CALCUTTA MUNICIPAL (AMENDMENT) ACT, 1965

Act No. 04 of 1965

20th March, 1965

An Act to amend the Calcutta Municipal Act, 1951. Whereas it is expedient to amend the Calcutta Municipal Act, 1951 (West Ben. Act XXXIII of 1951), for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Sixteenth Year of the Republic of India, by the Legislature of West Bengal, as follows:--

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S.1 Short title

This Act may be called the Calcutta Municipal (Amendment) Act, 1965.

S.2 Amendment of section 58 of West Ben. Act XXXIII of 1951

To sub-section (2) of section 56 of the Calcutta Municipal Act, 1951 (hereinafter referred to as the said Act), the following words shall be added at the end, namely:-- "and lodged with the officer receiving nominations".

S.3 Amendment of section 57

For clause (b) of sub-section (2) of section 57 of the said Act, the following clause shall be substituted, namely:-- "(b) the candidate withdraws his candidature on or before the last date for the withdrawal of candidatures, which shall be the third day after the date fixed for the scrutiny of nominations, or".

S.4 Amendment of section 59

To section 59 of the said Act, the following Explanation shall be added, namely:-- 'Explanation.--In this section "returning officer" includes an assistant returning officer appointed to assist the returning officer.'.

S.5 Amendment of section 60

After clause (b) of sub-section (1) of section 60 of the said Act, the following clause shall be inserted, namely:-- "(bb) for the appointment, where necessary, of one or more assistant returning officers to assist a returning officer and for the powers and duties of such assistant returning officer or officers;".

S.6 Insertion of new sections 65A and 65B

After section 65 of the said Act, the following sections shall be inserted, namely:--

65A. Adjournment of poll in emergencies.

• (1) Notwithstanding anything contained in section 65, if at an election in any constituency the proceedings for the poll at any polling station appointed for such constituency are interrupted or obstructed by any riot or open violence, or if it is not possible to take the poll at such polling station on account of any natural calamity or any other sufficient cause, the presiding officer for such polling station shall announce an adjournment of the poll to a date to be notified later and shall forthwith inform the returning officer concerned.
• (2) Where a poll is adjourned under sub-section (1), the returning officer shall immediately report the circumstances to the State Government and shall, as soon as may be, with the previous approval of the State Government, appoint the day on which the poll shall recommence, and fix the poll
  

S.7 Insertion of new sections 75A to 75H

In Chapter IV of the said Act, after section 75, the following heading and sections shall be inserted, namely:--

REQUISITIONING OF PROPERTY FOR ELECTION PURPOSES

75A. Requisitioning of promises vehicles, etc., for election purposes.

• (1) If it appears to the State Government that in connection with an election under this Act,--
  • (a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
  • (b) any vehicle is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the State Government may, by order in writing, requisition such premises or such vehicle and may
    

S.8 Amendment of Schedule V

In Schedule V to the said Act, under the heading "Boundaries of ward",--

• (1) against serial 8 under the heading "No. of the ward", in the entry under the sub-heading "On the South", for the words "and Kumartuli Street", the words ", Kumartuli Street, Durga Charan Banerjee Street and G. Paul Street" shall be substituted;
• (2) against serial 9 under the heading "No. of the ward",--
  • (i) in the entry under the sub-heading "On the North", after the words "Kumartuli Street", the words ", Durga Charan Banerjee Street, G. Paul Street" shall be inserted;
  • (ii) in the entry under the sub-heading "On the South", for the words "Arabinda Sarani" the words "Shri Aurobindo Sarani" shall be substituted;
• (3) against serial 10 under the heading "No. of the ward", in the entry under the sub-heading "On the South", for the words "Arabinda Sarani", the words "Shri Aurobindo Sarani" shall be substituted:
• (4) against serial 1
  

S.9 Repeal and savings

• (1) The Calcutta Municipal (Amendment) Ordinance, 1965 (West Ben. Ord. I of 1965), is hereby repealed.
• (2) Anything done or any action taken under the said Act as amended by the Calcutta Municipal (Amendment) Ordinance, 1965, shall be deemed to have been validly done or taken under the said Act as amended by this Act as if this Act had commenced on the 2nd day of January, 1965.