West Bengal Act XXVIII of 1950 THE CALCUTTA MUNICIPAL (AMENDMENT) ACT, 1950. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 12th April, 1950.] An Act further to amend the Calcutta Municipal Act, 1923. WHEREAS it is expedient further to amend the Calcutta B Municipal Act, 1923, for the purposes and in the manner III of hereinafter appearing; 1923. It is hereby enacted as follows :- 1. (1) This Act may be called the Calcutta Municipal Short (Amendment) Act, 1950. title and oommence• (2) This section and section 26 shall be deemed to have ment. come into force on the date of the commencement of the West Ben. Corporation of Calcutta (Temporary Supersession) Act, 1948; Act VIII the rest of the Act shall come into force at once. of 1948. (3) Nothing in this Act shall affect the operation of the Corporation of Calcutta (Temporary Supersession) Act, 1948. 2. In section 5 of the Calcutta Municipal Act, 1923 Amend- ment of (hereinafter referred to as the said Act),— section 5 of Bengal (a) in clause (a), for the word "ninety-six" the word Act III "seventy-six" shall be substituted ; and of 1923. (b) in paragraph (i) of clause (a), for the word "ninety- five" the word "seventy-five" shall be substituted. 3. For section 8 of the said Act, the following section Substitu- shall be substituted, namely : — tion of new section for "8. The seventy-five Councillors referred to in clause (a) section 8. of section 5 shall be elected Constituencies. by the constituencies speci- fied in Schedule III, each constituency electing one Councillor.". 4. Sections 8A and 8B of the said Act shall be omitted. Omission of sections 8A and 8B. 5. In section 10 of the said Act,— Amend- ment of (a) to sub-section (1), the following proviso shall be section 10. added, namely : — "Provided that the Mayor and Deputy Mayor elected at the first meeting of the Corporation held under section 59 after the first general election of Councillors subsequent to the commencement of the Calcutta Municipal (Amendment) Act, 1950, shall hold office until the first meeting in the second year following the year of the said 2 The Calcutta Municipal (Amendment) Act, 1950. [West Ben. Act (Section 6.) first general election, and there shall be no elec- tion of Mayor and Deputy Mayor at the first meeting in the year next following the year of the said first general election." ; and (b) in sub-section (2), for the word "appointed" occurring in two places, the word "elected" shall be substituted. Amend- 6. In section 20 of the said Act,— ment of -- section 20. (a) for sub-section (1) the following sub-section shall be substituted, namely :— r--rtEr "(1) Subject to the provisions of the Bengal (Aliens) Ben. tat Disqualification Act, 1918, every person who owns, occupies or resides in any premises or exercises any profession, trade or calling within a constituency specified in Schedule III, shall be qualified as an elector of that constituency if such person— (a) having been liable to pay any consolidated rate, tax or license fee to the Corporation under this Act, has paid to the Corporation any sum as such rate, tax or license fee during and in respect of the year or any portion of the year last preceding the year in which the election is held ; or (b) being or having been the occupier of any premises valued for assessment purposes under this Act or of any portion of such premises has at any time during the year last preced- ing the year in which the election is held, paid rent for such occupancy for at least six months during the said year at a rate not less than rupees four per month in the case of the premises being a hut in a bustee or at a rate not less than eight rupees per month in the case of the premises not being a hut in a bustee; or (c) has been for not less than six consecutive months during the year last preceding the year in which the election is held, the owner of a hut in a bustee which has been valued for assess- ment purposes under this Act and on account of which any sum has been paid during the said year in respect of consolidated rat; or (d) has passed the Matriculation examination of any University in India constituted by an Act of a Legislature or an examination which the State Government may prescribe by rules as at least equivalent to such examination and hap ordinarily and actually resided in Calcutta during the greater part of the year last preceding the year in which the election is held ;" ; The Calcutta Municipal (Amendment) Act, 1950. 3 XXVIII of 1950.] (Sections 7-9.) (b) in sub-section (2),— (i) for the words "any other law on the subject for the time being in force", the words, brackets Ben. Act and figures "the Bengal (Aliens) Disqualifica- III of 1918. tion Act, 1918" shall be substituted, and (ii) the brackets and letters "(aa)" shall be omitted; and (c) sub-sections (3) and (4) shall be omitted. 7, In section 22 of the said Act,— Amend- ment of (a) in sub-section (1),— section 22.. (i) the words and figures "or appointment under section 36" shall be omitted, (ii) in clause (b) for the word "twenty-one" the word "thirty" shall be substituted, and (iii) after clause (f) the following clause shall be inserted, namely :— "(lf) fails to pay any arrears of any kind due by him otherwise than as a trustee, to the Corporation within three months after a special notice in this behalf has been served upon him; or" ; (b) in sub-section (2), the words and figures "or appoint- ment under section 36" shall be omitted; and (c) in sub-section (3), the words and figures "or appoint- ment under section 36" shall be omitted. 8. For section 23 of the said Act, the following section substitu- shall be substituted, namely :— tion of new section for "23. No person shall be eligible for election as a section 23. Councillor to represent a Qualification for election as Councillor. constituency specified in Schedule III unless— (a) his name is duly registered on the electoral roll of that constituency; or (b) (i) he owns any premises or exercises any trade or calling within that constituency or is a resident of that constituency, and (ii) his name is duly registered on the electoral roll of some other constituency.". 9. In section 24 of the said Act,— Amend- ment of (a) before sub-section (1) the following sub-section section 24. shall be inserted, namely :— "(al) No person having the qualifications specified in clause (b) or clause (d) of sub-section (1) of section 20 shall be entitled to have his name registered on the electoral roll of any consti- tuency unless he makes an application to the 4 The Calcutta Municipal (Amendment) Act, 1950. [West Ben. Aot (Sections 10-12.) authority referred to in clause (a) of sub-section (2) of section 25 for such registration in such manner and within such time as the State Government may prescribe by rules." ; (b) in sub-section (1),— (i) for the words "Every person shall" the words, braCkets, letter and figure "Subject to the provi- sions of sub-section (al), every person shall" shall be substituted, and (ii) in the proviso, for the words, brackets, letters and figures beginning with the words "but for the provision" and ending with the words "qualified for election", the words, brackets, letters and figures "such lunatic or minor has the qualifica- tions specified in clause (a) or (b) or (c) of sub- section (1) of section 20" shall be substituted; (c) in sub-section (2) after the words "one of its members", the words "who is not under twenty- one years of age" shall be inserted; and (d) in sub-section (3),— (i) for the words "A person shall be entitled to have his name registered only once", the following words shall be substituted, namely:— "No person shall be entitled to have his name registered on the electoral roll of more than one constituency or more than once", and (ii) in the proviso, the word "same" shall be omitted. Amend- 10. In section 25 of the said Act,— ment of section 25„ (a) in sub-section (2),— (i) after clause (b) the following clause shall be inserted, namely :— "(bb) the manner in which and the time within which applications referred to in sub-sec- tion (al) of section 24 shall be made", and (ii) the words "Such rules may be made as to rolls generally or any class of rolls or any particular roll" shall be omitted; and (b) in sub-section (3) after the word "prescribe", the words "by rules" shall be added. Amend- 11. In section 26 of the said Act, the words "or Coun- ment of cillors" shall be omitted. section 26. Substitu- 12. For section 28 of the said Act, the following section tion of new shall be substituted, namely :— section for section 28. "28. If in a constituency there is only one duly nomi- nated candidate who has not with- Uncontested election, drawn his candidature, he shall be declared to be duly elected.". The Calcutta Municipal (Amendment) Act, 1950. 5 XXVIII of 1950.] (Sections 13-16.) 13. In section 29 of the said Act,— Amend- ment of (a) in sub-section (1), for the words and figures "In any section 29.