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State of West Bengal - Section

Section 6 in The West Bengal State Election Commission Act, 1994.

6. Appointment of officers for preparation of electoral rolls for, and conduct of, elections to Panchayats and Municipalities.

(1)For the purpose of preparation of electoral rolls for, and conduct of, elections to the Panchayats and the Municipalities, the State Election Commissioner shall, in consultation with State Government, appoint such officers of the State Government to be the-
(a)District Municipal Election Officer for every district,
(b)District Panchayat Election Officer for every district,
(c)Municipal Electoral Registration Officer for one or more Municipalities,
(d)Panchayat Electoral Registration Officer for one or more Blocks,
(e)[ Municipal Returning Officer for one or more constituencies of one or more Municipalities,] [[Clause (e) substituted by W. B. Act 47 of 1994, which was earlier as under:-
'(e) Municipal Returning Officer for one or more Municipalities, and.'.]]
(f)Panchayat Returning Officer for one or more Panchayat,
as he thinks fit, who shall exercise such powers and perform such functions [as provided in West Bengal Municipal Elections Act, 1994, and the rules made thereunder] [Words and figure substituted for the words 'as may be prescribed:' by W.B. Act 47 of 1994.], [or the West Bengal Panchayat Elections Act, 2003,] [Words and figures substituted for the words and figures 'or the West Bengal Panchayat Act, 1973,' by W.B. Act 7 of 2004.] and the rules made thereunder, as the case may be:Provided that if the territorial jurisdiction of a Municipality is spread over the administrative jurisdiction of two or more districts, the State Election Commissioner may appoint one District Municipal Election Officer for the purpose of preparation of electoral rolls for, and conduct of, elections to that Municipality.
(2)Subject to the direction and control of the State Election Commissioner, the District Municipal Election Officer shall appoint such number of officers of the State Government to be the -
(a)Assistant Municipal Electoral Registration Officer, and
(b)Assistant Municipal Returning Officer.
as may be necessary, and such Assistant Municipal Electoral Registration Officer and Assistant Municipal Returning Officer shall exercise such powers and perform such functions [as provided in the West Bengal Municipal Elections Act, 1994, and the rules made thereunder.] [Words and figures substituted for the words 'as may be prescribed.' by W.B. Act 47 of 1994.]
(3)Subject to the direction and control of the State Election Commissioner, the District Panchayat Election Officer shall appoint such number of officers of the State Government to be the -
(a)Assistant Panchayat Electoral Registration Officer, and
(b)Assistant Panchayat Returning Officer,
as may, be necessary, and such Assistant Panchayat Electoral Registration Officer and Assistant Panchayat Returning Officer shall exercise such powers and perform such functions [ [(as provided in the West Bengal Panchayat Elections Act, 2003,)] [Words and figures substituted for the words 'as may be prescribed.' by W.B. Act 47 of 1994.] and rules made thereunder.]
(4)[Subject to the provisions of the West Bengal Municipal Elections Act, 1994, and the rules made thereunder,] [Words and figures substituted for the words 'Subject to such rules as may be made by the State Government in this behalf,' by W.B. Act 47 of 1994.] the Municipal Returning Officer shall appoint such number of persons to be the -
(a)Presiding Officer, and
(b)Polling Officer,
as may be necessary for holding elections or bye-elections to a Municipality:Provided that no person, who has been employed by or on behalf of, or has otherwise been working for, a candidate in or about the election or bye-election to a Municipality, shall be appointed to be the Presiding Officer or Polling Officer for holding such election or bye-election, as the case may be.
(5)[ [(Subject to the provisions of the West Bengal Panchayat Elections Act, 2003,)] [Words and figures substituted for the words 'Subject to such rules as may be made by the State Government in this behalf,' by W.B. Act 47 of 1994.] and the rules made thereunder,] the Panchayat Returning Officer shall appoint such number of persons to be the -
(a)Presiding Officer, and
(b)Polling Officer,
as may be necessary for holding elections or bye-elections to a Panchayat:Provided that no person, who has been employed by or on behalf of, or has otherwise been working for, a candidate in or about the election or bye-election to a Panchayat, shall be appointed to be the Presiding Officer or Polling Officer for holding such election or bye-election, as the case may be.