the office of the Chairman or the Councillor under this Act for such period, not being less than three years or more than six years from the date of his conviction, as the Court may by order determine.

Where this provision sits

ActThe West Bengal Municipal Act, 1993
Section41
JurisdictionState of West Bengal
StatusIn force as published by the source

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