West Bengal Local Authorities (Postponement of Elections) Repealing Act, 1963
No: 19 Dated: May, 03 1963
THE WEST BENGAL LOCAL AUTHORITIES (POSTPONEMENT OF ELECTIONS) ACT, 1963
West Bengal Act XIX of 1963
An Act to provide for the postponement of election . of 'members of local authorities in - West Bengal &may the period of emergency.
WHEREAS the President has by Proclamation under clause (1) of article 352 of the. Constitution of India declared that a grave emergency exists whereby the security of India is threatened by external aggression;
AND WHEREAS it is necessary to provide for the postponement of election of members of local authorities in West Bengal during the period of emergency in order to facilitate measures for civil defence and other efforts for the defence of India and matters connected therewith;
It is hereby enacted in the Fourteenth Year of the Republic of India, by the Legislature of West Bengal, as follows :—
1. Short title, extent:- (1) This Act may be called the West Bengal Local Authorities (Postponement of Elections) Act, 1963.
(2) It extends to the whole of West Bengal.
2. Definitions:- In this Act unless there is anything repugnant in the subject or context,—
(a) "election" means a general election or bye-election of members of a local authority;
(b) "local authority" does not include the Board of Trustees for the Improvement of Calcutta or the Board of Trustees for the Improvement of Howrah, but includes a Nyaya Panchayat constituted under section 70 of the West Bengal Panchrayat Act, 1957;
(c) "member" means a member, by whatever name called, of a local authority ;
(d) "period of emergency" means the period of operation of the Proclamation under clause (1) of article. 352 of the Constitution of India, issued by the President on the 26th day of October, 1962.
3. Act to override other laws:- The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law.
4. Postponement of election and extension of term of office of members of local authorities:- Save in so far as the State Government may by notification in the Official Gazette otherwise direct,—
(a) no election shall be held during the period of emergency ;
(b) any thing done or any action taken before the commencement of this Act in connection with any general election or bye-election which has not been completed at such commencement shall stand cancelled and shall be deemed never to have been done or taken;
(c) any order of supersession of any local authority made in pursuance of any law and in force at the commencement of the period of emergency, or coming into force during such period, shall continue in force until the local authority is reconstituted according to law ;
(d) the term of office of a member of a local authority holding office at or after the commencement of the period of emergency shall extend up to the date of the first meeting, at which a quorum is present, of the newly formed body after such local authority is reconstituted according to law.
5. Power to fix date of election after emergency:- On the expiry of the period of emergency, the State Government may fix a date for holding a general election or a bye-election, as the case may be, and such date shall be deemed to have been fixed by the appropriate, authority under the appropriate law and different dates may be fixed for different local authorities.