GOVERNMENT OF WEST BENGAL
No. 554-Edn.(P)/10R-1/81 Date: 15th September, 1982.
In exercise of power conferred by sub-section (1), and, in particular, by clause (a) of sub-section (2) of section 106 of the West Bengal Primary Education Act, 1973 (West Ben. Act XLIII of 1973) and in supersession of this department notification No. 1100-Edn (P), dated the 21st October 1975, the Governor is pleased hereby to make, after previous publication as required by sub-section (1) of the said section, the following rules:-
1. Short title.
These rules may be called, the West Bengal Board of Primary Education (Constitution of Electorate, Preparation and Publication of Electoral Roll) Rules, 1981.
In these rules, unless the context otherwise requires,-
(a) “the Act” means the West Bengal Primary Education Act, 1973 (West Ben. Act XLIII of 1973);
(b) “Calcutta” means Calcutta as defined in the Calcutta Municipal Act, 1951 (West Ben. Act. XXXIII of 1951);
(c) “form” means a form appended to these rules;
(d) “Registering Authority” means such person as the State Government may appoint to perform all or any of the duties of the Registering Authority under these rules; and
(e) “section” means a section of the Act.
3. Constitution of electorate.
The electorate for election of members of the Board-
(i) under clause (c) of section 4, shall cosist of the teachers of Junior Basic Training Institutions;
(ii) under clause (d) of section 4, shall consist of the members of Primary School Councils, who are representatives of primary school teachers in the Primary School Council of the concerned Division;
(iii) under clause (e) of section 4, shall consist of the members of the Calcutta Primary School Council who are representatives of primary school teachers in the Calcutta Primary School Council;
(iv) under clause (f) of section 4, shall consist of the Councillors of the Calcutta Corporation;
(v) under clause (g) of section 4, shall consist of the Commissioners of municipalities of the concerned Division;
(vi) under clause (h) of section 4, shall consist of the members of the Zilla Parishads of the concerned Division;
(vii) under clause (i) of section 4, shall consist of the members of the West Bengal Legislative Assembly.
4. Electoral roll.
The names of all persons constituting the electorates under clauses (i) to (vii) of rule 3, shall be included in the respective electoral roll.
5. Preparation of electoral roll.
(1) The electoral roll shall be prepared by the Registering Authority in such form and in such language or languages as the State Government may direct.
(2) (i) The electoral roll shall be prepared in separate two parts, one part being, allotted to each district including Calcutta as a district:
Provided that the part for each district shall be divided into as many sections as are required under clauses (i) to (vi) of rule 3:
Provided further that the electoral roll under clause (vii) of rule 3 shall not be divided into parts;
(ii) the names in each part shall be arranged alphabetically and numbered consecutively;
(iii) the parts referred to in clauses (i) and (ii) shall be prepared with reference to a particular date to be fixed by the State Government in this behalf and shall contain the names of such persons only as are, on that date, eligible under these rules for being included therein.
6. Employment of agents by the Registering Authority.
For the purpose of preparing the electoral roll, the Registering Authority may employ such agents as he thinks fit.
7. Publication of draft electoral roll.
The draft electoral roll shall be published by the Registering Authority in the following manner, namely:-
(a) the part of the electoral roll for each district including Calcutta shall be published at the office of the District Inspector of Schools (Primary Education) of that district;
(b) a copy of the complete electoral roll shall be published at the office of the-
(1) Registering Authority.
(2) Returning Officer.
Explanation.- In this rule “Returning Officer” means the Director of Primary Education, West Bengal, and includes any person for the time being performing the duties of the Director of Primary Education.
8. Notice inviting claims and objections.
(1) A notice in Form I shall be published along with each part of the draft electoral roll or the complete draft electoral roll, as the case may be, published under rule 7, specifying the Registering Authority to whom and the period referred to in sub-rule (1) of rule 9 within which, claims for inclusion of name in the electoral roll or objections to the inclusion of any name or other entry therein, are to be preferred.
(2) All such claims and objections shall be addressed to the Registering Authority specified, in the notice and sent to him by registered post.
9. Claims and objections when and how to be made.
(1) All claims for inclusion of any name in the electoral roll and all objections to the inclusion of any name or other entries therein shall be made in Forms II and III respectively within fifteen days from the date of publication of the draft electoral roll under rule 7.
(2) No claim or objection shall be entertained by the Registering Authority, if received after the time referred to in sub-rule(1).
10. Particulars regarding claims and objections.
(1) A claim for the inclusion of any name in the draft electoral roll must be signed by the person, who desires his name to be so included.
(2) Where objection is made to the inclusion in the draft electoral roll of the name of any person or any other entry, such objection shall contain in respect of such person or entry, as the case may be, all particulars entered in the electoral roll.
(3) No person other than one, whose name is included in the draft electoral roll, shall be eligible to prefer any objection to the inclusion of any name or any other entry in the said roll.
11. Making of correction in the draft electoral roll.
(1) The Registering Authority or the agent employed by him under rule 6 may, on receipt of such claims and objections within the period specified in sub-rule (1) of rule 9, make . corrections which he considers necessary for the preparation of the complete and accurate electoral roll.
(2) The Registering Authority shall, upon receipt of such application, serve on each of the persons affected by the application a notice specifying the correction, which is proposed to be made and the place where and the time when objections to the proposed corrections shall be heard:
Provided that no such notice shall be served where the Registering Authority is satisfied that the application for correction shall be granted or where the application is one for the correction of a clerical or printing error.
12. Register of claims and objections.
A register of all claims and objections shall be maintained by the Registering Authority.
13. Notice regarding claims and objections when to be given.
(1) Subject to the provisions of sub-rule (2) and except in a case where the Registering Authority is satisfied as to the validity of an objection, every person whose application is received within the specified time shall be served with a notice in Form IV by the Registering Authority specifying the place where and the time when his claim or objection shall be heard and directing him to be present with such evidence as he may wish to adduce.
(2) When objection is made by any person to the inclusion of the name of any other person in the draft electoral roll, the Registering Authority shall, except where he is satisfied as to the validity of the objection, serve on such other person a notice in Form V giving the grounds on which the inclusion of the name has been objected to and requiring such person to attend the hearing at the time and place specified in the notice either personally or through a duly authorised agent.
14. Service of notice.
Every notice issued by the Registering Authority shall be sent by registered post.
15. Enquiry into claims and objections by the Registering Authority.
(i) At the time fixed for hearing, the Registering Authority shall hold a summary enquiry into the claim or objection preferred and shall record his decision thereon and shall, also after considering the objection that may be preferred, decide any application for correction of the electoral roll.
(2) For the purpose of an enquiry under this rule, the draft electoral roll published under rule 7, shall be presumed to be complete and correct until the contrary is approved by the person challenging its correctness.
(3) No party shall have any right to be represented by a legal practitioner in Any proceeding under these rules.
16. Decision of the Registering Authority regarding claims and objections to be final.
(1) The decision of the Registering Authority under rule 15 as regards claims and objections shall be final and the Registering Authority shall thereupon cause the draft electoral roll to be amended in accordance with such decision.
(2) The Registering Authority may also of his own motion correct any misspelling which he may discover in the draft electoral roll.
17. Final publication of the draft electoral roll.
The draft electoral roll with the revisions, if any, made under the foregoing rule shall be published in the manner specified in rule 7, and it shall come into force from the date of such publication and shall remain in force for a period of two years, after which a fresh electoral roll shall be prepared in accordance with these rules:
Provided that the State Government direct the preparation of a fresh electoral roll in accordance with these rules at any time before the expiry of the said period of two years.
18. Amendment after final publication.
(1) Notwithstanding anything contained in these rules, any person may, after the final publication of the electoral roll under rule 17, apply to the Registering Authority for amendment of such roll.
(2) Where any such application is made for the correction of any entry in the electoral roll and the Registering Authority is satisfied that the entry sought to be corrected relates to the applicant and is erroneous or defective in any particular, he shall correct the entry or remove the defect and cause the electoral roll to be amended accordingly, and the Registering Authority may also of his own motion make any such correction in the electoral roll.
(3) Where any application is made for amendment of the electoral roll by inclusion of the name of the applicant, the Registering Authority shall, on payment by the applicant of a fee of rupees ten, make, subject to any direction issued by the State Government in this behalf, such enquiry as he thinks fit and shall, if satisfied as to the validity of the applicants claim, amend the electoral roll or cause it to be amended accordingly.
(4) All amendments made under sub-rules (2) and (3) shall be published in the office of the Registering Authority and shall, from the date of such publication, be deemed, to have come into force and shall remain in force till a fresh-electoral roll is prepared.
19. Custody and preservation of the electoral roll, etc.
(1) The papers mentioned in the first column of the Schedule to these rules, shall be preserved in the custody of the official mentioned in the second column and for the period specified in the third column thereof.
(2) Any person shall have a right to inspect the election papers mentioned in the Schedule and to get attested copies thereof on payment of a fee of rupees ten.
20. Interpretation in case of doubt.
If any question arises as to the interpretation of these rules it shall be referred to the State Government in the Education Department for a decision and such decision shall be final.