Regd. No. WB/SC-320 No.WB/CPS/Raj-10 (Part 111)/2006 Tbt Rotkata Iwzafarmic Extraordinary Published by Authority SRAVANA 31] TUESDAY, AUGUST 22, 2006 [SARA 1928
PART III—Acts of the West Bengal Legislature GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. I 052-L.-22nd August, 2006.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information :— West Bengal Act XXI of 2006 THE WEST BENGAL MUNICIPAL ELECTIONS (AMENDMENT) ACT, 2006. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 22nd August, 2006.] 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 Fifty-seventh 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, 2006.
(2) This section shall come into force at once, and the remaining sections shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different sections of this Act.
2. In section 29 of the West Bengal Municipal Elections Act, 1994 (hereinafter referred to as the principal Act), for sub-section (4), the following sub-section shall be substituted:— "(4) The office of the Chairperson of a Municipality shall be reserved for a woman candidate for the first term if at least fifty per cent of the total number of elected members are women. The office of the Chairperson of a Municipality shall be reserved for a Scheduled Caste candidate for the second term if at least fifty per cent of the elected members belong to the Scheduled Castes and the Scheduled Tribes of which at least twenty-five per cent of the elected members belong to the Scheduled Castes. The office of the Chairperson of a Municipality shall be reserved for a Scheduled Tribe candidate for the third term where at least fifty per cent of the elected members belong to the Scheduled Castes and the Scheduled Tribes of which at least twentyfive per cent of the elected members belong to the Scheduled Tribes. 24 West Ben. Act XXXIV of 1994. Short title and comma cement. Amendment of section 29 of West Ben. Act XXXIV of 1994. air. _IL pet 25] THE KOLKATA GAZE I I L, EXTRAORDINARY, AUGUST 22, 2006 PART[ III Amendment of scction 30. Amendment of section 37. Substitution of new section for section 58. Insertion of new section 70A after section 70. - The West Bengal Municipal Elections (Amendment) Act, 2006. (Sections 3-6.)
Note.—The word 'term' used in this sub-section, shall mean the term as may be determined by the Commission.".
3. In section 30 of the principal Act, in sub-section (I), in clause (h), after the words "or appointed", the words "as a member" shall be inserted.
4. In section37 ofthe principal Act, in clause (d) for the words "twentyfifth day", the words "fourteenth day" shall be substituted.
5. For section 58 of the principal Act, the following section shall be substituted:— "Procedure in 58. (1) If the number of contesting candidate is more contested and nstituency, a poll shall be taken. uncontested election. than one in a CO
(2) If the number of the candidate in a constituency is only one, the Municipal Returning Officer shall forthwith declare such candidate to be duly elected to fill up the seat.
(3) Where the constituency has failed to elect a person to fill the vacancy, the Commission shall not be bound to call upon the constituency to elect a person until it is satisfied that if called upon, there will be no such failure on the part of the constituency.".
6. After section 70 of the principal Act, the following section shall be insertedt,—
70A. If any person is elected in more than one constituency in an election, he shall, within sixty days from the date of the first meeting of the Board of Councillors, after a municipal general election, resign from the constituency excepting one constituency which he shall represent in the Municipality. On his failing to do so within the stipulated time, the Commission, in consultation with the State Government, declare the constituency, excepting one constituency which he shall represent in the Municipality, vacant:
Provided that in case of a municipal by-election, if any person is elected from more than one constituency, such person shall have to resign from constituency, excepting one constituency which he shall represent in the Municipality, within one month from the date of declaration of result. On his failing to do so within the stipulated time, the Commission, in consultation with the State Government, declare the constituency, excepting one constituency which he shall represent in the Municipality, vacant.". "Responsibility of the Councillor elected from more than one constituency. By order of the Governor, S. K. CHAKRABARTI, Secy. to the Govt. of West Bengal. Law Department. Published by the Controller ofPrithing & Stationay, WestBengal and printed byAssth SupdLat"Secretaty to the Governor's Pitss, Raj Bhavam KOUT. min • *so tn_4 • .4. Page 1 Page 2