(1) This Act may be called the West Bengal Municipal Short title, Eelections Act, 1994. extent and commence-
(2) It extends to the whole of West Bengal. ment
(3) It shall come into force on such date as the State Government may, by notification, appoint.
West Ben.
Act VIII of
1994.
43 of 1950.
2. 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;
Definitions.
313 The West Bengal Municipal Elections Act, 1994.
[West Ben. Act (Chapter I.—Preliminary.—Section 3.)
(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;
(1) "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 clause (a) 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;
(s) "ward" means an administrative division of a Municipality;
(t) other expressions have the meanings respectively assigned to them in the West Bengal State Election Commission Act,
1994.
26 of 1881.
Power to delimit municipal areas into wards.
3. 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.
West Ben.
Act LIX of
1980.
West Ben.
Act LVIII of
1980.
314 The West Bengal Municipal Elections Act, 1994.
XXXIV of 1994.]
West Ben.
Act VIII of
1994.
(Chapter 1I.—Officers.—Sections 4-9.)
CHAPTER II Officers
4. 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.