The West Bengal Local Authorities ( Postponement Of Elections ) Act, 1963

West Ben. 
Act I of 
1957. 
GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XIX of 1963 
THE WEST BENGAL LOCAL AUTHORITIES 
(POSTPONEMENT OF ELECTIONS) ACT, 1963. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, EVraordinary, of the 3rd May, 1963.] 
[3rd May, 1963.] 
An Act to provide for the postponement of election . of 'members of local authorities in West- 	 Bengal &may the period of emergency. 
WHEREAS the President has by Proclamation under clause (1) of article 352 of the. Constitution of India declared 
that a grave emergency exists whereby the security of India 
is threatened by external aggression; 
AND WHEREAS it is necessary to provide for the postpone-
ment of election of members of local authorities in West 
Bengal during the period of emergency in order to facilitate 
measures for civil defence and other efforts for the defence 
of India and matters connected therewith; 
It is hereby enacted in the Fourteenth Year of the 
Republic of India, by the Legislature of West Bengal, as follows :— 
1. (1) This Act may be called the West Bengal Local Short Authorities (Postponement of Elections)` Act, 1963. 	 title 
and (2) It extends to the whole of West Bengal. 	 eaten t. 
2. In this Act unless there is anything repugnant in the Defini, subject or context,— 	 Corm 
(a) "election" means a general election or bye-election 
of members of a local authority; 
(1)) "local authority" does not include the Board of 
Trustees for the Improvement of Calcutta or the 
Board of Trustees for the Improvement of Howrah, 
but includes a N yay a Panchayat constituted 
under section 70 of the West Bengal Panchraya0 Act, 1957; 
Price—Indian, 12nP.; English, 3d. 
2 The West Bengal Local Authorities (Postponement of 
Elections) Act, 1963. 
(West Ben. Act XIX of 19834 
Power to 
fix date of 
election 
after 
emer-
gency. 
(Sections 3-5.) 
(c) "member" means a member, by whatever name 
called, of a local authority ; 
(d) "period of emergency" means the period of operation 
of the Proclamation under clause (1) of article. 352 
of the Constitution of India, issued by the 
President on the 26th day of October, 1962. 
3. The provisions of this Act shall have effect notwith-
standing anything to the contrary contained in any other 
law. 
4. Save in so far as the State Government may by 
notification in the Official Gazette otherwise direct,— 
(a) no election shall be held during the period of 
emergency ; 
(b) any thing done or any action taken before the com-
mencement of this Act in connection with any 
general election or bye-election which has not 
been completed at such commencement shall 
stand cancelled and shall be deemed never to have 
been done or taken; 
(c) any order of supersession of any local authority made 
in pursuance of any law and in force at the com-
mencement of the period of emergency, or coming 
into force during such period, shall continue in 
force until the local authority is reconstituted 
according to law ; 
(d) the term of office of a member of a local authority 
holding office at or after the commencement of the 
period of emergency shall extend up to the date 
of the first meeting, at which a quorum is present, 
of the newly formed body after such local authority 
is reconstituted according to law. 
5. On the expiry of the period of emergency, the State 
Government may fix a date for holding a general election 
or a bye-election, as the case may be, and such date shall 
be deemed to have been fixed by the appropriate, authority 
under the appropriate law and different dates may be fixed 
for different local authorities. 
Act to 
override 
other 
laws. 
Postpone-
ment of 
election 
and 
extension 
of term 
of office 
of members 
of local 
authori-
ties. 
WBGP-64/5.2450A-189Z-5M 

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