(1) Any person whose name is not included in the electoral roll Inclusion of names in of a Municipality may apply to the Municipal Electoral Registration electoral Officer for the inclusion of his name in the electoral roll. rolls.
(2) The Municipal Electoral Registration Officer shall, if he is satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein:
Provided that if the applicant is registered in the electoral roll of any other Municipality or Panchayat, the Municipal Electoral Registration Officer shall inform the Municipal Electoral Registration Officer of that other Municipality or the Panchayat Electoral Registration Officer of that Panchayat to that effect and the Municipal Electoral Registration Officer of that other Municipality or the Panchayat Electoral Registration Officer of that Panchayat, as the case may be, shall, on receipt of the information, strike off the applicant's name from that electoral roll.
(3) No amendment, transposition or deletion of any entry shall be made under section 21 and no direction for the inclusion of a name in the electoral roll of a Municipality shall be given under this section after the last date for making nominations for an election in that Municipality and before the completion of such election.
23. An appeal shall lie within such time and in such manner as Appeal.
may be prescribed to the DistriCt Municipal Election Officer from any order of the Municipal Electoral Registration Officer under section 21 or section 22.
24. Every application under section 21 or section 22 and every appeal under section 23 shall be accompanied by the prescribed fee which shall, in no case, be refunded.
Fee for applications and appeals.
319 The West Bengal Municipal Elections Act, 1994.
[West Ben. Act (Chapter 1V—General.—Sections 25-27.)
CHAPTER IV General Power to 25. (1) The State Government may, affter consultation with the make rules. Commission, by notification, make rules for carrying out the purpose of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the particulars to be entered in the electoral roll;
(b) the preliminary publication of electoral rolls;
(c) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;
(d) the manner in which notices of claims or objections shall be published;
(e) the place, date and time at which claims or objections shall be heard and disposed of;
(f) the final publication of electoral rolls;
(g) the revision and correction of electoral rolls and inclusion of names therein;
(h) any other matter required to be prescribed by this Act.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or the State Legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Staff of local authorities.
Making false declarations.
26. Every local authority in the State shall, when so required by the Commission, make available to any Municipal Electoral Registration Officer such staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral rolls.
27. If any person makes, in connection with—
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion or exclusion of any entry in or from an electoral roll, 320 The West Bengal Municipal Elections Act, 1994.
XXXIV of 1994.]
(Chapter 1V—General.—Section 28.—Chapter V.— Elections.—Section 29.)
a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
28. ( I ) If any Municipal Electoral Registration Officer, Assistant Municipal Electoral Registration Officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or inclusion or exclusion of any entry in or from such electoral roll is, without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or ommission as aforesaid.
(3) No court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by an order of, or under the authority from, the Commission.
CHAPTER V Elections