BENGAL (ALIENS) DISQUALIFICATION ACT, 1918
3 of 1918
March 20, 1918
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. Preamble. 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 :
Section 1 Short title, commencement and local extent
(1) This Act may be called the Bengal (Aliens) Disqualification Act, 1918.
(2) It shall come into force on such dates as the 11. Words subst, by the Government of India (Adaptation of Indian Laws) Order. 1937 and the Adaptation of Laws Order. 1950. respectively. [State Government] may direct by notification in the 22. Words subst. by the Government of India (Adaptation of Indian Laws) Order. 1937. [Official Gazette].
(3) It extends to the whole of 33. Words subst. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [West Bengal).
Section 2 Definition
Omitted by para 3 and Sch. IV to the Government of India (Adaptation of Indian Laws) Order, 1937
Section 3 Persons disqualified from voting at elections of, or being members of, or holding office in, local bodies
Notwithstanding anything contained in the Calcutta Municipal Act, 1899, the Bengal Municipal Act, 1884, and the Bengal Local Self-Government Act of 1885, or in any rule or by-law made under any of the said Acts, no person who is not a 44. Words subst. by W.B. Act 2 of 1951 and the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948, respectively. [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 33. Words subst. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [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, 1899, the Bengal Municipal Act, 1884, or the Bengal Local Self-Government Act of 1885, nor shall such person be appointed to be a Commissioner or 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 33. Words subst. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [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 or seat 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 55. Words subst. by the Government of India (Adaptation of Indian Laws) Order. 1937 and the Adaptation of Laws Order. 1950, respectively. [State Government] may, 66. Words omitted by Act 38 of 1920. * * * by notification in the 77. Words subst. by the Government of India (Adaptation of Indian Laws) Order, 1937. [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 44. Words subst. by W.B. Act 2 of 1951 and the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948, respectively. [citizens of India]