West Bengal State Election Commission Act, 1994
No: 7 Dated: Mar, 22 1994
THE WEST BENGAL STATE ELECTION COMMISSION ACT, 1994
West Bengal Act VIII of 1994
An Act to provide for matters relating to the constitution of a State Election Commission for the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats and the Municipalities;
Whereas it is expedient to provide for matters relating to the constitution of a State Election Commission for the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats and the Municipalities:
It is hereby enacted as follows :-
1. Short title and commencement. - (1) This Act may be called the West Bengal State Election Commission Act, 1994.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Commission" means the West Bengal State Election Commission referred to in sub-section (1) of section 3;
(b) "constituency" means an area declared as such under any law for the time being in force for the purpose of election of members, not exceeding two, from that area to a Panchayat or Municipality;
(c) "constitution" means the Constitution of India;
(d) "District Municipal Election Officer" means the officer appointed as such under sub-section (1) of section 6;
(e) "District Panchayat Election Officer" means the officer appointed as such under sub-section (1) of section 6;
(f) "Governor" means the Governor, appointed as such under Article 155, read with Article 153, of the Constitution, for the State of West Bengal;
(g) "Municipality" has the same meaning as in clause (e) of Article 243P of the Constitution;
(h) "Municipal Electoral Registration Officer" means the officer appointed as such under sub-section (1) of section 6;
(i) "Municipal Returning Officer" means the officer appointed as such under sub-section (1) of section 6;
(j) "notification" means a notification published in the Official Gazette;
(k) "Panchayat" has the same meaning as in clause (e) of Article 213 of the Constitution;
(l) "Panchayat Electoral Registration Officer" means the officer appointed as such under sub-section (1) of section 6;
(m) "Panchayat Returning Officer" means the officer appointed as such under sub-section (1) of section 6;
(n) "prescribed" means prescribed by rules made under this Act;
(o) "State Election Commissioner" means the State Election Commissioner referred to in sub-section (1) of section 3;
(p) words and expressions used in this Act and not otherwise defined shall have the meanings respectively assigned to them in-
(i) the Bengal Municipal Act, 1932,
(ii) the Chandernagore Municipal Act, 1955,
(iii) the West Bengal Panchayat Act, 1973,
(iv) the Howrah Municipal Corporation Act, 1980,
(v) the Kolkata Municipal Corporation Act, 1980,
(vi) the Siliguri Municipal Corporation Act, 1990
(vii) the Asansol Municipal Corporation Act, 1990, or
(viii) the Chandernagore Municipal Corporation Act, 1990.
3. State Election Commission. - (1) With effect from such date as the State Government may by notification, appoint, there shall be a Commission, to be called the West Bengal State Election Commission, consisting of a State Election Commissioner appointed by the Governor under clause (1) of Article 243K of the Constitution.
(2) If -
(a) the State Election Commissioner is, by reason of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or
(b) a vacancy occurs in the office of the State Election Commissioner by reason of death, resignation or expiry of the term of his office, removal or otherwise,
then, the Governor shall, by notification, designate an officer of the State Government who shall act as the State Election Commissioner during the period of such temporary inability or pending the appointment of a State Election Commissioner, as the case may be.
(3) The functions of the Commission may, subject to such general or special directions, if any, as may be given by the Commission in this behalf, be performed also by such officers of the Commission as the State Election Commissioner may, by order, specify.