The West Bengal Legislature ( Prohibition Of Simultaneous Membership ) Act, 1952

West Bengal Act VII of 1952 
West Ben. 
Ord. IV of 
1952. 
THE WEST BENGAL LEGISLATURE (PROHIBITION 
OF SIMULTANEOUS MEMBERSHIP) ACT, 1952. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 22nd July, 1962.] 
An Act to provide fur the vacation by a person who is chosen a 
member of both the West Bengal Legislative Assembly 
and the West Bengal Legislative Council of his seat in 
one House or the other. 
WHEREAS it is necessary to provide, in accordance with 
article 190 of the Constitution of Indio-, for the vacation by 
a person who is chosen a member of both the West Bengal 
Legislative Assembly and the West Bengal Legislative 
Council of his seat in one House or the other; 
It is hereby enacted as follows :- 
1. (1) This Act may be called the West Bengal Legis-
lature (Prohibition of Simultaneous Membership) Act, 1952. 
(2) It shall come into force immediately on the West 
Bengal Legislature (Prohibition of Simultaneous Member-
ship) Ordinance, 1952, ceasing to operate. 
Short title 
and com-
mence-
ment. 
2. (1) Any person who is chosen a member of both the 
Houses of the West Bengal Legislature, and who has not 
taken a seat in any of the Houses, may, by notice in writing 
signed by him and delivered to the Secretaries of both the 
Houses, or to any person authorised by the Governor in this 
behalf, within ten days from the date of publication in the 
Official Gazette of the declarations that he has been so 
chosen or, if such publications have been made on different 
dates, within ten days from the later of such dates, as the 
case may be, intimate in which of the Houses he wishes to 
serve, and any choice so intimated shall be conclusive and 
his seat -in the House in which he does not wish to serve 
shall thereupon become vacant. In default of such intima-
tion. the seat of such person in the West Bengal Legislative 
Assembly shall become vacant. 
(2) If a person who is already a member of the West 
Bengal Legislative Assembly and has taken his seat in such 
Assembly is chosen a member of the West Bengal Legislative 
Council, his seat in the Assembly shall, on the publication 
in the Offi,cial Gazette of the declaration that he has been so 
chosen, become vacant. 
Price—Indian, anna 1 ; English, 2d. 
Prohibi-
tion of 
simul-
taneous 
member-
ship. 
2 The West Bengal Legislature (Prohibition of Simultaneous 
Membership) Act, 1952. 
Savings. 
[West Ben. Act VII of 1952.] 
(Section 3.) 
(3) If a person who is already a member of the West 
Bengal Legislative Council and has taken his seat in such 
Council is chosen a member of the West Bengal Legislative 
Assembly, his seat in the Council shall, on the publication 
in the Official Gazette of the declaration that he has been so 
chosen, become vacant. 
3. On the West Bengal Legislature (Prohibition of 
Simultaneous Membership) Ordinance, 1952, ceasing to 
operate, section 8 of the Bengal General Clauses Act, 1899, 
shall apply as if the said Ordinance were an enactment then 
repealed by a West Bengal Act. 
West Ben. —, Ord. IV of 
1962. 
Ben. Act 1 
of 1899. 
WBGP-5213-6242A-5M 

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