| Repealed in Part |
|
Act XXXVIII of 1920. |
| Amended |
|
West Ben. Act II of 1951. |
| Adapted |
|
(a) The Government of India (Adaptation of Indian Laws) Order, 1937. (b) The Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. (c) The Adaptation of Laws Order, 1950. |
An Act to disqualify certain persons from voting at elections of or being elected or appointed as members of, or holding office in, local bodies in Bengal.
Whereas it is expedient to disqualify certain persons from voting at elections of, or being elected or appointed as Commissioners of the Corporation of Calcutta or of any other Municipality in Bengal, or as members of District or Local Boards or of Union Committees therein, and also to disqualify from holding office in any such body;
It is hereby enacted as follows:
6[* * *]
Notwithstanding anything contained in the Calcutta Municipal Act, 18997, Ben. Act III of 1899. the Bengal Municipal Act, 18848, Ben. Act III of 1884. and the Bengal Local Self-Government Act of 1885, Ben. Act III of 1885 or in any rule or by-law made under any of the said Acts, no person who is not a 9[citizen of India] shall be qualified to vote at the election of, or to be a candidate for election as a Commissioner of the Corporation of Calcutta or of any other Municipality in 10[West Bengal], or as a member of any District or Local Board or Union Committee therein or to hold the office of Chairman, Deputy Chairman or Vice-Chairman of any such body under the Calcutta Municipal Act, 18997, the Bengal Municipal Act, 18848. or the Bengal Local Self-Government Act of 1885, nor shall such person be appointed to be a Commissioneror a member or to hold any such office under any of the said Acts; and
if, on the date when this Act comes into force, any such person is holding any such office or is a Commissioner of the Corporation of Calcutta or of any other Municipality in 10[West Bengal] or a member of any District or Local Board or Union Committee therein under any of the said Acts, he shall notwithstanding anything contained in those Acts, be deemed to have vacated his office orseat from such date, and such vacancy shall be filled up in the same manner as if it were caused by resignation duly accepted:
Provided that the 11[State Govern ment] may, 12[* * *] by notification in the 13[Official Gazette], exempt from the provisions of this section, with effect from the commencement of this Act or from such date as may be specified in the notification, any person or class of persons who are not 9[citizens of India].
1 Far Statement of Objects and Reasons, see the Calcutta Gazette, of 1918, Pt. IV, page 2: and for Proceedings in Council, see ibid. Pt. IVA, pages 196 and 197, and 289-291.
2 The 1st April, 1918, see notification No. 527M., dated the 21st March, 1918, published in the Calcutta Gazette of 1918, Pt. IB, page 217.
3 The words Provincial Government were originally substituted for the words Local Government by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937. And thereafter the word State was substituted for the word Provincial by paragraph 4(1) of the Adaptation or Laws Order, 1950.
4 These words were substituted for the words Calcutta Gazette by para. 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937.
5 These words were substituted for the word Bengal by paragraph (2) of Article 3 of the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.
6 Omitted by para. 3 and Sch. IV to the Government of India (Adaptation of Indian Laws) Order, 1937.
7 The Calcutta Municipal Act, 1899, was repealed and re-enacted by the Calcutta Municipal Acl. 1923 (Ben. Act III of 1923), which Act was again repealed and re-enncled by the Calcutta Municipal Act, 1951 (West Ben, Acl XXXIII of 1951).
8 The Bengal Municipal Acl, 1884 (Ben. Act III of 1884) was repealed and re-enacted by the Bengal Municipal Act, 1932 (Ben. Act XV of 1932).
9 The words citizen of India and citizens of India were substituted for the words British subject or a subject of an Acceding State and British subjects or subjects of an Acceding State by s. 2(a) and s. 2(b), respectively, of the Bengal (Aliens) Disqualification (West Bengal Amendment) Act, 1951 (West Ben. Acl II of 1951). The words an Acceding State were originally substituted for the words any State in India by paragraph (1) of and the Schedule to. the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.
10 See foot-note 5 on page 519. ante.
11 See foot-note 3 on page 519, ante.
12 Thc words with the approval of the Governor General in Council were omitted by the Devolution Acl, 1920 (XXXVIII of 1920).
13 See foot-note 4 on page 519, ante.