Section 35 in Siliguri Municipal Corporation Act, 1990
35. Meaning of ordinarily resident.
(1)A person shall be deemed to be ordinarily resident in Siliguri if he generally resides in Siliguri for a period of not less than one hundred and eighty-five days in a period of twelve months preceding the qualifying date:Provided that-(a)a person shall not be deemed to be ordinarily resident in Siliguri on the ground only that he owns, or is in possession of, a dwelling house therein, or(b)a person, who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental diseases or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein.Explanation. - A person shall be deemed to "reside" in any dwelling house or hut which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and such person shall not be deemed to have ceased to "reside" therein merely because he is absent from it or has elsewhere another dwelling house or hut in which he resides, if there is the liberty of returning to it or if there is no abandonment of the intention of returning to it at any time.(2)If in any case a question arises as to whether a person is ordinarily resident in Siliguri at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the State Government.
