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·Fausgabe
DILY
DROIT
Government of Bengal
Appointment Department
Reforms
The Bengal Electoral Orders
and Rules
(Şecond Edition)
Superintendent, Governinent Printing
Bengal Government Press, Alipore, Bengal
1936

·Published by the Superintendent, Government Printing
Bengal Government Press, Alipore, Bengal
Agents in India.
Messrs. S. K. Lahiri & Co., Printers and Booksellers, College Street, Calcutta.
Messrs. Thacker, Spink & Co., Calcutta.
Customers in the United Kingdom and the Continent of Eumpe
may obtain publications either direct from the High Commissioner's office
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·TABLE OF CONTENTS. PART 1. Schedules to the Act, Page. 1. Fifth Schedule to the Gurcinment of India Act, 1935 3 2. Sixth Schedule to the Government of India Act, 1935 13 PART II. Orders in Council. 3. Tho (iovernment of India (Scheduled Castes) Order, 1936 23 4. The Goverunent of India (Provincial Legislative Assembles) Ondor, 1936 27 5. Tie Guvernment of India (Provincial Legislative Councils) Order, 1930 59 . 6. The Government of India (Commencement and Transitory Provisions) Order', 19:36 73 7. T'he Governinont of India (Provincial Elections) (Conupt Piact ces and Election Petitions) Order, 1936 8L 8. The Government of India (Excluded and Partially Excluded Arcas) Ordler, 1930 95 9. The Government of India (Distribution of Revenues) Order, 1936 101 PIRT III. Electoral Rules. 10. The Bengal Legislative Assembly Electoral (Preparation, Revision and. Publication of Electoral Rolls) Rules, 1936 107 and 11. The Bengal Legislative Council Electoral (Preparation, Revision Publication of Electoral Rolls) Rules, 1936 151 PART IV. Miscellaneous. 12. Statement showing the form and language prescribed for the electoral rolls for certain constituencies of the Bengal Legislative Assembly and the Bengal Legislative Council 169 13. List of title examinations conducted by the Bengal Sanskrit Association considered to ho cquivalent to the Matriculation standard 175 ·Ź Page. 176 14. Lists or titles, orders and decorations" for purposes of enrolment on the cloclorul rolls for the Provincial Legislative Councils 18. Duties of Incoino-tax officers in connection with the preparation of Provincial Electoral Rolls 177 16. Registoring Authorities of certain constituencies of the Brngal I.cgislative Assembly 181 182 17. Prescribed Antes for the preparation of electoral rolls for the constituencies of tho Bongal Legislative Issembly 18. Registering Authority for the European constituency of the Bengal Legis- Intive Council 183 184 19. Proscribed data for the proporation of electoral rolls for the territorial constituencies of tho Bengal Legislative Council 20. Returning Officers for cortain constituencies of the Bengal Legislative Assembly 185 21. List of recognised Trade limuns 186 22. List of Constituent Trude l'mons .. 187

·PART I.
Government of India Act, 1935.
Fifth Schedule.

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·GOVERNMENT OF INDIA ACT, 1935. FIFTH SCHEDULE. Section 61. Composition of Provincial Legislatures. General Qualification for Membership. 1. A person shall not be qualified to be chosen to fill a seat in a Provincial Legislature unless be- (a) is a British subject or the Ruler or a subject of an Indian State which has acceded to the Federation or, if it is so prescribed with respect to any Province, the Ruler or a subject of any prescribed Indian State; and (b) is, in the case of a seat in a Legislative Assembly, not less than twenty-five years of age, and in the case of a seat in a Legislative Council, not less than thirty years of age; and (c) possesses such, if any, of the other qualifications specified in or prescribed under this Schedule as may be appropriate in his case. 2. Upon the expiration of the term for which he is chosen to serve as a member of a Provincial Legislature, a person, if otherwise duly qualified, shall be eligible to be chosen to serve for a further term. . Legislative Assemblies. 3. The allocation of seats in Provincial Legislative Assemblies shall be as shown in the relevant Table of Seats appended to this Schedule. 4. In the Legislative Assembly of each Province specified in the first column of the Table of Seats there shall be the number of seats specified in the second column opposite to that Province, and of those seats- (i) the number specified in the third column shall be general sea iš of which the number specified in the fourth column shall be reserved for members of the scheduled castes and, in the case of Bombay, seven shall be reserved for Marathas; (ii) the numbers specified in the next ten columns shall be the numbers of seats to be filled by persons chosen to represent respectively-(a) backward areas and backward tribes; (1) the Sikh community; (c) the Muhammadan community; (d) the Anglo-Indian community; (e) the European community; (f) the Indian Christian comṁunity; (g) the interests of commerce, industry, mining and planting; (h) landholders; (i) universities; and (i) the interests of labour; and ·(iii) the numbers specified in the last five columns shall be the numbers of seats (being either general seats, Sikh seats, Muhammadan seats, Anglo-Indian seats or Indian Christian seats) reserved for women. In the Punjab one of the landholders' seats shall be a seat to be filled by a Tumandar. 5. A Province, exclusive of any portion thereof which His Majesty in Council may deem unsuitable for inclusion in any constituency or in any constituency of any particular class, shall be divided into territorial constituencies (i) for the election of persons to fill the general seats; (ii) for the election of persons to fill the Sikh seats, if any; (iii) for the election of persons to fill the Muhammadan seats; (iv) for the election of persons to fill the Anglo-Indian seats, if any; (v) for the election of persons to fill the European seats, if any; and (vi) except in the case of Bihar, for the election of persons to fill the Indian Christian seats, if any; or if as respects any class of constituency it is so prescribed, may form one territorial constituency. In the case of each such class of constituency as aforesaid the total number of seats available shall be distributed between the constituencies by the assignment of one or more of those seats to each constituency. 6. The required number of general seats to be reserved for members of the scheduled castes, and in the Province of Bombay for Marathas, shall be reserved by reserving for members of those castes or, as the case may be, for Marathas one or more seats in each of so many of the general territorial constituencies', as may be necessary, so, however, that in each such constituency there shall be at least one unreserved seat. -7. In a Province in which any general seats are reserved for members of the scheduleil castes, all members of those castes who are entitled to vote in a constituency in which any seat is so reserved shall be 'entitled to take part in a primary election held for the purpose of electiny four candidates for each seat so reserved, and no member of those castes not elected as a candidate at such au election shall be qualified to hold- (a) a seat so reserved in that constituency; (1) if it is so prescribed as respects that Province, any seat in that constituency. In relation to bye-elections this paragraph shall have effect with such adaptations and modifications as may be prescribed.

·5 8. The persons to fill the seats specified in columns fifteen to nineteen of the Table of Seats as seats to be filled by women shall be chosen in territorial constituencies, which shall be either (a) constituencies formed under paragraph five of this schedule; or (6) constituencies specially formed for the purpose of electing women members. 9. The provisions of the Sixth Schedule to this Act shall have effect with respect to the persons who are entitled to vote at elections in the territorial constituencies mentioned in paragraphs five and eight of this Schedule. 10. In a Province in which any seats are to be filled by representatives of backward areas or backward tribes, representatives of commerce, industry, mining and planting, representatives of landholders, representatives of universities or representatives of labour, persons to fill those seats and in Bihar the person to fill the Indian Christian seat shall be chosen in such manner as may be prescribed. Provided that in a Province in which any seats are to be filled by representatives of backward areas or backward tribes some or all of those seats may, if it is so prescribed, he treated in the prescribed manner as additional general seats to be reserved for representatives of such areas or tribes. 11. In the Punjab the landholder's seat to be filled by a Tumandar shall be assigned to such constituency as may be prescribed. 12. A person shall not be qualified to hold a seat in the Legislative Assembly of a Province unless- (a) in the case of a seat to be filled by a woman, by a European, by an Indian Christian, .by a representative of backward areas or backward tribes, by' a representative of commerce, industry, mining and planting, by a representative of universities or by a representative of labour, he possesses such qualifications as may be prescribed; and (6) in the case of any other seat, he is entitled to vote in the choice of a member to fill that seat or any other seat of a similar class in that Province. Legislative Councils. 13. The allocation of seats in the Legislative Councils of Provinces having such Councils shall be as shown in the relevant Table of Seats appended to this Schedule.

·6 14. In the Legislative Council of each Province specified in the first column of the Table of Seats there shall be the number of seats specified in the second column opposite to that Province, and of those seats- (a) the number specified in the third column shall be general seats; (b) the numbers specified in the fourth, fifth and sixth columns shall be seats to be filled by persons chosen to represent respectively the Muhammadan comiqunity, the European community and the Indian Christian community; (c) the number specified in the seventh column shall be seats to be filled by persons elected by the members of the Legislative Assembly of the Province in accordance with the system of proportional representation by means of the single transferable vote; and (d) the number specified in the eighth column shall be seats to be filled by persons chosen by the Governor in his discretion. 15. A Province, exclusive of any portion thereof which His Majesty in Council may deem unsuitable for inclusion in any constituency or in any constituency of any particular class, shall be divided into territorial constituencies (i) for the purpose of electing persons to fill the general seats; (ii) for the purpose of electing persons to fill the Muhammadan seats; (iii) for the purpose of electing persons to fill the European seats; (iv) for the purpose of electing persons to fill the Indian Christian seats, if any, or, if os respects any class of constituency it is so prescribed, may form one territorial constituency. In the case of each such class of constituency as aforesaid the total number of seats available shall be distributed between the constituencies by the assignment of one or more of those seats to each constituency. 16. At an election in a constituency to fill a general seat, persons entitled to vote in a Muhammadan constituency, a European constituency, or an Indian Christian constituency shall not be entitled to vote. In the case of a Muhammadan constituency, a European constituency, or an Indian Christian constituency no person shall be entitled to vote who is not, as the case may be, a Muhammadan, a European, or an Indian Christian.

·7 17. The qualifications entitling a person to vote in territorial constituencies at elections of members of a Provincial Legislative Council, and the qualifications to be possessed by members of such Councils, shall be such as may be prescribed. 18. The term of office of a member of the Legislative Council of a Province other than a member chosen to fill a casual vacancy shall be nine years, but upon the first constitution of the Council the Governor in his discretion shall make by order such provision as he thinks fit by curtailing the term of office of some of the members then chosen for securing that, as nearly as may be, one-third of the members holding seats of each class shall retire in every third year thereafter. A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor's term of office. General. 19. In the foregoing provisions of this Schedule the following expressions have the meanings hereby assigned to them, that is to say, “a European," "an Anglo-Indian," "an Indian Christian” and “the scheduled castes" have the same meanings respectively as they have in Part I of the First Schedule to this Act; “backward areas" and "backward tribes" mean respectively such areas and tribes as His Majesty in Council may from time to time declare to be areas and tribes to which a special system of representation is more appropriate; and "prescribed" means prescribed by His Majesty in Council or, so far as regards any matter which under this Act the Provincial Legislature or the Governor are competent to regulate, prescribed by an Act of that Legislature or by a rule made under the next succeeding.'paragraph. 20. In so far as provision with respect to any matter is not inade by this Act or by His Majesty in Council or after the constitution of the Provincial Legislature by Act of that Legislature (where the matter is one with respect to which that Legislature is competent to make laws), the Governor, exercising his individual judgment, may make rules for carrying into effect the foregoing provisions of this Schedule and the provisions of the Sixth Schedule and securing the due constitution of the Provincial Legislature and in particular but without prejudice to the generality of the foregoing words with respect tom (i) the notification of vacancies including casual vacancies and the proceedings to be taken for filling vacancies; (ii) the nomination of candidates;

·8 (iii) the conduct of elections including the application to elections of the principle of proportional representation by means of the single transferable vote, and the rules to regulate elections where certain of the seats to be filled are reserved for members of the scheduled classes, or in the case of Bombay for Marathas, or where certain of the seats allotted to any community must be held by a woman or by a specified type of land holder; (iv) the expenses of candidates at elections; (v) corrupt practices and other offences at or in connection with elections; (vi) the decision of doubts and disputes arising out of or in connection with elections; and (vii) the manner in which the rules are to be carried into effect.

·TABLE OF SEATS. - Provincial Legislative Assemblies. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 General Seats, Seats for Women. Province. Total Seats. Total of Gederal Seats, General Scats reserved for Scheduled Castes. 2 Seats for repre. scntatives of backward areas and tribes. Sikh Seats. Muheinmadan Seats. Anglo- Indian Seats. European Seats. Indian Chris. tian Seats. Seats for representatives of commerce, industry, mining and planting. Landholders' Seats. Uni- Versity Seats. Seats for representetives of labour. General. Sikh. Muhammadan Anglo- IDdian. 10- dias Christian. Hadras 215 146 30 1 28 3 8 8 1 6 6 1 6 .. 175 114 13 1 29 3 3 7 2 1 1 Bombay Bengal 7 8 230 78 30 1 . 117 3 11 19 2 2 1 : United Provinces 223 110 20 64 1 2 3 1 3 .. Punjab 175 42 8 31 84 1 2 1 2 2 1 5 1 3 1 1 2 Bihar 152 86 15 39 1 1 1 3 1 4 2 3 2 112 Central Provinces and Berar. 84 20 1 14 1 1 3 1 3 . Assam 108 17 7 .. 34 1 11 1 .. 50 3 North-West Frontier Province. 36 2 .. Orissa 60 5 .. .. 1 .. .. 1 .. 1 2 Sind 60 18 33 .. 2 . 1 1 . 1 Io Bombay seven of the general scats shall be reserved for Marathas. In the Punjab one of the landholders' scats shall be a geat to be filled by a Tumandar. In Assam and Orissa the scats reserved for women shall be non-communal seats.

·TABLE OF SEATS. Provincial Legislative Councils. 1 2 3 5 6 7 8 Province. Total of Seats. General Seats. Muhammadan Seats. European Seats. Indian Christian Seats. Seats to be Alled by Legislative Assembly. Seats to be filled by Governor, Not less than 54 Not less than 8. Madras 35 7 3 Not more than 56 Not more than 10. Not less than 29 Not less than 3. Bombay ,20 5 1 Not more than 30 Not more than 4. Not less than 63 10 Not less than 6. Bengal 10 17 3 27 Not more than 65 Not more than 8. Not less than 58 Not less than 6. United Provinces 34 17 1 .. Not more than 60 Not more than 8. Not less than 29 Not less than 3. Bihar 9 1 12 Not more than כן 30 Not more than 4. Not less than 21 Not less than 3. Assam } 10 6 2 .. Not more than 22 Not more than 4.

·Government of India Act, 1935. Sixth Schedule.

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·GOVERNMENT OF INDIA ACT, 1935. SIXTH SCHEDULE. Provisions as to Franchise. Part I.General. . 1. There shall be an electoral roll for every territorial constituency and no person who is not, and, except as expressly provided by this Schedule, every person who is, for the time being included in the electoral roll for any such constituency shall be entitled to vote in that constituency. 2. The electoral rolls for the territorial constituencies shall be made up and from time to time in whole or in part revisod by reference to such date, ir this Schedule referred to as "the prescribed date", ay may be directed in each case by the Governor exercising his individual judgment. 3. No person shall be included in the electoral roll for any terrilorial constituency unless he has attained the age of twenty-one years and is either- (a) a British subject; or (b) the Ruler or a subject of a Federated State; or (c) if and so far as it is so prescribed with respect to any Province, and subject to any prescribed conditions, the Ruler or a subject of any other Indian State. 4. No person shall be included in the electoral roll for or vote at any election in any territorial constituency if he is of unsound mind and stands so declared by a competent court. 5. No person shall be included in the electoral roll for a Sikh . constituency, a Muhammadan constituency, an Anglo-Indian constituency, a European constituency or an Indian Christian constituency unless he is a Sikh, a Muhammadan, an Anglo-Indian, a European or an Indian Christian, as the case may be. 6. No person who is or is entitled to be included in the electoral roll for any Sikh constituency, Muhammadan constituency, Anglo- Indian constituency, European constituency or Indian Christian constituency in any Province shall be included in the electoral roll for a general constituency in that Province or vote at any election to fill a general seat therein: 2 ·14 Provided that this paragraph shall not apply in relation to the general seats reserved for women in Assam and Orissa or the constituencies for the election of persons to fill those seats. 7. No person shall, in any Province, vote at a general election in more than one territorial constituency, and, in each Province, such provisions, if any, as may be prescribed in relation to that Province shall have effect for the purpose of preventing persons being included in the electoral roll for more than one territorial constituency in the Province: I'rovided that in any Province in which territorial constituencies have been specially formed for the purpose of electing women members, nothing in this paragraph or in any such provisions shall prevent a person from being included in the electoral roll for, and voting at a general election in, one territorial constituency so formed and also one territorial constituency not so forned. 8. No person shall be included in the electoral roll for, or vote at any election in, a territorial constituency if he is for the time being disqualified from voting under the provisions of any such Order in Council, Act of the Provincial Legislature or rules made by the Governor as may be made or passed under this Act with respect to corrupt practices and other offences in connection with elections, and the name of any person who becomes so disqualified shall forth with be struck off all the electoral rolls for territorial constituencies in which it may be included. 9. Vo person shall vote at any election in any territorial constituency, if he is for the time being undergoing a sentence of transportation, penal servitude or imprisonment. 10. The following provisions shall have effect with respect to the enfranchisement of women in respect of the qualifications of their husbands- (a) a woman who, at the date of the death of her husband, is included in an electoral roll for a territorial constituency by virtue of his qualifications shall, notwithstanding anything in the subsequent provisions of this Schedule, continue to be on the roll for that constituency unless she remarries or becomes disqualified under the foregoing provisions of this Schedule for inclusion in that roll; (b) not more than one woman shall at any one time appear in the electoral rolls for the territorial constituencies in a Province in respect of the qualifications of any particular man and any question which of several women is to be selected for inclusion shall be determined in the prescribed manner :

·15 l'rovided that if a woman who is entitled by virtue of sub-paragraph (a) of this paragraph to remain on the roll of a territorial constituency changes her place of residence, then, if she so desires, she may, on any subsequent revision of the roll, be transferred to the roll of such other territorial constituency as may be appropriate. 11. For the purposes of this Schedule any property owned, held, or occupied or payment made by or assessment made on a person as a trustee, guardian, administrator or receiver or in any other fiduciary capacity, shall, except as otherwise expressly provided in this Schedule, be left out of account. 12. This Schedule shall have effect as if any reference therein to an officer, non-commissioned officer, or soldier of His Majesty's regular military forces included a reference to an officer or man of any British India police force, not being an officer or man who has been dismissed or discharged from that force for disciplinary reasons, and a reference to an officer, non-commissioned officer or soldier of the Auxiliary Force (India) or the Indian Territorial Force, not being an officer, non-commissioned officer or soldier who has been dismissed or discharged from the force for disciplinary reasons, or has served in the force for less than four years. 13.-(1) In this Schedule, except where the context otherwise requires- "territorial constituency' means one of the territorial constituencies mentioned in paragraphs five and eight of the Fifth Schedule to this Act; "European," "Anglo-Indian," "Indian Christian” and “scheduled castes" have the same meanings respectively as they have in Part I of the First Schedule to this Act; "Indian Christian constituency" does not include any constituency which may be formed for choosing persons to fill the Indian Christian seat in Bihar; "person” does not include a body of persons; "prescribed," except in the phrase "the prescribed date," has the same meaning as in the Fifth Schedule to this Act; "previous financial year," "previous Bengali year" and "previous fasli year” mean respectively the financial year, the Bengali year, and the fasli year immediately preceding that in which the prescribed date falls; "house" and "building include respectively a part of a house or building separately occupied as a dwelling or for the purposes of any trade, business or profession; literate" means, in relation to any person, able to read and write in some language or dialect selected by him being a language or dialect in common use in some part of India;

·i6 "cantonment" means a cantonment for the purposes of the Cantonments Act, 1924, and "cantonment record" means a record prepared under that Act. (2) Any reference in this Schedule to "urban constituencies" or "rural constituencies' shall be construed as a reference to such territorial constituencies as may be classified as urban or rural constituencies respectively by an Order in Council delimiting territorial constituencies: Provided that any such Order in Council may direct that any Anglo- Indian constituency, European constituency or Indian Christian constituency shall be seemed to be an urban constituency for some purposes and a rural constituency for other purposes. (3) Any reference in this Schedule to persons assessed to income tax in any financial year shall be deemed to include a reference to any partner in a firm assessed to income tax in that year if his share of the firm's income on which income tax was so assessed is certified in the prescribed manner to have been not less than the minimum on which ihe tax is leviable. (4) If any question arises under this Schedule whether any person is or is not a Sikh, he shall be deemed to be a Sikh if and only if he makes in the prescribed manner a declaration in the prescribed forin thai he is a Sikh. (0) Any reference in this Schedule to a retired, pensioned or discharged officer, non-commissioned officer or soldier of any force shall be deemed not to include a reference to any person who has been dismissed or discharged from that force for disciplinary reasons. (6) Any reference in this Schedule to all or any of the provisions of any Indian Act shall be construed as a reference to those provisions as amended by or under any other Act or, if those provisions are repealed and re-enacted with or without modification, to the provisions so reenacted. (7) If the boundaries of any district or other administrative area mentioned in this Schedule are altered, any reference in this Schedule to that district or area shall thereafter be taken as a reference to the district or area as altered. 0 Part IV.Bengal. General requirement as to residence. 1.-_(1) A person shall not be qualified to be included in the electoral roll for any territorial constituency unless he has a place of residence in that constituency: Provided that (n.) in the case of a Calcutta constituency the provisions of this paragraph shall be deemed to be complied with in relation ·17 to any person if he has a place of residence in Calcutta and a place of business within the constituency; (6) in the case of a European constituency the provisions of this paragraph shall be deemed to be complied with in relation to any person if he is actually employed anywhere in Bengal but is absent from Bengal on leave from his employment. (2) In this paragraph "a place of residence" means a place where a person ordinarily and actually resides during the greater part of the year. Qualifications dependent on turation. 2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this part of this Schedule, a person shall be qualified to be included in the electoral roll for any territorial constituency if he (a) has paid before the expiration of the previous year any sum as tax under the Bengal Motor Vehicles Tax Act, 1932, in respect of that year; or (6) was assessed during the previous year to income tax; or (c) was during the previous year entered in the municipal assessment book or licence register, or any other authorised register maintained by the Corporation of Calcutta, as having paid in respect of that year either directly or indirectly any sum as consolidated rate, tax or licence fee to the Corporation; or (d) has paid during and in respect of the previous year municipal or cantonment taxes or fees of not less than eight annas, or road and public works cesses under the Cess Act, 1880, of. not less than eight annas, or Chaukidari tax under the Village Chaukidlari Act, 1870, of not less than six annas, or union rate under the Bengal Village Self-Government Act, 1919, of not less than six annas. Qualification dependent on property. 3. Subject as aforesaid, a person shall also be qualified to .be included in the electoral roll of any territorial constituency if, at any time during the previous financial or Bengali year he has occupied by virtue of his employment a house in the Province the annual valuation of which is not less than forty-two rupees. In this paragraplı "annual valuation" means the annual rental of the house as ascertained from any accounts of the employer of the person in question which are required by or under any law to be regularly audited or, if the annual valuation is not so ascertainable, one-tenth of the annual remuneration received by the person in question for the employment by virtue of which he occupies it.

·18 Educational Qualification. 4. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved in the prescribed manner to have passed the matriculation examination of any prescribed university, or an examination prescribed as at least equivalent to any such examination, or if it is so prescribed, any other prescribed examination, not lower than a final middle school examination. Qualification by reason of service in His Majesty's forces. 5. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is a retired, pensioned or discharged officer, non-commissioned officer or soldier of His Majesty's regular military forces. Additional qualifications for women. 6. Subject as aforesaid, a person who is a woman shall also bo qualified to be included in the electoral roll for any territorial constituency if she is the pensioned widow or the pensioned mother of a person who was an oflicer, non-commissioned officer or soldier of His Majesty's regular military forces or if her husband possesses the qualifications requisite for the purposes of this paragraph or if she is shown in the prescribed manner to be literate: Provided that in relation to the original preparation of electoral rolls and revisions thereof within three years from the commencement of Part III of this Act, this paragraph shall have effect as if the words "or if she is shown in the prescribed manner to be literate" were omitted therefrom. 7. In relation to a Calcutta constituency, a husband shall be deemed to possess the qualifications requisite for the purposes of the last preceding paragraph if- (a) he was during the previous year , entered in the municipal assessment book as the owner and occupier of any land or building in Calcutta separately numbered and valued for assessment purposes at not less than one hundred and fifty rupees per annum, or as the owner or occupier of any land or building in Calovita separately numbered and valued for assessment purposes at not less than three hundred rupees per annum and paid during that year his share of the consolidated rate on the land or building; or (6) he has paid during and in respect of the previous year on his sole account and in his own name not less than twenty-four rupees either in respect of the taxes levied under Chapter XI, or in respect of the taxes levied under Chapter XII, cf the Calcutta Municipal Act, 1923; or .

·19 (c) his name is entered in the municipal assessment book in respect of any land or building in Calcutta in respect of which not less than twenty-four rupees was paid in the previous year in respect of the consolidated rate. 8. In relation to an urban constituency which is not a Calcutta constituency, a husband shall be deemed to possess the qualifications requisite for the said purposes if, during and in respect of the previous year, he paid, in the municipality of Howrah, municipal taxes or fees of not less than three rupees, or, in any other municipal area or cantonment in the Province, municipal or cantonment taxes or fees of not less than one rupee, eight annas. 9. In relation to a rural constituency, a husband shall be deemed to possess the qualifications requisite for the said purposes if, during and in respect of the previous year, he paid not less than one rupee, eight annas in respect of municipal taxes or fees, or not less than one rupee in respect of road and public works cesses under the Cess Act, 1880, or not less than two rupees in respect of Chaukidari tax under the Village Chaukidari Act, 1870, or in respect of union rate under the Bengal Village Self-Government Act, 1919. 10. In relation to any territorial constituency a husband shall be deemed to possess the qualifications requisite for the said purposes if he either is a retired, pensioned or discharged officer, non-commissioned officer or soldier of IIis Majesty's regular military forces or was assessed in the previous year to income tax, or paid before the expiration of the previous year any sum as tax under the Bengal Motor Vehicles Tax Act, 1932, in respect of that year. Special provisions as to Darjeeling general constituency. 11. Subject as aforesaid, a persoa shall also be qualified to be included in the electoral roll for any rural general constituency comprising any part of the Saçlar, Kalimpong and Kurseong subdivisions of the Darjeeling district if that person either- (a) has paid during and in respect of the previous year rent of not less than twenty rupees for any land in the Province situate in a municipal area or for any hired building in the Province, or rent of not less than two rupees for any land in the Province not situate in a municipal area; or (6) is the wife of a person who, during and in respect of the previous year, has paid rent of not less than sixty rupees for any land in the Province situate in a municipal area or for any hired building in the Province, or rent of not less than six rupees for any land in the Province not situate in a municipal area.

·20 Application necessary for enrolment in certain cases. 12. No person shall by virtue of paragraph three or paragraph four of this part of this Schedule be included in the electoral roll of any territorial constituency, unless application is made in the prescribed manner by him, or, if it is so prescribed, on his behalf, that he should be so included. Special provisions as to Muhammadan women's constituency. 13. No man shall be included in the electoral roll for, or be entitled to vote at any election in any Muhammadan constituency specially formed for the election of persons to fill the seats reserved for women. Interpretation, etc. 14.-(1) In this Schedule, in relation to Bengal,- "Calcutta" means Calcutta as defined in paragraph 11 of section three of the Calcutta Municipal Act, 1923; “a Calcutta constituency" means, subject to the provisions of this paragraph with respect to Anglo-Indian constituencies, European constituencies or Indian Christian constituencies, a constituency which comprises any part of Calcutta; "previous year" means the previous financial year or the previous Bengali year, whichever is appropriate in the particular case; “Bengali year" means a year ending on the last day of the Bengali month of Chaitra. (2) Notwithstanding anything in this paragraph an Order in Council delimiting territorial constituencies may provide that any Anglo- Indian constituency, European constituency or Indian Christian constituency comprising any part of Calcutta, shall, for all or any of the purposes of this Part of this Schedule, be deemed not to be a Calcutta constituency. (3) Where property is held or payments are made jointly by, or assessments are made jointly on, the members of a joint family, the family shall be adopted as the unit for deciding whether the requisite qualification exists, and if it Loes exist the person qualified shall be, in the case of a llindu joint family, the manager thereof, and in other cases the member authorised in that behalf by the family themselves : Provided that this paragraph shall not apply where members of a joint family have separate accommodation and separate messing, and in any such case any reference in this Part of this Schedule to any property, payment or assessment shall be construed as a reference to each member's share of that property, payment or assessment.

·PART II.
The Government of India (Scheduled Castes)
Order, 1936.

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·23 The Government of India (Scheduled Castes) Order, 1936. At the Court at Buckingham Palace, the 30th day of April, 1936. Present: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by certain provisions in the First, Fifth and Sixth Schedules to the Government of India Act, 1935, His Majesty in Council is empowered to specify the castes, races or tribes or parts of or groups within castes, races or tribes which are to be treated as the scheduled castes for the purposes of those Schedules : AND) WHEREAS a draft of this Order was laid before Parliament in accordance with the provisions of subsection (1) of section three hundred and nine of the said Act and an Address has been presented by both Houses of Parliament praying that an Order may be made in the terms of thig Order: NOW, THEREFORE, His Majesty, in the exercise of the said powers and of all other powers enabling him in that behalf, is pleased by and with the advice of His Privy Council to order, and it is hereby ordered as follows: 1. This Order may be cited as "The Government of India (Scheduled Castes) Order, 1936." 2. Subject to the provisions of this Order, for the purposes of the First, Fifth and Sixth Schedules to the Government of India Act, 19:35, the castes, races or tribes, or parts of or groups within castes, races or tribes spexified in Parts I to IX of the Schedule to this Order shall, in the Provinces to which those Parts respectively relate, be deemed to be scheduled castes so far as regards members thereof resident in the localities specified in relation to them respectively in those Parts of that Schedule. 3. Notwithstanding anything in the last preceding paragraph- (a) no Indian Christian shall be deemed to be a member of a scheduled caste; (b) in Bengal no person who professes Buddhism or a tribal religion shall be deemed to be a member of any scheduled caste; and if any question should arise as to whether any particular person does or does not profess Buddhism or a tribal religion, that question shall be determined according to the answers which ·24 he may make, in the prescribed manner, to such questions as may be prescribed. 4. In this Order the expression "Indian Christian" has the same meaning as it has for the purposes of Part I of the First Schedule to the Government of India Act, 1935, and the expression "prescribed" means prescribed by rules made by the Governor of Bengal, exercising his individual judgment. 5. Any reference in the Schedule to this Order to any division, district, subdivision, tahsil or municipality shall be construed as a reference to that division, district, subdivision, tahsil or municipality as existing on the first day of July, nineteen hundred and thirty-six. M. P. 4. Hankey. SCHEDULE. Part 111.-Bengal. Scheduled castes throughout the Province :- Agariya Hari Mal Bagdi Ho Mallah Bahelia Jalia Kaibartta Malpahariya Baiti Jhalo Malo, or Malo Mech Bauri Kadar Mehtor Bediya Kan Muchi Beldar Kandh Munda Berua Kandra Musahar Bhatiya Kaora Nagesia Bhuimali Kapuria Namasudra Bhuiya Karenga Nat Blumij Kastha Nuniya Bind Kaur Oraon Binjhia Khaira Paliya Chamar Khatik Pan Dhenuar Koch Pasi Dhoba Konai Patni Doai Konwar Pod Dom Kora Rabha Dosadh Kotal Rajbanshi Garo Lalbegi Rajwar Ghasi Lodha Saptal Gonrhi Lohar Sunri Hadi Mahar Tiyar Hajang Mahli Turi Halalkhor ·The Government of India (Provincial Legislative Assemblies) Order, 1936.

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·The Government of India (Provincial Legislative Assemblies) Order, 1936. At the Court at Buckingham Palace, the 30th day of April, 1936. PRESENT : THE KING'S MOST EXCELLENT MAJESTY IN COUNCII. Whereas by section two hundred and ninety-one of, and the Fifth and Sixth Schedules to, the Government of India Act, 1935 (hereafter in this Order referred to as "the Act”), His Majesty in Council is empowered to make provision with respect to certain matters connected with Provincial Legislative Assemblies : And whereas by sub-section (4) of section three hundred and eight of the Act Iis Majesty in Council is empowered to make amendments of the provisions of the Act relating to the qualifications of members of Provincial Legislative Assemblies and the qualifications entitling persons to be registered as voters for the purposes of elections to those Assemblies : And whereas a draft of this Order has been laid before Parliament in accordance with the provisions of sub-section (1) of section three hundred and nine of the Act, and an Address has been presented to His Majesty by both Houses of Parliament praying that an Order may be made in the terms of this Order: Now, therefore, Tis Majesty, in the exercise of the powers conferred on him as aforesaid and of all other powers enabling him in that behalf, is pleased by and with the advice of His Privy Council to order,. and it is hereby ordered, as follows:- Part 1. Introductory and Ceneral. Introductory. 1. This Order may be cited as the Governinent of India (Provincial Legislative Assemblies) Order, 1936. 2. (1) In this Order, except where the context otherwise requires "territorial constituency" means one of the territorial constituencies mentioned in paragraphs five and eight of the Fifth Schedule to the Act;

·28 “special constituency” means a constituency not being a territorial constituency; "seat", "election", and "constituency" in relation to any Province mean respectively a seat in the Legislative Assembly of that Province and an election or a constituency for the purpose of filling such a seat, and "election" includes a primary election; "prescribed", except in the phrase "the prescribed date”, has the same meaning as in the Fifth Schedule to the Act; "rules" means rules made under paragraph twenty of the Fifth Schedule to the Act; "commerce" includes banking, insurance and transport; "nilning" includes the getting of oil; "factory" means a factory within the meaning of the Factories Act, 1934, and “perennial factory'' means a factory which is not a seasonal factory for the purposes of that Act; "mine" means a mine which is subject to the provisions of the Iudian Mines Act, 1923; "Gazetto' means the Government Gazette of the province in question; "preparation" in relation to an electoral roll includes revision Thereof and prepare'' shall be construed accordingly; "member” in relation to a constituent body for a commerce and industry, mining or planting constituency does not include an associate member; and, subject as aforesaid and to any other provisions of this Order, expressions to which a meaning is assigned by the Sixth Schedule to the Act, either generally or in relation to any particular Province, have, except where the context otherwise requires, the same meanings for the purposes of this Order, either generally or in relation to that Province, as the case may be. (2) The fact that one of two territorial constituencies is an urban and the other a rural constituency, or that in one of them the seat or one of the seats is a woman's seat or a reserved seat, shall not prevent them being deemed to be constituencies of the same communal description or constituencies of a similar class if they are both general constituencies or constituencies assigned to a specified community and the expressions "seat of the same comuunal description" and "seat of a similar class" sh:ll for the purposes of the Schedules to the Act and of this Order be construed accordingly. (3) Any reference in this Order to a paid up capital of not less than a specified amount shall be construed as including a reference to a paid up capital of not less than the equivalent of that amount in sterling. (4) Any reference in this Order to all or any of the provisions of any Indian Act shall be construed as a reference to those provisions as amended by or under any other Act or, if those provisions are repealed and re-enacted with or without modification, to the provisions so reenacted. (5) The Interpretation Act, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

·29 Special Constituencies. 3. There shall be an electoral roll for every special constituency and no person who is not, and except as expressly provided by the Fifth Schedule to the Act and this Order, every person who is, for the time being included in the electoral roll for any such constituency shall be entitled to vote in that constituency. 4. The electoral rolls for the special constituencies shall be made up, and from time to time in whole or in part reviserl, by reference to such date, in this Order referred to as "the prescribed date”, as may be directed in each case by the Governor exercising his individual judgment. 5. Subject to any express provisions of this Order, no person shall be included in the electoral roll for any special constituency unless he has attained the age of twenty-one years and is either :- (a) a British subject; or (6) the Ruler or a subject of a Federated State; or (c) if and so far as it is so prescribed with respect to any Province, and subject to any prescribed conditions, the Ruler or a subject of any other Indian State. 6. No person shall be included in the electoral roll for, or vote at any election in, a special constituency if he is of unsound mind and stands so declared by a competent court. 7. No person shall be included in the electoral roll for, or vote at any election in, a special constituency if he is for the time being disqualified from voting under the provisions of any such Order in Council, Act of the Provincial Legislature or rules as may be made or passed under the Act with respect to corrupt practices and other offences in connection with elections, and the name of any person who becomes so disqualified shall forth with be struck off all the electoral rolls for special constituencies in which it may be included. 8. No person shall vote at an election in a special constituency if he is for the time being undergoing a sentence of transportation, penal servitude or imprisonment. 8. For the purposes of the provisions of this Order relating to the qualifications for inclusion in electoral rolls for special constituencies, any property owned, held or occupied or payment made by, or assessment made on, a person as a trustee, guardian, alministrator or rereiver, or in any other fiduciary capacity, shall, subject as hereinafter provided, be left out of account: Provided that except in the United Provinces a person shall be qualified to be included in the electoral roll for a landholders' constituency if he (a) is on the prescribed date the guardian of a minor who under this Order would have been entitled to be included in that roll if he were of full ago and satisfied the relevant requirements of this Order as to residence; and (6) would himself have been entitled to be included in that roll, if the property of the minor were his own property. 10. For the purposes of the said provisions, where property is owned, held or occupied or payments are made jointly by, or assessmonts are made jointly on, the members of a joint family, the family ·30 shall be adopted as the unit for deciding whether any, qualification exists, and it it does exist, the person qualified shall be, in the case of a Hindu joint family, the manager thereof, and, in the case of any other joint family, the member thereof authorised in that behalf by the family: Provided that in the case of Bengal this paragraph shall not apply where members of a joint fainily have separate accommodation and separate messing, and in the case of the Punjab it shall not apply where the respective shares of the members of a joint family are specified in land records or municipal or cantonment records or a decree of a civil court. 11. Subject to the provisions of the last preceding paragraph, where any property is owned, held or occupied or payments are made, jointly by, or assessments are made jointly on, more than one person, any reference in the provisions of this Order relating to special constituencies to any property, payment or assessment shall be construed as a reference to each person's share of that property, payment or assessment. Where under the provisions of this Order any qualification for being included in an electoral roll for a special constituency depenils upon the owning or holling of land in a specified area, or the being assessed or the making of payments in respect of land in a specified area, two or more parcels of land in that area owned or held by a person, and assessments made on or payments made by a person in respect of two or more parcels of land in that area, may be aggregatel for the purpose of determining whether the qualification exists, but without prejudice, and subject to any express provision in this Order with respect to such aggregation. 13, A person shall not be qualified to be included in the electoral roll for any labour constituency if he is subjort to Inilian military law. 12. for at General. 14. (I) For the avoidance of doubt, it is hereby declared that is primary election held for the purpose of electing candidates seat reserved for mernbers of the Schedulo: Castes may be proceedid with notwithstanding that less than four candidates stand at that primary election, and that the remainder of the election may be proceeded with notwithstanding that, by reason of a deficiency of candidates at the primary election or by reason of the withdrawal or death of candidates elected thereat, there are or remain less than four duly elected Scheduled Caste candirlates for the seat. (2) At a poll at any such primary election no voter shall have more tha). vue vote. (3) Save as expressly provided in this Order with respect to Bengal a member of the Scheduled Castes shall not be disqualified to hold a seat not reserved for menbers of the Scheduled Castes by reason that he has not been elected at a primary election as a candidate for a seat so reserved 15. Subject to any express provisions of this Order to the contrary, where at an election a poll is taken for the purpose of filling more than ope seat, a voter shall have as many votes as there are seats to be filled ·31 on the poll and may give all those votes to one candidate, or may distribute them between such candidates and in such manner as he thinks fit. 16. (1) The provisions of this paragraph shall apply in relation to any eloction in a constituency where the seats to be filled include a seat or seats reserved for members of the Scheduled Castes, or a seat reserved for a Maratha, a representative of backward tribes or areas, or, in the case of the Bengal Anglo-Indian constituency, a woman. (2) If the number of candidates qualified to be chosen to fill a seat or seats so reserved is equal to the number of seats so reserved all those candidates shall be declared to be elected to fill the reserved seat or reserved seats and a poll shall only be taken if necessary for filling any seat or seats not filled under this sub-paragraph. (3) If the number of candidates qualified to be chosen to fill a seat or seats so reserved is greater than the number of seats so reserved, then, when the counting of the votes has been completed, the Returning Officer shall first declare that one, or those, of the qualified candidates to whom the largest nunber of votes ltas been given to be elected to fill the reserved seat or the reserved seats. (4) Tf the number of candidates qualified to be chosen to fill a seat or seats so reserved is less than the number of scats so reserved, all those candidates, if any, shall be declared to be elected to fill seats so reserved, and the Governor, (Xerrising his individual judgment, shall lvy notification in the Gazeta call on the constituency 10 vlerit ad pilson or persons, as the case may be, within such time as may be specified in the notification : Provided that where a constituency having been aivatly -w called upon has failed to elect a person, or the requisite number of persons, as tlie case may be, to fill a vacancy or vacancies, the Governor shall not be bound again io call upon the constituency to elect a person or persons to fill the vacancy or vacancies until such time as, exercising his individual judyment, he may think fit. 17. If, when a poll has been taken at an elertiou, an equality of votes is found to exist belween any candidates, and the addition of one voto will entitle any of tho candidates to be declared elected, 'one additional vote shall be given by the Returning Officer to the candidata, or, as the case may be, the candidates, selected by lot drawn in the presence of the Returning Officer in such manner as he may determine. 18. (1) The fact that a person or body has, in relation to any constituency, more than one qualification to be included, or to nominate persons to be included, in the electoral roll therefor, shall not increase his or its rights as respects inclusion, or as the case may be, the nomination of persons for inclusion, in that roll. (2) No person shall be entitled to be included twice in the electoral roll for any particular constituency, and the fact that a person is included twice in the electoral roll for a constituency shall not increase his rights as respects voting therein.

·32 19. If a person is elected to more than one seat in the Legislative Assembly of a Province then, unless within the prescribed time he resigns all but one of the seats, all the seats shall become vacant. 20 (1) The dates on which nominations are to be made and scrutinised, polls held and other acts done in connection with elections to a Provincial Legislative Assembly shall be fixed by the Governor in his discretion. (2) Nothing in this paragraph shall be construed as preventing Arts of the Provincial Legislature or rules from making general provision with respect to the intervals which are to elapse between the successive stages of an election. 21. (1) In all constituencies the electoral rolls shall be prepared by such authority as the Governor exercising his individual judgment shall appoint: Provided that in the preparation of such rolls the authority so appointed may, subject to any prescribed restrictions, employ such persong as he thinks fit. (2) In all constituencies and at all elections the Returning Officer shall be a person in the service of the Crown in India. 22. (1) If the boundaries of any district or other administrative area mentioned in this Order or in the Sixth Schedule to the Act are altered, any reference in this Order or in the said Scherlule to that district or area shall, as from such date or dates as may be fixed 1.x the Governor, exercising his individual judgment, either for all purposes or for any particular purposes of this Order or of the said schedule, be taken as a reference to the district or area as altereil. (2) Sub-paragraph (7) of paragraph thirteen of Part I of the Sixth Schedule to the Act (which relates to alterations in the boundaries of districts) shall cease to have effect. 23. The provisions of the Fifth and Sixth Schedules to the art shall have effect subject to the minor amendments specified in the First Schedule to this Order. 24. The Governor of the Province may at any time by order vary the name of any territorial constituency if he deems it expedient so 10 do.. 25. Notwithstanding anything in the Indian Income Tax det, 1922, it shall be the duty of the approp inte i.come tax officers to give ito any person charged by law with the iluly of suquiring into the qualifications of electors such information as is Leccesary for the purpose of enabling him to discharge that duty. 26. Anything which under the provisions of the Act, or of this Order, is required or authorised to be done by, to or before the Governor of a Province in connection with the preparation of electoral rolls or the holding of elections, or otherwise for the purpose of constituting the Legislative Assembly of the Province in due time (whether or not the Governor is to act in his discretion o lo exercise his individual judgment) shall, before the commencement of Part III of the Act, be done by, to or before the Governor in Council or, in the case of Sind or Orissa, the Governor.

·33 Part IV.-Bengal, The Territorial Constituencies. 1. (1) The territorial constituencies for the Province shall be those specified in the first column of the tables in Parts I to VI of the Fourth Schedule to this Order, the extent thereof shall be as specified in the second column of those tables and the total number of seats to be filled in each of them shall be as specified in the third column of those tables. (2) The women's constituencies specified in Part III of the said Schedule are constituencies specially formed under sub-paragraph (1) of paragraph eight of the Fifth Schedule to the Act. (3) In the case of the general constituencies, of the total number of seats to be filled in each constituency the number of seats, if any, specified in the fourth column of the table shall be reserved for members of the schelluled castes. (4) All the Anglo-Indian, European and Indian Christian constituencies shall, for the purposes of paragraph eight of Part IV of the Sixth Scheilule to the Act, be deemed to be urban constituencies, and, for the purposes of paragraph nine of that l'art of that Schedule, be deemed to be rural constituencies, and, for the purpose of paragraph 8 of that part of that Schedule (but not for the purposes of paragraph 7 thereof), none of the said constituencies shall be deemed to be Calcutta constituencies. Special Provision as to Scheduled Castes. 2. In a constituency in which a seat is reserved for a member of the Scheduled Castes, no member of those castes shall be qualified to be chosen to fill any seat in the constituency unless he was selected as a candidate for the reserved seat or seats at the primary election of candidates therefor: Provided that this paragraph shall not apply in relation to a byeelection at which no reserved seat is to be filled. Ilomen's Seats. 3. A woman shall not be qualified to be chosen to fill a seat reserved for women unless she is entitled to vote in the choice of a person to fill that seat or some other seat of the same communal description. Anglo-Indian Seats. 4. (1) Of the seats to be filled in the Anglo-Indian constituency one shall be reserved for a woman. (2) At a poll in the said constituency a person while having as many votes as there are seats to be filled shall not give more than one vote to any one candidate and, when the seat reserved for a woman is to be filled, the maximum number of votes which a voter may give to malo candidates shall be one less than the number of seats to be filled.

·34 European Seats. 5. At a poll in a l'uropean constituency when more than one seat is to be filled, a person while having as many votes as there are seats to be filled, shall not give more than one vote to any one candidate. 6. A person shall not be qualified to be chosen to fill a European seat unless he is a European entitled to vote in the choice of a member to fill that seat or some other seat. Indian Christian Seats. 7. A person shall not be qualified to be chosen to fill an Indian Christian seat unless he is an Indian Christian entitled to vote in the choice of a member to fill that seat or some other seat in a territorial constituency. - Commerce, Industry, lining and Planting Seats. 8. (1) The seats to be filled by representatives of commerce and industry shall be filled by elections in the constituencies specified in the first column of the table in lart VII of the Fourth Schedule to this Order. (2) The electoral roll for each of the said constituencies shall be based, in the manner hereafter provided, on membership of the bodies (hereafter referrel to as “constituent boilies'') mentioned in the names of those constituencies respectively. (3) In the third column of the said table is specified the number of seats assigned to each constituency. 9. (1) Subject to the provisions of this Order, a person shall be qualified to be included in the electoral roll for a commerce and industry, mining or planting constituency iſ he is himself a qualified member of the constituent body, or is the nominee in that behalf of it firin, Hindu joint family or corporation which is a qualifieil member of that body. (2) l'or the purposes of this paragraph, a member of a constituent body, shall be deemed to be a qualified inomber thereof if, and only if he or it- (a) is a subscribing meniher shown as such in the list of members and has paid all subscriptions accrued due before the end of the previous financial year; and (b) is engaged in commerce or industry and has a place of business in the Province; and (c) in the case of an individual, a firm or a Hindu joint family, was in any one of the five financial years immediately preceding that in which the prescribed date falls, assessed to income tax on an income of not less than ten thousand rupees derived from commerce or industry; and (d) in the case of a corporation, has a paid up capital of not less than one lakh of rupees.

·35 (3) For the purposes of this paragraph (a) if in any financial year the partners in a firm have been separately assessed to income tax on their shares of the income of the firm derived from commerce or industry, the firm shall be deemed to have been assessed to income tax on that income to an amount equal to the aggregate of the assessments so made on the partners in the firin for the time being in respect of that income of the firm; and (b) a firm shall be deemed to retain its identity notwithstanding any change in the partners therein. (4) In relation to the Indian Tea Association constituency, this paragraph shall have effect as if the references in sub-paragraphs (2) and (3) thereof to commerce or industry were references to planting, and, in relation to the Indian Mining Association constituency, it shall have effect as if the said references were references to mining. 10. (1) A firm, corporation or Hindu joint family shall be entitled to nominate not inore than three persons for the purposes of the last preceding paragraph, and the names of the persons so nominated shall be inserted in the electoral roll as being the nominees of the firm, corporation or family in question, but not more than one of those persons shall be entitled to vote at any election. (2) No person shall be nominated as aforesaid hy a firm or Jindu joint family, unless be is a member thereof or a person who is and has for at least six months been authorised to sign documents in its naine in the ordinary course of its husiness. (3) No person shall lie nominated as aforesaid by a corporation unless he is a director, managing agent or manager thereof, or the secretary thereof, or a person who is and has for at least six months been authorised to sign documents in its name in the ordinary course of its business. 11. (1) No person shall be, or be entitled to nominate persons to be, included in the electoral roll for, more than one cominerce and industry constituency. (2) If at a general election a person votes in more than one commerce and industry constituency, his votes in all those constituencies shall be void. 12. A person shall not be qualified to fill a commerce and industry, mining or planting seat unless he is included in the electoral roll for the constituency. Landholders Seats. 13. (1) The seats to be filled by representatives of landholders shall be filled by elections in the constituencies specified in the table in Part VIII of the Fourth Schedule to this Order. (2) The extent of each such constituency shall be as specified in the second coluinn of that table. (3) Ove seat shall be filled in each of those constituencies.

·36 14. A person shall not be qualified to be included in the electoral roll for a landholder's constituency unless he has a place of residence in the constituency. 15. (1) Subject to the provisions of this Order, a person shall be qualified to be included in the electoral roll for a landholders' constituency if during the previous year he either (a) within the Burdwan and Presidency divisions helil in his own right as a proprietor or as a permanent tenure holder one or more estates or shares of estates, or one or more permanent tenures or shares of such tenures held direct from a proprietor, and paid in respect thereof land revenue or rent or both amounting to not less than three thousand rupees, or road and public works cesses amounting to not less than seven hundred rupees; or (1) within the Dacea, Rajshahi anıl Chittagong divisions held in his own right us a proprietor or as a permanent tenure boliler one or more estates or shares of estates, or one or more permanent teniles or shares of such temures held direct from a proprietor, and paid in respect thereof land revenue or rent or both amounting to not less than two thousand rupees, or road and public works cesses amounting to not less than five hundred rupees : Provided that a person shall not be qualified to be included in the electoral roll for more than one landholders' constituency, and a person who would but for this provision be qualified to be included in the electoral roll for more than one such, constituency shall be included in the roll for that constituency in which he made the greatest payment of land revenue, rent or cesses, as the case may be. (2) In this paragraph "estate" means land included under oue entry in any of the general registers of revenue paying lands or revenue free lands prepared and maintained under the law for the time being in force by the collector of a district, and includes Government khas inahals, and revenue free lands not entered in any register; "permanent tenure" means a tenure which is heritable and which is not held for a limited time; "proprietor" means a person owning an estate or share of an estate. (3) In determining any question whether a person possesses any qualification by virtue of the payment of land revenue or road and public works cesses (a) estates, permanent tenures and shares of such estates and tenures within the district of the Chittagong Hill Tracts sball be left out of account;

·37 (6) an estate or share of an estate shall not be taken into account if it is registered in the name of some other person in the register maintained under the Land Registration Act, 1876; (c) if an amount of land revenue or rent, or road and public works cesses, paid in respect of any share of an estate or permanent tenure is not definitely known, the district officer of the district in which the estate or tenure is situated shall estimate the amount paid in respect of the share and his decision shall be final. (4) For the purposes of the provisions of this Order relating to landholder's seats, a mutwali or manager of a wakf estate, or a shebait of a debutter estate shall be deemed to hold that estate and make payments in respect thereof in his own right and not in a fiduciary capacity. (5) For the purposes of the said provisious any person whose estate or tenure or whose part of an estate or tenure is under the Court of Wards sball be deemed to be holding it in his own right as proprietor or as tenure holder, as the case may be, and any payment of land revenue, cess or rent in respect thereof made by the Court of Wards shall be deemed to have been made by him and any such estate or part of estate shall not be left out of account by reason that it is registered in the name of some other person. 16. If at a general election a person votes in more than one land. holder's constituency, his votes in all those constituencies shall be void. Labour Seats (other thun tea garden labour seats). 17. (1) The seats to be filled by representatives of labour, other than the seat assigued by this Order to tea garden labour, shall be filled by elections in the constituencies specified in the first column of the first and second of the tables in Part IX of the Fourth Schedule to this Order. (2) One seat shall be filled in each of those constituencies. (3) Of those constituepcies the constituencies mentioned in the first of the said tables shall be trade union constituencies, to say, constituencies the electoral rolls for which shall, in the manner hereafter provided, be based on the trade unions mentioned in the second column of that table. The trade unions on membership of which the electoral roll of a labour constituency is to be based as aforesaid are hereafter referred to as "constituent trade unions. (4) The remainder of the said constituencies (hereafter referred to as "factory or colliery constituencies') shall be non-union labour constituencies and the electoral roll for each such constituency shall be based, in the manner hereafter provided on employment at qualifying industrial establishments, that is to say, in the case of the Colliery (Coal Mines) constituency, mines and, in the case of the other constitu. encies, perennial factories, being mines or factories situated in the area mentioned in relation to the constituency in the second column of the table.

·38 18. (1) A trade union shall be deemed to be a constituent trade union if and only if it is a recognised trade union and is certified by the Governor, exercising his individual judgment to be, in the case of the Railway Trade Union constituency, & union the rules of which restrict ordinary membership to persons normally working on railways, and, in the case of the Water Transport Trade Union constituency, a union, at least 80 per cent. of the members of which are engaged in water transport and either possess certificates of discharge under Section 43 of the Indian Merchant Shipping. Act, 1923, at the port of Calcutta or Chittagong, or are ordinarily employed as masters or members of the crew of vessels used for navigation in inland waters. (2) A Trade Union shall be deemed for the purposes of this Order, to be a recognised Trade Union if and only if it is certified by the Governor exercising his individual juilginent- (a) to be a bona fide Trade Union existing wholly or mainly for industrial or provident purposes; and (6) to have been in existence for at least two years and to have been registered as a trade union for at least one year; and (c) to have had throughout the financial year preceding that in which the certificate is given at least 250 ordinary members who have paid subscriptions for the whole of that year; and (d) to have complied with any requirements imposed by or under the Indian Trade Unions Act, 1926, with respect to the inspection of its books by the registrar of trade unions and with respect to the audit of its accounts. (3) The Governor, exercising his individual judginent, shall from time to time reconsider the circumstances of the registered trade uniony operating in the l'rovince and shall revoke certificates previously issued and grant new certificates, as the circumstances may appear to him to l'equire. (4) The Governor, exercising his individual judgment, may from time to time appoint a tribunal to perform the functions conferred on him by the foregoing provisions of this paragraph and while any such appointment is in force the said provisions shall have effect as if references therein to the Governor were references to that tribunal. 19. (1) A person shall not be qualified to be included in the electoral roll for a trade union, factory or colliery labour constituency unless he has lived in the Province for a period of not less than six months in the year ending on the prescribed date: Provided that this paragraph shall not apply in relation to the Water Transport Trade Union constituency.

·39 (2) A person shall not be qualified to be included in the electoral roll for any such labour constituency if he is employed wholly or mainly in a clerical, supervisory, recruiting or administrative capacity, and Acts of the Provincial Legislature and rules may contain provisions for defining the persons who are to be treated as falling within the provisions of this paragraph. (3) A person shall not be qualified to be included in the electoral roll for the Railway Trade Union constituenry unless he is einployed within the Province, (4) Subject to the provisions of this Order a person shall be qualified to be included in the electoral roll for the Railway Trasle Union constituenry if he (a) is, and has for at least 12 months been, a member, honorary member or official of a constituent Trade Union; and (b) is not, in the case of an ordinary member of the union, in arrear with his subscription thereto. (5Subject to the provisions of this Order a person shall be qualified to be included in the electoral roll for the Water Transport Trade Union constituency if he is nominated in that behalf by the executive of a constituent Trade Union and each constituent Trade Union shall be entitled to nominate one person for each complete 500 ordinary members of the Union who are not in arrear with their subscriptions to the Union and have been menibers of the Union for not less than six months. (6) Subjert to the provisions of this Order a person shall be qualified to he included in the electoral roll for a factory constituency if on pot less than 180 days (whether successive or not) in the year ending on the prescribed date he has worked for remuneration at a rate not greater ihan Rs. 300 per month at one or more qualifying industrial establishments: Provided that a person who in the said year has not worked as aforesaid at one qualifying industrial establishment on sufficient days to qualify him for inclusion in the electoral roll shall not by reason of his employment be included in the roll unless any prescribed requirements are complied with as to the making of an application for his enrolment and its to the production of evidence of his qualification. (7) Subject to the provisions of this Order a person shall be qualified to be included in the electoral roll for the colliery constituency if he has been employed for a continuous period of not less than 60 days in the year ending on the prescribed date for remuneration at a rate not greater than Rs. 300 per month at one or more qualifying industrial establishments : Provided that a person who in the said year has not been employed as aforesaid at one qualifying establishment throughout the two months immediately preceding the prescribed date shall not by reason of his employment be included in The roll unless any prescribed requirements are complied with as to the making of an appliration for his enrolment and as to the production of evidence of his qualification. 20. (1) A person shall not be qualified to be included in the electoral roll for more than one of the trade union, factory and colliery constituencies, and any person who would but for the provisions of this ·40 paragraph be qualified to be included in more than one such roll shall be entitled to elect in which of the rolls he shall be included. (2) If at a general election a person votes in more than one such constituency, his votes in all those constituencies shall be void. 21. (1) In the case of the railway trade union constituency all electiong shall be conducted as follows- (a) there shall be a primary election to choose an electoral college consisting of one person (being a person included in the electoral roll for the constituency) for every complete two hundred persons included in that roll; and (b) the said electoral college shall proceed to elect persons to fill the seat to be filled at the election. (2) At any such primary election no person shall have more than one vote. A person shall not be qualified to be chosen to fill i seat in a trade union, factory or colliery coustiuency unless he cither-- 22. (a) is entitled to vote in the choice of a inember to fill that seat or some other labour seat; or (1) is a member, honorary niemher or official of a recognised trade union operating in the Province and, in the case of an ordinary member of such a union is not in arrear with his subscription thereto. Tea Garden Labour Scat. 23. (1) The seat to be filled by representatives of tea garden labour shall be filled by elections in the constituencies specified in the first column of the third of the tables in Part IX of the Fourth Schedule to this Order. (2) In the second column of that table are specified, in relation to each constituency, the tea gar lens (hereafter referred to as "qualifying tea gardens') on employment in which the electoral roll for the constituency is, in the manner hereafter provided, to be based. 24, (1) At the first and every fourth 'subsequent general election, the seat shall be filled in the Bengal Dooars (Western) constituency, at the second and every fourth subsequent general election, the seat shall be filled in the Darjeeling Sadar constituency, at the third and every frarth subsequent general election, the seat shall be filled in the Bengal Dooars (Eastern) constituency, and at the fourth and every fourth subsequent general election, the seat shall be filled in the Kurseong constituency. (2) Casual vacancies in the seat shall be filled in the constituency in which the seat was filled at the last preceding general election, 25. (1) Subject to the provisions of this Order, a person shall be qualified to be included in the electoral roll for any of the said stituencies, if he has during the year ending on the prescribed date worked as a permanent employee in one or more qualifying tea gardens on not less than 180 days. con- ·41 Provided that a person who in the said year has not worked as aforesaid in one tea garden on sufficient days to qualify him for inclusion in the electoral roll shall not be included in the roll unless any prescribed requirements are complied with as to the making of an application for his enrolment and as to the production of evidence of his qualification. (2) A person shall not be deemed to be working as a permanent employee in a tea garden on any day unless he is living either within the boundary of the garden or on land provided for that purpose by the owners thereof. 26. (1) A person shall not be qualified to be chosen to fill any of the said seats, unless either (a) he is a member of a qualifying tribe or caste and is entitled to vote in the choice of a member to fill some seat in the Province or some seat in the Legislative Assembly of Assam; or (b) he is a member of one of the qualifying tribes or castes comprised in Group II and is entitled to vote in the choice of a meinber to fill some seat in the Legislative Assembly of Bihar; or (c) he is a member of one of the qualifying tribes or castes comprised in Group III and is entitled to vote in the choice of a member to fill some seat in the Legislative Assembly of Orissa. (2) In this paragraph "qualifying tribe or caste" means a tribe or caste belonging to any of the following groups, that is to say :- (i roup I : --Bauri, Bhuvia. Blutiya, Ghasi, Lepcha, Nepali, Paharia, Santal, Sikkimese. (roup II:--Ahir, Asor, Bauri, Bhogta, Bhuiya, Ghasi, Gond, Ho, Kharia, Kherwar, Lohar, Díahali, Munda, Malpaharia, Santal, Sauria, Turi. Group III:-Barhi, Bhnyia, Ganda, Golla, Gonda, Kewat, Khond, Lohar, Munda, Oraon, Pan, Santal, Savara. The University Seats. Dacra 27. (1) The seats to be filled by representatives of Universities shall be filled by elections in constituencies to be called respectively the Calcutta University Constituency and the University Constituency. (2) Subject to the provisions of this Order, a person shall be qualified to be included in the electoral roll for a University Constituency, if he has a place of residence in India and either (a) is a member of the Senate of the Calcutta, or, as the case may be, of the Court of the Dacca University; or (b) has been for at least seven years a graduate of the University and was registered as such in the University Register throughout the two years immediately preceding the prescribed date :

·Provided that for the purposes of the preparation of the original electoral rolls and of any revision thereof within three years from the commencement of Part III of the Act, the following qualification shall be substituted for qualification (b) mentioned in this sub-paragraph, that is to say (b) is a graduate of the University and was registered as such in the University register, in the of the Calcutta University, on the thirtieth day of September last preceding the prescribed date, and, in the case of Dacca University, on the eighth day of July last preceding the prescribed date. case (3) A person shall not be qualified to be chosen to fill either of the said seats unless he is entitled tu vote in the choice of a member to fill it. General. 28. For the purposes of this l'art of this Order, "a place vi residence" means a place where a person ordinarily and actually resides during the greater part of the year. M. P. A. II ANKEY. THE SCHEDULES. First Schedule. Minor Amendments of the Fifth and Sixth Schedules to the Act 1. In paragraph twelve of the Fifth Schedule to the Act (which relates to the qualifications to be possessed by members of a l'rovincial Legislative Assembly) for the words "shall not be qualified to hold a seat" there shall be substituted the words "shall not be qualified to be chosen to fill a seat": 2. In paragraph six of Part I of the Sixth Schedule to the Act (which relates to the preparation of electoral rolls) the words "or vote at any clection to fill a general seat therein' shall be repealed. 3. At the end of paragraph seven of Part I of the Sixth Schedule to the Act, there shall be added the following provision: "If a person votes in more than one constituency in contravention of this paragraph, his votes in each of the constituencies shall be void." 4. For the purposes of any provision of the Sixth Schedule to the Act which requires that in certain cases a person shall not be included in an electoral roll unless an application is made by or on behalf of that person for that purpose, an application made before the date of this Order with a view to facilitating the provisional preparation of electoral rolls may be treated as a sufficient application.

·43 FOURTH SCHEDULE. BENGAL CONSTITUENCIES. 1.-Qeneral Constituoncios. Name of Constituency. Extent of Constituency. No. of seats. Scheduled Castes seats (i) Urban. Calcutta North 1 Calcutta ast 1 1 Calcutta Wost Calcutta Central 1 Calcutta South Contral 1 Calcutta South 1 Hooghly cum Ilowrah Mu. nicipal. Burlwan Division North Municipal. The Shampukur, Kumartuli, Belgachia, Satpukur and Cossipur wards of Cal. cutta, The Bartola, Sukca's Street, Boliaghatta, and Maniktala wards of Calcutta. The Jorabagan, Bura Bazar, Buw Bazar and Waterloo Strect wards of Calcutta. Tho Jorasanko, Collootola and Muchipara wards of Calcutta. The Paddapukur, Fenwick Bazar, Taltala, Kalinga, Park Street, Bainuri Buntee, Tangru, Eutally, Beniapukur and Bally. ganj wards of Culoutta. The Bhowanipur, Kalighat, Alipore, Ekbal. pur, Watganj and Hastings and Tolly. yunj warls of Calcuttu. The municipalities of the llooglily and Howrah districts. The municipalities of tint Burilwan, Birbhun, Bankura and Midnapore districts and the town of Kiaragpurin the Midnapore district. The municipalities and cantenient of tho 24-Parganasclistrict. The municipalities of the Naia, Murshidabacl, Jessore and Khulnu districts. The municipalities of the Mymensingh district and of the Rajshahi Division, excluding the municipalities and cantonments of tho Sadar, Kurscong and Kalin. pony sub-divisions of the Darjeeling dis. trict. The municipalities of the Dacca, Faridpur, and Bakarganj districts and of the Chittagong Division. 24-Pargnes Municipal .. - Presidency Division Municipal. North Bengal Municipal East Bongal Municipal .. 1 (ii) Rural. Burdwan Contral 2 1 Burdwan North-Wost 2 1 Birbhum The Soular sub-division of the Burdwan district oxcluding municipal aroas. The Kalna, Katwa and Asansol sub divisions of tho Burdwan district exclud. ing municipal areas. The Birbhum district excluding munici. pal areas. The Sudar sub-division of the Bankura district excluding municipal areas. The Bishnupur sub-division of the Ban. kura distriot excluding municipal areas. 2 1 Bankura West 2 Bankura East 1 ·Name of Constituency. Extent of Constituency: No. of seato. Scheduled Castes seats. (ii) Rural-contd. Midnaporc Central 2 Jhargram cum Ghatal 2 1 1 Midnapore East 1 Midnapore South-West 1 Midnaporo South-East 1 Hooghly North-East 2 1 Hooghly South-West 1 Howrah 1 24-Parganas South-East 2 1 The Swiar sub-division of the Midnapore district excluding municipal arcas and the town of Kharagpur. The Jhargram and Ghatal sub-divicions of the Midnapore district excluding municipal areas. Tho Tamluk sub-division of the Midnaporo district oxcluding municipal areas. Tho Egra, Ramnayar, and Contai policestations in the Contai sub-division of the Midnapore district. The Khojri, Patashpur and Bhagwanpur police-stations in the Contai sub-division of the Midnaporo district. The Sacar sub-division and the Serampore, Uttarpara, Bhaulreswar, Singur and Chanditala polico-stations in the Seram. pore sub-division of the Hooghly district excluding municipal aroas. Tho Ararnbagh sub-division and the Hari. pal, Tarkeswar and Jangipara policestations in the Serampore sub-division of the Hooghly district excluding muni. cipal areas. The Howrah district excluding municipal areas. The Sadar and Basirhat sub-divisions of the 24-Parganas district excluding muni. cipal areas. Tho Barrackpore, Barasat and Diamond Harbour Aub-divisions of tho 24. Par. ganas district excluding municipal and cantonment areas. The Nadia. district cxcluding municipal LIBAB. The Murshidabad district excluding muni. cipal areas. The Jessore district excluling municipal Tho Khulna district excluding municipal areas. The Rajshahi district excluding municipal areas. The Malda district excluding municipal arcas, The Dinajpur district excluding municipal areas, The Jalpaiguri district excluding municipal areas and tho Siliguri sub-division of the Darjeeling district. The Rangpur district excluding municipal The Bogra and Pabna districts excluding municipal areas. The Sadar and Narayanganj sub-divisions of the Dacca district excluding muni. cipal areas. 24-Parganan North-West, 2 1 Nadia 2 . Murshidabad 2 1 1 1 2 Jensore 2 1 aroas. Khulna 3 Rajshahi 1 Malda 2 1 Dinajpur 3 2 Jalpaiguri cum Siliguri 3 2 Rangpur 3 2 areas. Bogra cum Pabna 2 1 Dacca Last 2 1 ·45 Name of Constituency. Extent of Constituency. No. of seats. Scheduled Castes seats. (ii) Rural-concld. Dacca West 1 .. Mymensingh West 2 1 Mymensingh East 2 1 Faridpur 3 2 The Manikganj and Munshiganj sub-divi. sions of the Dacca district. Tho Tangail and Jamalpur sub-divisions and the Kotwali, Muktagacha, Phul. baria, Gaffargaon, Trisal and Bhaluka, police-stations of the Sadar sub-division of the Mymensingh district excluding municipal areas. The Netrakona and Kishoreganj sub-divi. sions and the Haluaghat, Phulpur, Nan. dail and (swarganj police-stations of the Sadar sub-division of the Mymensingh district excluding inunicipal areas. Tho Faridpur district oxcluding municipal The Patuakhali and Pirojpur sub-divisions of the Kakarganj district excluding municipal areas. The Sadar and Bhola sub-divisions of the Bakarganj district excluding inunicipal The Tippera district excluding municipal Tho Noakhali district excluding municipal areas. The Chittagong district excluding munici. pal areas. The Sadar, Kurseong and Kalimpong sub. divisions of the Darjeeling district. areas. Bakarganj South-West 2 1 Bakarganj North-East 1 aroas. Tippera 2 1 areas. Noakhali 1 Chittagong 1 Darjeeling 1 11.-Muhammadan Constituoncios. Name of Constituency. Extent of Constituency. No. of Beate. (1) Urban. Calcutta North 1 Calcutta South 1 .. The Shampukur, Kumartuli, Bartola, Sukoa's Street, Jorabagan, Jorasanko, Bara Bazar, Collootola, Muchipara, Bow Bazar, Paddapukur, Waterloo Street, Boliaghatta, Manik. tala, Belgachia, Satpukur and Cossipur wards of Calcutta. The Fenwick Bazar, Taltala, Kalinga, Park Street, Bamun Bustee, Tangra, Entally, Boniapukur, Ballygung, Bhowanipur, Kalighat, Alipore, Ekbalpore, Watganj and Ilastings, and Tollyganj wards of Calcutta. The municipalities of the Hooghly and Howrah districts. The municipalities and cantonment of the Bar. rackpore sub-division of the 24-Parganas district. Hooghly cum Howrah Mu. nicipal. Barrackpore Municipal 1 1 1 ·40 Name of Constituency. Extent of Constituency. No. of seats. 24-Parganas Municipal 1 (i) Urbanooncld. The municipalities of the Sadar, Barasat and Basirhat sub-divisiors of the 24 Parganas district. The municipalities of the Dacca district Dacca Municipal 1 .. (ii) Rural. Burdwan Birbhum Bankura Midnapore Hooghly 1 1 1 1 1 .. areas. Howrah 24-Parganas South 1 24-Parganas Central 24-Parganas North-East Kushtia The Burdwan district The Birbhum district The Bankura district The Midnapore district The Hooghly district, excluding municipal The Howrah district, excluding municipal areas. The Diamond Harbour sub-division and the Bishnupur, Baruipur and Jaynagar policostations of the Sadar sub-division of the 24-Parganas district, excluding municipal areas. The Tollyganj, Sonarpur, Behala, Metinbruz, Maheshtola, Canning, Budge-Budgo and Bhangar police-stations of the Sadar subdivision, the Barrackpore sub-division and tho Barasat, Amdanga and Kajarhat policostations of the Barasat sub-division of the 24. Parganas district, oxcluding niunicipal and cantonment arras. The Basirhat sub-division and the Deganga and Habra polico-stations of the Barasat sub-division of the 24-Parganas district, excluding municipal areas. The Kushtia sub-division of the Nadia district. Tho Mcherpur sub-division of the Nadia district. Tho Chuadanga sub-division and the Ranaghat and Hanskhali police-stations of the Ranaghat sub-division of tho Nadia district. Tho Sadar sub-division and tho Santipur, Chakduh and Haringhata police-stations of the Ranaghat sub-division of the Nadia district. The Sadrir sub-division of the Murshidabad district. Tho Lalbagh and Kandi sub-divisions of the Murshidabad district. The Jangipur sub-division of the Murshidabad district. The Sadar sub-division of the Jessore district. Tho Magura and Narail sub-divisions of the Jessoro district. The Bongaon sub-division of the Jessore district. The Jhenidah sub-division of the Jessoro district. 1 Meherpur 1 .. Nadia East 1 Nadia West Borhampure 1 Murshidabad South-West 1 Jangipur 1 Jessore Sadar 1 Jessore East 1 Bongaon 1 Jhonidah .

·No. Name of Constituency. Extent of Constituency. of soate. (ii) Rural contd. Khulna .. 1 .. Satkhira .. 1 Bagerhat 1 Nator 1 Rajshahi North 1 Rajshahi South 1 Rajshahi Central 1 Balurghat Thakurgaon 1 1 1 Dinajpur Central East Dinajpur Central West 1 The Sadar sub-division of the Khulna district. Tho Satkhira sub-division of the Khulna district. The Bagerhat sub-division of the Khulna district. The Nator sub-division of the Rajshahi district. The Raninagar, Naogaon, Badalgachhi, Mahadebpur and Niamatpur police-stations of the Naogaon sub-division of the Rajshahi district. The Tanor, Godagari, Boalia, Paba, Durgapur, Puthia and Charghat polico-stations of the Sadar sub-division of the Rajshahi district. The Manda and Atrai police-stations of the Naogaon sub-division and tho Bagmara and Mohanpur (Khurd) police-stations of the Sadar sub-division of the Rajshahi district, Tho Balurghat sub-division of tho Dinajpur district. Tho Thakurgaon sub-division of the Dinajpur district. The Chirirbandar, Parhatipur, Nawabganj and Ghoraghat police-stations of the Sadar sub-division of the Dinajpur district. The Dinajpur, Biral, Kaliaganj, Kushmundi, Banshihari, Itahar, Raiganj and Hem. tnbad polico-stations of the Sadar subdivision of the Dinajpur district. The Jalpaiguri and Darjeeling districts The Nilphamari sub-division of the Rangpur district. The Kotwali, Gangachara, Badarganj, Kali. ganj and Hatibandha police stations of the Sadar sub division of tho Rangpur district, The Kaunia, Pirgacha, Mitapokhur and Pirganj police-stations of the Sadar sub-division of tho Rangpur district. The Bhurangamari, Nageswari, Fulbari, Lalmonirhat and Kurigaon police-stutions of the Kurigaon sub-division of the Rangpur district. Tho Ulipur, Chilmari and Rahumari police. stations of the Kurigaon sub-division of the Rangpur district. The Sundarganj, Sadullapur and Gaibandha police-stations of tho Gaibandha subdivision of the Rangpur district. Tho Palashbari, Gobindganj, Shaghata and Fulchuri police-stations of the Gaibandha sub-division of the Rangpur district. The Shariakandi and Gabtali police-stations of the Bogra district. The Bogra, Sherpur and Dhunot police-stations of the Bogra district. The Sibganj, Khetlal and Panchbibi policestations of the Bogra district. Jalpaiguri cum Darjeeling Nilphamari 1 1 Rangpur North 1 Rangpur South 1 Kurigaon North i Kurigaon South 1 Gaibandha North 1 - Gaibandha South Bogra East 1 Bogra South Bogra North 1 ·48 Name of Constituency. Extent of Constituency. No. of Beate. Bogra West 1 Pabna East 1 Pabna Wost 1 Sorajganj South 1 Serajganj North 1 Sorajganj Contral 1 Malda North Melda South 1 Narayanganj South 1 .. Narayanganj East (ii) Rural contd. The Kahalu, Dupchanchia, Joypurhat and Adamdighi police-stations of the Bogra district. The Bera, Sujanagar, Santhia and Faridpur police-stations of the Sadar sub-division of the Pabna district. The Chatmuhar, Atgharia Pabna and Sara police-stations of the Sadar sub-division of the Pabna district. The Shahzadpur, Chauhali and Belkuchi police-stations of the Serajganj sub-division of the Pabna district. The Sorajganj and Kazipur police-stations of the Serajganj sub-division of tho Pabna district. The Kamarkhanda, Ullapara, Raiganj and Taras police-stations of the Sorajganj sub-division of the Pabna district. The Kharba, Harishchandrapur, Ratua, Manik. chak, Gajole, Malda, Bainangola, Habibpur, English Bazar and Bholahat police-stations of the Malda district. The Kaliachak, Sibganj, Nawabganj, Nacholo and Gomastapur police-stations of the Malda district. The Fatulla, Narayanganj, Baidyabazar and Rupganj polico-stations of the Narayanganj sub-division of the Dacca district excluding municipal areus. The Araihazar, Narsingdi and Sibpur policestations of tho Narayanganj sub-division of the Dacca district. The Monohardi and Raipura police-stations of the Narayanganj sub-division of the Dacca district. The Munshiganj, Tangibari and Lohajang policostations of the Munshiganj sub-division of the Dacca district. The Serajdikhan and Srinagar police-stations of the Munshiganj sub-division and the Nawabganj and Dohar police-stations of the Sadar sub-division of the Dacca dis. trict. The Manikganj, Ghior and Saturia policestations of the Manikganj sub-division and the Dhamrai police station of the Sadar subdivision of the Dacca district. The Singair, Daulatpur, Sibalaya and Hari. rampur police-stations of the Manikganj sub-division of tho Dacca district. The Kaliakoir, Sripur, Kaliganj and Kapasia police-stations of the Sadar sub-division of the Dacca district. The Sabhar, Tezgaon, Lalbagh, Keraniganj, and Joydebpur police-stations of the Sadar sub-division of the Dacca district excluding municipal aroas. The Nalitabari, Nokla and Sherpur policestations of the Jamalpur sub-division of the Mymonsingh district. 1 Narayanganj North 1 Μυ niganj. 1 Dacca South Central 1 Manikganj East 1 Manikganj Wost 1 Dacca North Central 1 Dacca Central 1 Jamalpur East 1 ·49 Name of Constituency. Extent of Constituency. No. of soata. 1 1 1 1 1 1 1 1 1 1 (ii) Rural-contd. Samalpur North The Sribardi, Dewanganj and Islampur police. stations of the Jamalpur sub-division of the Mymensingh district. Jamalpur West The Melandaha, Madarganj, and Sarishabari police-stations of the Jamalpur sub-division of the Mymensingh district. Jamalpur cum Muktagacha The Jamalpur police-station of the Jamalpur sub-division and the Muktagacha police. station of the Sadar sub-division of the My. mensingh district. Mymensingh North The Haluaghat, Phulpur and Kotwali police. stations of the Sadar sub-division of the Mymensingh district. Mymonsingh East The Tswarganj and Nandail police-stations of the Sadar sub-division of the Mymensingh district. Mymensingh South Tho Gaffargaon and Bhaluka police-stations of the Sadar sub-division of the Mymensingh district. Mymonsingh Wost Tho Phulbaria and Trisal police-stations of the Sadar sub-division of the Mymensingh district. Tangail South Tho Nagarpur, Mirzapur and Basail policestations of the Tangail sub-division of the Mymensingh district. Tangail West Tho Tangail and Kalihati police-stations of the Tangail sub-division of tho Mymensingh district. Tangail North The Chatail, Madhupur and Gopalpur policestations of tho Tangail sub-division of the Mymensingh district. Netrakona South The Kendua, Madan, Khaliajuri, Mohanganj, and Atpara police-stations of tho Netrakona sub-divisicn of the Mymensingh district. Netrakona North The Durgapur, Kalmakanda, Purbadhala, Barhatta and Notrakona police-stations of the Netrakona «sub-division of the Mymensingh district. Kishoreganj South The Hossainpur, Pakundia, and Kathiadi police-stations of the Kishoreganj subdivision of the Mymensingh district. Kishoreganj North The Kishoreganj, Karimganj, Tarail and Itna police-stations of tho Kishoreganj sub. division of the Mymensingh district. Kishoreganj East The Astagram, Nikli, Bajitpur, Bhairab-bazar, and Kuliarchar police-stations of tho Kishoreganj sub-division of the Mymensingh district. Gopalganj The Gopalganj sub-division of the Faridpur district. Goalundo The Goalundo sub-division of the Faridpur district. Faridpur West The Faridpur, Charbhadrasan, Nagarkanda, and Bhusna police-stations of the Sadar sub. division of the Faridpur district. Faridpur East The Sadarpur and Bhanga police stations of the Sadar sub-division and the Sibchar police-station of the Madaripur sub-division of the Faridpur district. 1 1 1 . 1 1 .. 1 I . 1 1 -- ·50 Name of Constituency. Extent of Constituency. No. of seats. (ii) Rural-contd. Madaripur West 1 Madaripur East 1 Patuakhali North 1 Patuakhali South 1 Pirojpur South 1 Pirojpur North 1 Bakarganj North 1 Bakarganj South 1 Bakarganj Wost 1 Bhola North 1 Tho Rajair, Madaripur, Kalkini and Palong police-stations of the Madaripur subdivision of the Faridpur district. The Gosairhat, Bhedarganj, Naria and Janjira police-stations of the Madaripur sub-division of the Faridpur district. The Bauphal, Patuakhali, Mirzaganj and Betagi police-stations of the Patuakhali Bub-division of the Bakarganj district, The Barguna, Amtoli, and Galachipa police. stations of the Patuakhali sub-division of the Bakarganj district. The Patharghata, Mathbaria, Bamna, Bhandaria and Kathalia police-stations of the Pirojpur sub-division of the Bakarganj district. The Pirojpur, Nazirpur, Swarupkati, Banari. para and Kowkhali police-stations of the Pirojpur sub-division of the Bakarganj district. The Mehendiganj, Muladi and Hizla policestations of the Sadar sub-division of the Bakarganj district. The Bakarganj, Rajapur, Nalchiti and Jhalakati police-stations of the Sadar sub-division of the Bakarganj district. The Barisal, Babuganj, Uzirpur and Gaurnadi polico-stations of the Sadar sub-division of the Bakarganj district. The Bhola and Daulatkhan police-stations of the Dakshin Shabazpur sub-division of the Bakarganj district. The Baranadi, Tazumaddin and Lalmohan police-stations of tho Dakshin Shabazpur sub-division of the Bakarganj district. The Nasirnagar, Sarail Brahmanbaria police-stations of tho Brahmanbaria subdivision of the Tippera district. The Bancharampur and Nabinagar police. stations of the Brahmasıbaria sub-division of the Tippora district. The Kasba police-station of the Brahmanbaria sub-division and the Burichang policestation of the Sadar sub-division of the Tippera district. The Debiduar and Muradnagar police-stations of the Sejar sub-division of the Tippora district. The Homna and Daudkandi police-stations of the Sadar sub-division of the Tippera district. The Chanding and Comilla police-stations of the Sadar sub-division of the Tippera district. The Laksham and Chaudagram police-stations of the Sadar sub-division of the Tippera district. The Hajiganj and Kachua polico-stations of the Chandpur sub-division of the Tippera district. Bhola South 1 Brahmanbaria North 1 Brahmanbaria South 1 Tippora North-East 1 .. Tippera North 1 Tippera West 1 Tippera Central .. Tippera South 1 Chandpur East 1 ·51 Name of Constituency. Extent of Constituency. No. of Boats, Chandpur West 1 .. Matlabbazar Noakhali North 1 .. Noakhali Central 1 Ramganj cum Raipur 1 Noakhali West 1 Noakhali South (ii) Rural concld. The Chandpur and Faridganj police-stations of the Chandpur suh-division of the Tippera district. The Matlabbazar police-station of the Chand. pur sub-division of the Tippera district. The Begamganj and Senbagh police-stations of the Sadar sub-division of the Noakhali district. The Sudharam and Companyganj policestations of the Sadar sub-division and the Sonagazi police-station of the Foni sub. division of the Noakhali district. The Ramganj and Raipur police-stations of the Sadar sub-division of the Noakhali district. The Lakshmipur and Ramgati police-stations of the Sadar sub-division of the Noakhali district. The Hatiya and Sandwip police stations of the Sadar sub-division of the Noakhali district. The Foni, Pashuram and Chhagalnaya police-stations of tho Feni sub-division of the Noakhali district. The Cox's Bazar sub-division of the Chitta. gong district. The Shtkania, Banskhali and Anwara police. stations of the Sadar sub-division of the Chittagong district. The Patiya, Boalkhali and Rangania police. stations of the Sadar sub-division of the Chittagong district. The Roojan, Hathazari and Fatikchari policestations of tho Sadar sub-division of the Chittagong district. The Sitakund, Mirsarai, Chittagong, Double Moorings and l'achalais polico-stations of the Sadar sub-division of the Chittagong district. 1 Feni 1 Cox's Bazar 1 Chittagong South 1 Chittagong South Central 1 Chittagong North-East 1 Chittagong North-West ܝܝܙ III. Womon's Constituencies. Name of Constituency. Extent of Constituency. No. of seats. Caloutta (Genoral) 1 (i) General Urban. Part I.-Tho aroa bounded on the North by Grey Street, on the South by Bow Bazar Streot, on the East by Upper Circular Road and on the West by Chittaranjan Avenue with extension up to Grey Street. Part II.-The area bounded on the North by Park Stroot, on the South and East by Lower Circular Road and on the West by Chowringhee Road. Part III. -The Ballygunj, Bhowanipore, Ali. pore and Tollyganj wards of Calcutta. The municipalities in the Dacca district Dacca (Goneral) 1 ·52 Name of Constituency. Extent of Constituency. No. of seats, (ii) Muhammadan Urban, Calcutta (Muhammadan) 1 Calcutta as defined in section 3 (11) of the Calcutta Municipal Act, 1923. The municipalities in the Dacca district Dacca (Muhammadan) 1 IV.-Anglo-Indian Constituency. Name of Constituency. Extent of Constituency. No. of seats. Anglo-Indian one The Presidency of Bongal excluding the Chitta- 4 (includgong Hill Tracts. ing women's soat). V.-European Constituencies, No. Name of Constituoncy. Extont of Constituency. of seats. Burdwan Division 1 Hooghly cum Howrah Calcutta and Suburbs Presidency Division 1 The Burdwan Division, oxcluding the Hooghly and Howrah districts. The Hooghly and Howrah districts Culcutta as defined in section 3 (11) of the Calcutta Municipal Act, 1923, and the Tollyganj, South Suburban and Garden Reach municipalities of the 24-Parganas district. The Presidency Division, excluding Calcutta and the Tollyganj, South Suburban and Garden Reach municipalitios of tho 24-Parganas district. Tho Rajshahi Division. excluding the Dar. jccling district The Darjeeling district The Dacca Division The Chittagong Division, excluding the Chittagong Hill Tracts. . Rajshahi Division 1 1 Darjeeling Dacca Division Chittagong Division 1 VI. Indian Christian Constituencies. Name of Constituency. Extent of Constituency. No. of seats. No med Calcutta cum Presidency | The Presidency Division including Calcutta Division. Dacca Division The Dacca Division 1 ·53 11.-Commerce and Industry Constituenciou, Name of Constituency. Extent of Constituency. No. of seats. Non-torritorial 7 Do. 2 .. Do. 2 Bengal Chamber of Commerce. Calcutta Trades Association. Indian Jute Mille Associa. tion, Indian Tea Association .. Indian Mining Association Bengal National Chamber of Commorce. Indian Chamber of Commerce. Marwari Association Muslim Chamber of Com. morce. Do. Do. Do. ::: 2 1 2 Do. 1 Do. Do. 1 VIII.-Landholders' Constituencies. Name of Constituency. Extont of Constituency. No. of Beate. Burdwan Landholders Presidency Landholders Rajshahi Landholders Dacca Landholdors Chittagong Landholders Tho Burdwan Division The Prosidoncy Division The Rajshahi Division The Dacca Division The Chittagong Division, excluding the Chittagong Hill Tracts. 1 I IX.- Labour Constituencios. Name of Constituency. Extent of Constituency. No. of Beate. 1 (i) Trade Union Labour. Railway Trade Union Rogistered trade unions of railway workers operating in the Province. Water Transport Trade Registered trade unions of water transport Union. workers operating in the Province. 1 ·54 Name of Constituenoy. Extent of Constituency. No. of soate. (ii) Factory and Colliery Labour. 1 1 1 .. Calcutta and Suburbs (Re Calcutta and the Sadar sub-division of the gistered factorios). 24-Parganas district. Barrackpore (Registered The Barrackpore sub-division of the 24- factorios). Parganas district. Howrah (Registored fac. The Howrah district tories). Hooghly cun Serampore The Sadar and Seraniporo sub-divisions of (Registered factories). the Hooghly district. Colliory (Coal Mines) The Asansol sub-division of the Burdwan district. (iii) Tea Garden Labour. First election. Bengal Dooars (Western) The following tea gardens :- Good Hope alias Sisubari. Dam Dim. Ranicherra. Kumlai. Rangamati. Gurjangjhora. Hahaipotha. New Glencoo. Sylee. Nodam. Second election, Darjoeling Sadar .. The following tea gardens : Arya. Stointhal. Happy Valley. Windsor. Phoobsering. Singtom. Soom. Patubong. Rungncet. Pandam, Bannockburn. Bloomfield. 1 Third election. Bengal Dooars (Eastern) Tho following tea gardens :- Atiabari, Bhatkawa. Rajabhat. Dima. Kalchini, Chuapara. Mechpara. Bhatpara. Radharani. Madhu. Satali.

·55 Name of Constituency. Extent of Constituency. No. of seats. (iii) Tea Garden Labour-copold. Fourth election. Kurnoong The following tea gardens : Maharani. Edenvale. Singell. Monteviot. Makaibari. Ambootia. Springside. Castleton. Giddapahar. Murbong. Sopoydhura. 1 X.-University Constituencies. Name of Constituency. Extent of Constituency. No. of seats. Calcutta University Dacca University Non territorial Do. :: :: 1 1

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·The Government of India (Provincial Legislative Councils) Order, 1936.

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·The Government of India (Provincial Legislative Councils) Order, 1936. At the Court at Buckingham Palace, the 30th day of April 1936. Present: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by section two hundred and pinety-one of, and the Fifth Schedule to, the Government of India Act, 1935 (hereafter in this Order referred to as "the Act”) His Majesty in Council is empowered to make provision with respect to certain inatters connected with Provincial Legislative Councils : a AND WHEREAS draft of this Order has been laid before Parliament in accordance with the provisions of sub-section (1) of section three hundred and nine of the Act and an address bas been presented to His Majesty by both Houses of Parliament praying that an Order may be made in the terms of this Order: NOW, THEREFORE, His Majesty, in the exercise of the powers conferred on him as aforesaid and of all other powers enabling him in that behalf, is pleased by and with the advice of his Privy Council to order, and it is hereby ordered as follows :- Part 1.- Introductory and General. Introductory. 1. This Order may be cited as "The Government of India (Provincial Legislative Councils) Order, 1936." 2.-(1) In this Order, except where the context otherwise requires “Executive Council" means the Executive Council of the Governor-General or a Governor; "Legislature" includes any Legislature or Legislative Council under the Government of India Act, or any Act repealed by th:t Act; "Minister" means & Minister under the Act or the Government of India Act;

·60 "prescribed," except in the phrase "the prescribed dato,” means prescribed by an Act of the Provincial Legislature or by rules ; "rules" means rules made by the Governor under paragraph twenty of the Fifth Schedule to the Act; "total income" means total income as computed for the purposes of the Indian Income Tax Act, 1922; and, subject as aforesaid and to any other provisions of this Order, expressions to which a meaning is assigned by the Sixth Schedule to the Act, either generally or in relation to any particular Province, chave except where the context otherwise requires, the same meanings for the purposes of this Order, either generally or in relation to that Province, as the case may be. (2) The fact that one of two constituencies is an urban and the other a rural constituency shall not prevent them being deemed to be constituencies of same communal description, if they are both general constituencies or constituencies assigned to a specified community and the expression seat of the same communal description" shall be construed accordingly. (3) For the purposes of any reference in this Order to persons assessed to income tax in any financial year and having in the year in respect of which the assessment was made a total income of not less than a specified amount, a person who is a partner in a firm which is assessed to income tax shall be deemed to be himself assessed in respect of his share of the firm's income on which income tax is so assessed, and the amount to be included in his total income in respect of that share shall be such sum as may be certified in the prescribed manner. (4) Any reference in this Order to all or any of the provisions of any Indian Act shall be construed as a reference to those provisions as amended by or under any other Act, or, if those provisions are repealed and re-enacted with or without modification, to the provisions so re-enacted. (5) If the boundaries of any district or other administrative area mentioned in this Order are altered, any reference in this Order to that district or area shall, as from such date or dates as may be fixed by the Governor, exercising his individual judgment, either for all purposes, or for particular purposes, of this Order, be taken as a reference to the district or area as altered. (6) If any question arises with respect to any qualification dependent on the holding of a title, order or decoration, the question shall be referred to the Governor-General discretion and his decision shall be final. (7) The Interpretation Act, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. in his Delimitation of Territorial Constituencies. 3.-(1) The territorial constituencies for the election of persons to fill seats in the Provincial Legislative Councils shall be as specified in the tables in the Schedule to this Order.

·61 (2) Any reference in this part of this Order to a territorial constituency shall be construed as a reference to one of the territorial constituencies aforesaid, and any reference in any of the subsequent Parts of this Order to a territorial constituency shall be construed as a reference to one of the said constituencies for the Province to which the part in question relates. (3) In the case of Madras and Bombay the number of seats to be filled by elections in the various territorial constituencies shall be as specified in the third in the third column of Parts I and II of the Schedule to this Order. In the case of Bengal, the United Provinces, Bihar and Assam one seat shall be filled by an election in each constituency, except that in Bengal three seats shall be so filled in the European constituency. There shall be an electoral roll for every territorial constituency, and no person who is not, and except as expressly provided by the l'ifth Schedule to the Act and this Order, every person who is, for the time being included in the electoral roll for any such constituency shall be entitled to vote in that constituency. 5. The electoral rolls for the territorial constituencies shall be made up and from time to time in whole or in part revised by reference to such date, in this Order referred to as "the prescribed date," as may be directed in each case by the Governor, exercising his individual judgment. 6. No person shall be iucluded in the electoral roll for any territorial constituency unless he has attained the age of twentyone years and is either- (a) a British subject; or (b) the Ruler or a subject of a Federated State; or (c) if and so far as it is so prescribed with respect to any Province, and subject to any prescribed conditions, tho Ruler or a subject of any other Indian State. 7. No person shall be included in the electoral roll for, or vote at any election in, any territorial constituency if he is of unsound mind and stands so declared by a competent Court. 8. No person shall be included in the electoral roll for a Muhammadan constituency, a European constituency or an Indian Christian constituency unless he is a Muhammadan, a European or an Indian Christian, as the case may be. 8. No person who is or is entitled to be included in the electoral roll for any Muhammadan constituency, European constituency or Indian Christian constituency in any Province shall be included in the electoral roll for a general constituency in that Province.

·62 10. Notwithstanding anything in the Indian Income-tax Act, 1922, it shall be the duty of the appropriate income tax officers to give to any person charged by law with the duty of enquiring into the qualifications of electors, such information as is necessary for the purpose of enabling him to discharge that duty. 11.-(1) No person shall in any Province (a) at the first elections held for the purpose of constituting the Legislative Council of that Province; or (6) at the elections held in every third year thereafter to fill the seats of members retiring on the expiration of their respective terms of office, vote in more than one territorial constituency, and if any person votes in more than one territorial constituency in contravention of the provisions of this paragraph, his votes in all those constituencies shall be void. (2) In each Province such provisions, if any, as may be prescribed shall have effect for the purpose of preventing persons being included in the electoral roll for more than one territorial donstituency. (3) No person shall at any election vote more than once in the same territorial constituency and, if he does so, all his votes in nat constituency shall be void. 12. No person shall be included in the electoral roll for, or vote at any election in, a territorial constituency if he is for the time being disqualified from voting under the provisions of any such Order in Council, Act of the Provincial Legislature or rules made by the Governor as may be made or passed under the Act with respect to corrupt practices and other offences in connection with elections, and the name of any person who becomes so disqualified shall forthwith be struck off all the electoral rolls for territorial constituencies in which it may be included. 13. No person shall vote at an election in a territorial constituency if he is for the time being undergoing a sentence of transportation, penal servitude or impNsonment. 14. The following provisions shall have effect with respect to the enfranchisement of women in respect of the qualifications of their husbands : in an (a) & woman who, at the date of the death of her husband. is included electoral roll for a territorial constituency by virtue of his qualifications shall, notwithstanding anything in the subsequent provisions of this Order, continue to be on the roll for that constituency unless she remarries or becomes disqualified under the foregoing provisions of this Order for inclusion in that roll: (6) not more than one woman shall, at any one time, appear on the electoral rolls for the territorial constituencies ·63 of a Province in respect of the qualifications of any particular man, and any question which of several women is to be gelected for inclusion shall be determined in the prescribed manner: Provided that, if a woman, who is entitled by virtue of subparagraph (a) of this paragraph to remain on the roll of a territorial constituency, changes her place of residence, then, if she so desires, she may, on any subsequent revision of the roll, be transferred to the roll of auch other territorial constituency as may be appropriate. 15. For the purposes of this Order any property owned, held or occupied or payment made by, or assessment made on, a person as a trustee, guardian, administrator or receiver, or in any other fiduciary capacity, shall, except as otherwise expressly provided in this Order, be left out of account. Qualifications of Candidates. 16.-(1) The provisions of this paragraph shall have effect with respect to the qualifications to be possessed by members of the Legislative Council of a Province. (2) A person shall not be qualified to be chosen to fill a seat which is filled by an election in a territorial constituency unlegs he is entitled to vote in the choice of a member to fill that seat or any other seat of the same communal description in the same Council. (3) A person shall not be qualified to be chosen to fill a seat to be filled by a person elected by the members of the Legislative Assembly of a Province unless he is entitled to vote in the choice of a member to fill some seat in the Legislative Council of that Province. (4) A person shall be qualified to be chosen to fill a seat which is to be filled by a person chosen by the Governor in his discretion if he is resident in the Province and is not disqualified to hold a seat by any of the provisions of the Act. General. 17.-(1) The dates on which nominations are to be made and scrutinised, polls held and other acts done in connection with elections to a Provincial Legislative Council shall be fixed by the Governor in his discretion. (2) Nothing in this paragraph shall be construed as preventing Acts of the Provincial Legislature or rules from making general provision with respect to the intervals which are to elapse between the successive stages of an election. 18. At an election in a territorial constituency where more than one seat is to be filled on a poll a voter shall have as many ·64 votes as there are seats to be filled and may give all those votes to any one candidate, or may distribute them between such candidates in such manner as he thinks fit: Provided that in the European constituency in Bengal a voter shall not give more than one vote to any one candidate. 19. If, when a poll has been taken at an election, an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of the candidates to be declared elected, one additional vote shall be given by the Returning Officer to the candidate, or, as the case may be, the candidates, selected by lot drawn in the presence of the Returning Officer in such manner as he may determine. 20. At any election by the members of a Provincial Legislative Assembly to fill seats in the Provincial Legislative Council, the returning officer shall be nominated by the Governor in his discretion, and nominations shall be made and scrutinised, polls held, and other acts done in connection with the election to, by, or before the returning officer, or persons who are under his control or have been placed thereunder for the purposes of the election. 21. If a person is elected to more than one seat in a Provincial Legislative Council, then, unless within the prescribed time he resigns all but one of the seats, all the seats shall become vacant. 22. The Governor of a Province may at any time vary the name assigned to a territorial constituency if for any reason he deems it expedient so to do. 23. Anything which under the provisions of the Act, or of this Order, is required or authorised to be done by, to or before the Governor of a Province in connection with the preparation of the electoral rolls or the holding of elections, or otherwise for the purpose of constituting the Legislative Council of the province in due time (whether or not the Governor is to act in his discretion or to exercise his individual judgment) shall, before the commencement of Part III of the Act, be done by, to or before the Governor in Council. Part IV.-Bengal. Requirement as to Residence. 1.-(1) A person shall not be qualified to be included in the electoral roll for any territoxial constituency unless he has a place of residence in that constituency : Provided that in the case of a European constituency, the provisions of this paragraph shall be deemed to be complied with in relation to any person if he is actually employed anywhere in Bengal but is absent from Bengal on leave from his employment. (2) In this paragraph "a place of residence" means a place where a person ordinarily and actually resides during the greater part of the year.

·60 Ordinary Qualifications. on 2. Subject to the provisions of Part I of this Order and to any overriding provisions of this part of this Order, a person shall be qualified to be included in the electoral roll for any territorial constituency if he either (@) was in the previous financial year assessed to income-tax and had in the year in respect of which the assessment was made a total income of not less than five thousand rupees; or (6) holds any title, order or decoration conferred by or behalf of His Majesty, not being lower than Diwan Bahadur, Sardar Bahadur, Khan Babadur, Rai Babadur, or Rao Bahadur; or (c) has been awarded by any Government in British India a civil, military or political pension of not less than two hundred and fifty rupees per month; or (el) is or has been either (i) a non-official member of any Legislature in British India; or (ii) a member of an Executive Council or a Minister in British India; or (iii) a Chancellor, Pro-Chancellor, Vice-Chancellor, Pro-Vice-Chancellor, Fellow Honorary Fellow of, or a meniber of the Senate or Court of, any University constituted by law in British India; or (iv) a judge of the Federal Court or any High Court, Chief Court or Judicial Commissioner's Court in British India; or (v) the muyor or sheriff of Madras, Calcutta or Boinbay; or (vi) the non-oflicial chairman or vice-chairman of a municipality in the Province constituted under the Bengal Municipal Act, 1884, or the Bengal Municipal Act, 1932, or of a district board in the Province established under the Bengal Local Self-Government Act of 1885; or (vii) the non-official chairman, deputy chairman or vice-chairman of any co-operative central bank or union, or Provincial co-operative federation, which is a registered society within the meaning of section two of the Co-operative Societies Act, 1912, and does not operate solely outside the Province. or ·66 as a Additional Qualifications for non-Muhammadan Constituencies. 3. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency which is not a Muhanınadan constituency if he either- (a) within the Burdwan and Presidency Divisions held during the previous year in his own right as proprietor or permanent tenure holder one or more estates or shares of estates, or one or more permanent tenures or shares of such tenures held direct from a proprietor, and paid in respect tihereof land revenue or rent or both announting to not less than two thousand rupees, road and public works cesses amounting to not less than five hundred rupees; or (6) within the Dacca, Rajshahi and Chittagong Divisions, held during the previous year in his own right as a proprietor or permanent tenure holder one estates or shares of estates, or one or more permanent tenures or shares of such tenures held direct from a proprietor, and paid in respect thereof land revenue or rent or both amounting to not less than fifteen hundred rupees, or road and public works amounting to not less than three hundred and fifty rupces. or or more cesses Additional Qualifications for Muhammadan Constituencies. 4. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any Muhammadan territorial constituency, if within the Province he held during the previous year in his own right as a proprietor or as a permanent tenure holder one or more estates or shares of estates, or one or more permanent tenures or shares of such tenures held direct from a proprietor, and paid in respect thereof land revenue or rent or both amounting to not less than two hundred and fifty rupees, or road and public works cesses amounting to not less than fifty rupees. Additional Qualifications for Women. 5. Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any territorial constituency if her husband possesses the qualifications requisite for the purposes of this paragraph. 6. A husband shall be deemed to possess the qualifications requisite for the purposes of the last foregoing paragraph if he holds any such title, order or decoration, or has been awarded any such pension, as is mentioned in sub-paragraphs (6) and (c) of paragraph two of this Part of this Order.

·67 7. A husband who is not a Muhammadan shall be deemed also to possess the qualifications requisite for the said purposes if he either (a) was during the previous financial year assessed to incometax and had in the year in respect of which the assessment was made a total income of not less than twelve thousand rupees; or (6) within the Burdwan and Presidency Divisions held during previous year in his own right as a proprietor one or more estates or shares of estates and paid in respect thereof land revenue amounting to not less than seven thousand five hundred rupees or road and public works cesses amounting to not less than one thousand eight hundred and seventy-five rupees; or (c) within the Dacra, Rajshahi and Chittagong Divisions held during the previous year in his own right right as proprietor one or more estates or shares of estates or one or more permanent tenures or shares of such tenures held direct froin the proprietor, and paid in respect thereof land revenue aniounting to not less than five thousand rupees or road and public works casses amounting to not less than one thousand two hundred and fifty rupees. 8. A husband who is a Muhammadan shall be deemed also to possess the qualifications requisite for the said purposes if he oither (a) was during the previous year assessed to income-tax and had in the year in respect of which the assessment was made a total income of not less than six thousand rupees; or (6) held within the Province during the previous year in his own right as a proprietor or a permanent tenure holder one or more estates or shares of estates or one or more permanent tenures or shares of such tenures held direct from the proprietor, and paid in respect thereof land revenue amounting to not less than six hundred rupees or road and public works cesses amounting to not less than one hundred and twenty-five rupees. Interpretation, &c. 9.-(1) In this Order, in relation to Bengal- "estate" means land included under one entry in any of the general registers of revenue-paying lands or revenue-free lands prepared and maintained under the law for the time being in force by the collector of a district, and includes government khas nahals and revenue-free lands not entered in any register; "permanent tenure" means a tenure which is heritable and which is not held for a limited time; “proprietor" means a person owning an estate or share of an estate.

·68 or (2) In determining any question whether a person possesses any qualification by virtue of the payment of land revenue or rent, road and public works cesses (a) estates, permanent tenures and shares of such estates and tenures within the district of the Chittagong Hill Tracts shall be left out of account; (b) an estate or share of an estate shall not be taken into account if it is registered in the name of some other person in the registers maintained under the Land Registration Act, 1876; (c) if the amount of land revenue or rent or road and public works cesses paid in respect of any share of an estate permanent tenure is not definitely known, the district officer of the district in which the estate or tenure is situated shall estimate the amount paid in respect of the share and his decision shall be final. (3) For the purposes of this Part of this Order a mutwali or manager of a wakf estate, or a shebait of a debattar estate, shall be deemed to hold that estate and make payments in thereof in his own right and not in a fiduciary capacity. (4) Where property is held or payments are made jointly by, or assessments are made jointly on, the members of a joint family, the family shall be adopted as the unit for deciding whether the requisite qualification exists, and, if it does exist, the person qualified shall be, in the case of a l'indu joint family, the manager thereof, and in other cases the member authorised in that behalf by the family themselves : Provided that this sub-paragraph shall not apply where members of a joint family have separato accommodation and separate messing and in any such case any reference in this part of this Order to any property, payment or assessment shall be construed as a reference to each member's share of that property, payment or assessment. M. P. A. Ilankey.

·69 THE SOHEDULL. PART III. Bengal Constituenclos. Name of Constituency. Extent of Constituency. IA.-Goneral Constituoncios (Urban). Calcutta Calcutta as defined in section 3(11) of the Cal. cutta Municipal Act, 1923. Calcutta Suburbs The municipalities and cantonment of the 24-Parganas district and the municipalities of the Hooghly and Howrah districts. IB.-Qeneral Constituencies (Rural). Burdwan Division South-West The Bankura and Midnapore districts. Burdwan Division North-East Presidency Division Rajshahi Division North-West The Burdwan, Birbhum, Hooghly and Howrah districts, excluding the municipalities of the Hooghly and Howrah districts. The Presidency Division excluding Calcutta and thie municipalities and cantonment of the 24-Parganas district. The Dinajpur, Jalpaiguri and Darjceling districts. The Rajshahi, Rangpur, Bogra, Pabna and Malda districts. The Dacca and Mymensingh districts. The Faridpur and Bukarganj districts. The Chittagong Division, excluding the Chitta. gong Hill Tracts. Rajshahi Division South-East Dacca Division North Dacca Division South Chittagong Division IIA. Muhammadan Constituencias (Urban). Calcutta and Suburbs . Calcutta as defined in section 3(11) of tho Calcutta Municipal Act, 1923, and the municipalities and cantonment of the 24-Par. ganas district, and the municipalities of the Hooghly and Howrah districts.

·70 Name of Constituency. Extent of Constituenoy. IIB.-Muhammadan Constituencios (Rural). Burdwan Division The Burdwan Division excluding the muni. cipalitics of the Hooghly and Howrah districts. Presidency Division South The 24-Parganus district (excluding municipal and cantonment areas), and the Jessore and Khulna districts. Presidency Division North The Nadia and Murshidabad districts. Rajshahi cum Malda The Rajshahi and Malda districts. .. Rajshahi Division North The Dinajpur, Jalpaiguri and Darjeeling districts. Rangpur The Rangpur district. .. Bogra cum Pabna Dacoa North-West The Bogra and Pabna districts. Thc Sadar and Manikganj subdivisions of the Dacca district. . Dacca South-East The Narayanganj and Munshiganj subdivisions of the Ducca district. Mymensingh Wost The Jamalpur and Tangail subdivisions of the Mymensingh district. Mymensingh East The Sadar, Netrakona and Kishoreganj subdivisions of the Mymensingh district. The Faridpur district. Faridpur .. Bakarganj The Bakarganj district. Tippera The Tippera district. Noakhali The Noakhali district. Chittagong The Chittagong district. III.- European Constituency. European The whole Province, cxcluding the Chittagong Hill Tracts.

·The Government of India (Commencement and Transitory Provisions) Order, 1936.

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·The Government of India (Commencement and Transitory Provisions) Order, 1936. At the Court at Buckingham Palace, the 3rd day of July, 1936. PRESENT : THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by section three hundred and twenty of the Government of India Act, 1935 (hereafter in this Order referred to as "the new Act”) it is provided that the provisions of that Act other than those of Part II thereof shall, subject to any express provision to the contrary, come into force on a date to be appointed by His Majesty in Council for the commencement of Part III thereof, but His Majesty in Council is empowered to fix an earlier or later date for the coming into operation, either generally or for particular purposes, of any particular provisions of the Act: as AND WIIEREAS by section three hundred and ten of the new Act His Majesty in Council is empowered, for the purpose of facilitating tho transition to the provisions of the new Act from the provisions of the (iovernment of India Act (hereafter in this Order referred to "the old Act''), to direct that the new Act and any provisions of the old Act still in force shall, during a limited period, have effect subject to adaptations and modifications, to make with respect to a limited period temporary provision for ensuring that during and after the transition There are available to all Governments in India sufficient revenues to enable the business of those Governments to be carried on, and to make other temporary provisions for the purposes of removing any difficulties arising in relation to the transition : . AND WIIEREAS a draft of this Order was laid before Parliament in accordance with the provisions of sub-section (1) of section three hundred and nine of the new Act and an Address bas been presented to Ilis Majesty by both Houses of Parliament praying that an Order may be made in the terms of this Order: NOW, TIIEREFORE, IIis Majesty, in the exercise of the said powers and of all other powers enabling him in that behalf, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows: 1. This Order may be cited as "The Government of India (Commencement and Transitory Provisions) Order, 1936."

·74 2. The Interpretation Act, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 3. (1) The provisions of the new Act, other than those of Part II thereof and other than those referred to in the next succeeding subparagraph, shall, subject to the provisions of that Act and of this and any other Ordor in Council made thereunder, come into force on the first day of April, nineteen hundred and thirty-seven, and accordingly that date is the date referred to in that Act as the date of the commencement of Part III thereof. (2) The provisions of Part VIII of the new Act, of Chapter I of Part IX of that Act, and of the Eighth Schedule to that Act, shall come into force on such dates us His Majesty in Council may hereafter appoint, and section two hundred and thirty-two of that Act shall not come into force until the establishment of the Federation. (3) In this paragraph the reference to Part II of the new Act shall be deemed to include a reference to the First and Second Schedules thereto and to so much of the Third Schedule thereto as relates to the Governor-General. 4. (1) So far as may be necessary for the purpose of enabling the members of all the Provincial Legislatures to be duly chosen in time for those Legislatures to be ready to meet by the commencement of Part III of the new Act (a) the provisions of Parts III and XII of, and of the Fifth and Sixth Schedules to, the new Act shall (so far as those provisions are not already in force) come into force on the date of the making of this Order; and (6) any Orders in Council or rules made under the new Act with respect to those Legislatures, whether before or after the making of this Order, shall come, or, as the case may be, be deemed to have come, into operation at the date of the making of the Orders or rules in question, and shall authorise or, as the case may be, be deemed to have authorised the giving of any notice or direction, and the taking of any other step given or taken in anticipation of the making or coming into force of the Orders or Rules in question. (2) References in sub-section (2) of section sixty-eight of of the now Act to the Federal Legislature shall during the period before the commencement of Part III of that Act (as well as during the period in which Part XIII of that Act is in force) be construed as references to the Indian Legislature. (3) For tho avoidance of doubt it is hereby declared that a person who has been chosen to be a member of the Legislative Assembly of Bengal or of the Legislative Assembly of Bihar may, before the commencement of Part III of the new Act, take part in an election to choose members of the Legislative Council of the Province notwithstanding that he has not taken his seat or taken the oath prescribed by section sixty-seven of the new Act.

·76 5. (1) The Governor of each Province may in his discretion from: time to time authorise such expenditure from the revenues of the Province as he deems necessary to enable the business of the Provincial Government to be carried on between the commencement of Part III of the new Act and the date on which a schedule of authorised expenditure is authenticated in accordance with the provisions of section eighty of the new Act, or until the expiration of six months from the commencement of Part III of the new Act, whichever first occurs : Provided that, except with the consent of the Governor-General in his discretion, the expenditure so authorised shall not exceed one-half of the total expenditure from the revenues of the Province in the previous financial year as shown in the revised estimates for that year. (2) The expenditure authorised under the preceding sub-paragraph. shall be included under the appropriate heads in the first estimates of ture laid before the Provincial Legislature under section soventyeight of the new Act, and tho provisions of that section and of sectionsseventy-nine and eighty of that Aot shall apply in relation thereto: Provided that any expenditure so authorised shall, so far as regards moneys paid and liabilities incurred before the date on which a schedule of authorised expenditure is authenticated in accordance with the provisions of the said section eighty, be deemed for all purposes of the new Act to have been duly authorised notwithstanding that it may not be included in the Schedule so authenticated. (3) The following provisions of this sub-paragraph shall apply in relation to any expendituro incurred from the revenues of a Province in respect of a period before the commencement of Part III of the new Act in excess of the expenditure authorised in respect of that periocł under the relevant provisions of the old Act, (a) the Governor of the Province may, in his discretion, at any time before the expiration of six months from the commencement of Part III of the new Act declare any such expenditure to have been duly authorised; and (6) in so far as no such declaration has been made, the provisions of section eighty-one of tho new Act (which relates to supplementary statements of expenditure) shall apply in relation to any such expendituro as they apply in relation to expendituro in respect of financial years after the commencement of the said Part III. 6. The Governor of each Province in his discretion may by public notification continue for a period not exceeding twelve months from the commencement of Part III of the new Act any taxation which was being levied for the purposes of the Province and would otherwise expire, without prejudice, however, to the powers of the Provincial Legislature as to the imposition and remission of taxation. 7. Before the first general elections are held to choose the members of the Legislative Assembly of any Province, the Governor shall prorogue the existing Legislative Council, if any, of that Province until the first day of April, nineteen hundred and thirty-seven, and on the ·76 commencement of Part III of the new Act the Council shall matically be dissolved. The reference in this paragraph to elections held to choose members of a Legislative Assembly does not include a reference to primary elections held to choose candidates for seats in that Assembly. 8. On the commencement of Part III of the new Act, the members of the Council of State and the Legislative Assembly of the Indian Legislature who have been elected or nominated to represent Burma or Burma constituencies shall vacate their seats. 9. (1) Acts of the Indian Legislature made before the commencement of Part III of the new Act (including Acts made under section sixty-seven B of the old Act) may, notwithstanding the repeal of the old Act and notwithstanding anything in section two hundred and ninety-two of the new Act, be validly made so as first to come into force at, or at any time after, the cominencenient of Part III of the new Act, but any Act which is valid only by virtue of this paragraph shall, except as respects things done or omitted to be done before its expiration cease to have effect on the expiration of twelve months from the commencement of Part III of the new Act: Provided that (a) any such Act may be continued, repealed or amended by any Legislature or authority having for the time being power to legislate in relation to the subject matter of the Act; (1) any such Act shall have effect as part of the law of British India, but not as part of the law of Burma; (c) if and in so far as any such Act is inconsistent with the new Act, or any Order in Council made thereunder (whether made before or after the Act of the Indian Legislature) the new Act, or the Order in Council, as the case may be, shall prevail. 4 (2) This paragraph shall apply in relation to regulations and ordinances made under sections seventy-one and seventy-two of the old Act as it applies in relation to Acts of the Indian Legislature. 10. Where any functions of a Local Government under any existing Indian law are transferred by or under the new Act to the Federal Government, the Provincial Government shall, nevertheless, continue to perform those functions for such period, if any, not exceeding one year from the commencement of Part III of the new Act, as the Governor- General may fix, and shall, in the exercise thereof, be subject to the like control by the Governor-General in Council as immediately before the commencement of the said Part III. 11. Section sixteen of the new Act (which authorises the appointment of an Advocate-General for the Federation) and so much of subsection (3) of section thirty-three thereof as declares his salary and allowances to be charged on the revenues of the Federation shall come into force on the commencement of Part III of the new Act.

·77 12. So much of section 321 of, and of the Tenth Schedule to, the new Act as repeals sub-section (2) of section 67 of the old Act down to the words "the revenues of India" shall not take effect until the establishment of the Federation. 13. (1) The provisions of this paragraph shall have effect with respect to the period before the cominencement of Part III of the new Act. (2) The accounts for the said period which, but for the commencement of the said Part III would have been audited in India, shall be audited under Part VII of the new Act as if they were accounts of the Governor-General in Council, but the Auditor-General of India shall transmit to the Secretary of State such information as is necessary to enable him properly to perform the duties mentioned in the subsequent provisions of this paragraph. (3) The accounts for the said period which, but for the commencement of Part III of the new Act, would have been audited in England by the auditor of the accounts of the Secretary of State in Council shall be andited by the Auditor of Indian I[ome Accounts, who shall have the like powers and perform the same duties in relation thereto as the auditor of the accounts of the Secretary of State in Council would have had if the new Acl hal not been passerl, except that anything to be done by or to the Secretary of State in Council shall be done by or to the Secretary of State; and sub-section (3) of section 27 of The oll Act and paragraph 9 of the Oriler in Council of 1920 relating to the duties of the High Commissioner shall apply accordingly. Sub-sections (4) and (5) of section one hundred and scventy of the new Act shall not apply in relation to the functions of the Auditor of Indian IIome Accounts under this paragraph. (4) Tho Secretary of State shall, notwithstanding the repeal of sub-sections (1) and (2) of section twenty-six of the old Act, lay before both houses of Parliament the same accounts and estimates as the Secretary of State in Council would under those sub-sections have been required so to lay. 14. (1) Anything which under the provisions of tho new Act or of any Order or ruleg made thereunder, is required or authorised to be done by, to or before the Governor of a Province (whether or not. the Governor is to act in his discretion or to exercise his individual judgment) shall, before the commencement of Part III of the new Act, be done by, to or before the Governor in Council or, in the case of Sind or Orissa, the Governor. (2) The provisions of section two hundred and sixty-one of the now Act, which require the Secretary of State not to exercise certain powers except with the concurrence of his advisers, shall, in relation to any prospective exercise of those powers before the commencement of Part III of the new Act, be deemed to be satisfied if he exercise those powers with the concurrence of the majority of votes at a meeting of the Council of India ·178 15. (1) For a period of twelve months from the date of the commencement of Part III of the new Act a person who immediately before the said date was holding an office under the Crown in India shall not be disqualified from continuing to hold that office by reason of the fact that he is not a British subject and that no declaration entitling him to holl the office has been made under section two hundred and sixty-two of the new Act. (2) Until other provision is made under the new Act, the conditions of service applicable to any person or any class of persons appointed or to be appointeil to serve His Majesty in a civil capacity in India shall bo the same as were applicable to that person or, as the case may be, to persons of that class immediately before the commencement of Part ITI of the new Act. The provisions of this Order shall be in addition to, and not in derogation of, the provisions of section thirty-seven of the Interpretation Act, 1889. 10. M.P.A. HANKEY.

·The Government of India (Provincial Elections)
(Corrupt Practices and Election Petitions)
Order, 1936.

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·THE GOVERNMENT OF INDIA (PROVINCIAL ELECTIONS) (CORRUPT PRACTICES AND ELECTION PETITIONS) ORDER, 1936. At the Court of Buckingham Palace, the 3rd day of July, 1936. PRESENT, THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by section two hundred and ninety-one of the Government of India Act, 1935 (hereafter in this Order referred to as "the Act”) His Majesty in Council is empowered to make provision with respect to certain matters connected with elections under the Act: AND WHEREAS by subsection (1) of section sixty-nine of the Act His Majesty in Council is empowered to declare certain offences and practices to be offences and practices involving disqualification for membership of Provincial Legislatures and to fix the periods for which the disqualifications are to operate : AND WHEREAS a draft of this Order has been laid before Parliament in accordance with the provisions of subsection (1) of section three hundred and nine of the Act and an Address has been presented to His Majesty, by both Houses of Parliament praying that an Order may be made in the terms of this Order : NOW, THEREFORE, His Majesty, in the exercise of the powers conferred on him as aforesaid and of all other powers enabling him in that behalf, is pleased by and with the advice of his Privy Council to order, and it is hereby ordered, as follows: PART I. INTRODUCTORY. 1. This Order may be cited as "The Government of India (Provincial Elections) (Corrupt Practices and Election and Election Petitions) Order, 1936." 2. The Interpretation Act, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament. 31-(1) In this Order, except where it is otherwise expressly provided or the context otherwise requires "election" means an election to fill a seat or seats in either Chamber of a Provincial Legislature;

·82 "prescribed" means prescribed by Act of the Provincial Legislature or by Rules; *Rules" means rules made under paragraph twenty of the Fifth Schedule to the Act; "Sign" in relation to a person who is unable to write his name means authenticate in such manner as may be prescribed; "Oath" includes affirmation. (2) The provisions of Parts II and III of this Order shall, in relation to constituencies in which seats are reserved for candidates of any particular class, or in which the final voting is by members of an electoral college previously constituted for that purpose, ave effect with such exceptions and subject to such adaptations and modifications as may be prescribed, but subject as aforesaid, any primary election for the purpose of electing candidates for reserved seats, or of constituting any such electoral college, shall be deemed to be part of the election of persons to fill the seats to be filled in the constituency. (3) Where under any of the provisions of this Order anything is to be prescribed, different provision may be made for different cases or classes of cases, (4) Any reference in this Order to any of the provisions of any Indian Act shall be construed as a reference to those provisions as amended by or under any other Act or, if those provisions are repealed and re-enacted with or without modification, to the provisions so re-enacted. (5) Anything which under the provisions of the Act or of this Order is required or authorised to be done by, to or before the Governor of a Province in connection with any matters to which this Order relates (whether or not the Governor is to act in his discretion or to exercise his individual judgment) shall before the commencement of Part III of the Act be done by, to or before the Governor in Council or, in the case of Sind or Orissa, the Governor. PART II. ELECTION AGENTS AND EXPENSES. 1. Every person nominated as a candidate at an election shall at the prescribed time and in the prescribed manner appoint either himself or some one other person to be his election agent. 2. No person shall be appointed an election agent who is disqualified from being an election agent under the subsequent provisions of this Order. 3.-(1) Any revocation of the appointment of an election agent, whether he be the candidate himself or not, shall be signed by the candidate, and shall operate from the date on which it is lodged with the returning officer.

·83 (2) In the event of such a revocation or of the death of an election agent, whether that event occurs before or during the election or after the election but before a return of the candidate's election expenses has been lodged in accordance with the provisions of the next but one succeeding paragraph, the candidate shall appoint forth with either himself or some other person to be his election agent and shall give notice in writing of the appointment to the returning officer. 4. Every election agent shall, for each election for which he is appointed election agent, keep separate and regular books of account and shall enter therein such particulars of expenditure in connection with the election as may be prescribed. 5.-(1) Within the prescribed time after cvery election there shall be lodged wiih the returning officer in respect of each person who has been nominated as a candidate a return of the ection expenses of that person signed both by him and his election agent. (2) Every such return shall be in such form and shall contain such particulars as may be prescribed, and shall be accompanied by declarations in the prescribed forın by the candidate and his election agent made on oath before a magistrate. (3) Notwithstanding anything in this paragraph, where candidate is owing to absence from India unable to sign the return of election expenses and to make the required declaration, the return shall be signed and lodged by the election agent only and shall be accompanied by a declaration by the election agent' only, and the candidate shall within fourteen days after his return to India cause to be lodged with the returning officer a declaration made on oath before a magistrate in such form as may be prescribed. In each Province provision shall be made by an Act of the Provincial Legislature or by Rules, fixing the maximum scales of election expenses at elections and the numbors and descriptions of persons who may be employed for payment in connections with elections: Provided that no provision need be so made in any Province with respect to any election held before the expiration of two years from the commencement of Part III of the Act. 7. Except so far as may be prescribed, this Part of this Order does not apply to an election by the members of a Provincial Legislative Assembly to fill seats in the Provincial Legislative Council. a 6. PART III. DECISION OF DOUBTS AND DISPUTES AS TO THE VALID (TY OF AN ELECTION AND DISQUALIFICATIONS FOR CORRUPT PRACTICES. 1. In this Part of this Order and in the First Schedule to this Order, except where it is otherwise expressly provided or the context otherwise requires "agent" includes an election agent and any person who, on the trial of an election petition, is held by the ·Commissioners to have acted as an agent in connection with the election with the knowledge or consent of the candidate; "candidate” means a person who has been or claims to have been duly nominated as a candidate at any election, and a candidate who, with the election in prospect, has held himself out as a prospective candidate, shall be deemed to have been a candidate as from the time when he began 80 to hold himself out; "electoral right" means the right of a person to stand or not to stand as, or to withdraw from being, a candidate, or to vote or refrain from voting at an election; "returned candidate' means a candidate whose name has been published in the prescribed manner as duly elected; "corrupt practice", in relation to an election by the members of a Provincial Legislative Assembly to fill seats in the l'rovincial Legislative Council, means one of the practices specified in Parts I and II of the First Schedule to this Order, and in relation to any other election, means one of the practices specified in Parts I, II and III of that Schedule. 2. No election shall be called in question except by an election potition presented in accordance with the provisions of this Part of this Order. 3.-(1) An election petition against any returned candidate may be presented to the Governor (a) by any candidate or elector on any ground; (6) by an officer empowered in that behalf by the Governor, exercising, his individual judgment, on the ground that the election has not been a free election by reason of the large number of cases in which undue influence or bribery has been exercised or committed. In this paragraph, "elector," in relation to a commerce and industry, mining or planting constituency, includes all the persons included in the electoral roll as the nomineos of any body, notwithstanding that only one of them is entitled to vote. (2) A petitioner may, if he so desires, in addition to calling in question the election of a returned candidate, claim a declaration that he himself has been duly elected, but such a declaration shall only be claimed on one or other of the following grounds :- (a) that in fact the petitioner received a majority of the valid votes; or (6) that, but for the votes obtained for the returned candidate by corrupt practices, the petitioner would have obtained a majority of the valid votes. 4.-(1) Unless the Governor, exercising his individual judgment, dismisses a petition for non-compliance with the prescribed requirements, he shall, exercising, his individual judgment, appoint as Commissioners for the trial of the petition ·85 more three persons who are or have have been, been, or are eligible to be appointed, judges of a High Court, and shall appoint one of them to be the President: Provided that nothing in this sub-paragraph shall be deemed to prevent the appointment of the President of a Commission before the other Commissioners are appointed. (2) Subject to the provisions of this paragraph, all applications and proceedings in connection with the petition shall be dealt with by, and carried on by or before, the Commissioners. (3) Where in respect of an election in a constituency more petitions than one are presented, the Governor sball refer all those petitions to the same Commissioners, who may at their discretion inquire into the petitions either separately or in one or groups, as they think fit. (4) If the services of any Commissioner are not available for the purposes of the inquiry or if during the course of the inquiry any Commissioner is unable to continue to attend thereat, the Governor, exercising his individual judgment, shall appoint another Commissioner and the inquiry shall recommence before the Commission as so reconstituted : Provided that the Commissioners may direct that any evidence already recorded shall remain upon record, and in that case it shall not be necessary to re-examine those witnesses who have already been examined and discharged. (5) References to the Commissioners in this part of this Order shall, as respects any matter to be done before the commencement of the inquiry, be deemed to be references to the President. 5. When at an inquiry into an election petition the Commissioners so order, the Advocate-General of the Province, or some person acting under his instructions, shall attend and shall take such part therein as the Commissioners may direct. 6. Subject to the provisions of this part of this Order, Acts of the Provincial Legislature and Rules may regulate the form of election petitions, the time and manner in which they are to be presented, the persons who are to be made parties thereto, the procedure to be adopted in connection therewith and the circumstances in which petitions are to abate, or may be withdrawn, and in which new petitioners may be substituted, may require security to be given for costs and may authorise the Governor, exercising his individual judgment, to dismiss petitions for non-compliance with the prescribed requirements. 7.(1) Subject to the provisions of this paragraph, if in the opinion of the Commissioners-- (a) the election of a returned candidate has been procured or induced, or the result of the election has been materially affected, by any corrupt practice; or ·86 (b) any corrupt practice specified in Part I of the First Schedule to this Order has been committed in the interests of a returned candidate; or (c) the result of the election has been materially affected by the improper acceptance or rejection of any nomination, or by reason of the fact that any person nominated was not qualified or was disqualified for election, or by the improper reception or refusal of a vote, or by the reception of any vote which is void, or by any noncompliance with the provisions of the Act or of this Order, or of any Act of the Provincial Legislature or Rules relating to the election, or by any mistake in the use of any prescribed form; or (d) the clection has not been a free election by reason of the large number of cases in which bribery or undue influence has been exercised or committed, the election of the returned candidate shall be void. or (2) If the Commissioners report that a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice specified in Part I of the First Schedule to this Order, but further report that the candidate has satisfied them that (a) no corrupt practice was committed at the election by the candidate his election agent, and the corrupt practices mentioned in the report were committed contrary to the orders, and without the sanction or connivance, of the candidate or his election agent; (b) the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the clection; (c) the corrupt practices mentioned in the report were trivial and limited character took the rm of customary hospitality which did not affect the result of the election; and (d) in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, of a or . theu the Commissioners may find that the election of the candidate is not void. (3) If a person (not being entitled so to do) votes more than once at the same election, all his votes shall be deemed for the purposes of this paragraph to be void. 8.-(1) At the conclusion of the enquiry the Commissioners shall report whether the returned candidate, or any person who has lodged a petition and claimed a seat, has been duly elected and in 80 reporting shall have regard to the provisions of the last preceding paragraph.

·87 (2) The report shall further include a recommendation by the Commissioners as to the total amount of costs which are payable and the persons by and to whom the cost should be paid, and any such recommendation may include a recommendation for the payment of costs to the Advocate-General of the Province or a person activg under his instructions attending the trial in pursuance of an order of the Commissioners. (3) The report shall be signed by all the Commissioners and the Commissioners shall forth with forward their report to the Governor, who on receipt thereof shall issue orders in accordance with the report and publish the report in the Government Gazette of the Province, and the orders of the Governor shall be final. 9. If either in their report or upon any other matter there is a difference of opinion among the Commissioners, the opinion of the majority shall prevail and their report shall be expressed in terms of the views of the majority. 10. Where any charge is made in an election petition of any corrupt practice, the Commissioners shall record in their report (a) a finding whether a corrupt practice has or has not been proved to have been committed by any candidate or his agent, or with the connivance of any candidate or his agent, and the nature of that corrupt practice; (b) the names of all persons, if any, who have been proved at the inquiry to have been guilty of any corrupt practice and the nature of that practice with any such recomniendations as the Commissioners may think proper to make for the exemption of any any disqualifications which they may have incurred in this connection under paragraphs two to five of Part IV of this Order: and persons from Provided that no person shall be so named in the report unless he has been given a reasonable opportunity of showing cause why his naine should not be so recorded. PART IV. DISQUALIFICATIONS. 1. The offences and practices specified, in relation to certain elections, in the Second Schedule to this Order shall, for the periods respectively specified in relation to those offences and practices in that Schedule, entail disqualification for membership of any Provincial Legislature. 2. If any person (a) is, in connection with an election to a Provincial Legislature, the Coorg Legislative Council or a local body in British India, convicted offence under of an ·.88 Chapter IXA of the Indian Penal Code punishable with imprisonment for a term exceeding six months; or (6) is after an inquiry under Part III of this Order reported as guilty of any such corrupt practice as is specified in Part I or Part II of the First Schedule to this Order, he shall, for a period of six years from the date of the conviction or report, be disqualified for voting at any election. 3. If, in relation to any election (other than an election by the members of a Provincial Legislative Assembly to fill seats in the Provincial Legislative Council), any person is after such an inquiry as aforesaid reported as guilty of any such corrupt practice as is specified in Part III of the said Schedule he shall be disqualified for voting at any election for a period of four years from the date of the report. 4. Where under either of the two last preceding paragraphs a person is in connection with an election in a commerce and industry, mining or planting constituency disqualified for voting for any period, then if that person was at the date of election either (a) included in the electoral roll for the constituency as the nominee of a firm, Hindu joint family or corporation entitled to nominate persons for inclusion therein; or (b) a member of any such firm or Hindu joint family or a director, managing agent or manager of any such corporation or a person authorised to sign in the name of any such firm, Hindu joint family or corporation in the ordinary course of its business, the firm, family or corporation shall, for the like period, be disqualified from nominating persons for inclusion in the electoral roll of any and industry, mining or planting constituency. 5. If default is made in making the return of the election expenses of any person who has been nominated as a candidate at an election to which Part Il of this Order applies, or if such a return is found, either by Commissioners holding an inquiry into the election or by any court in a judicial proceeding, to be false in any material particular, the candidate and his election agent shall be disqualified for voting at any election for a period of five years from the date by which a return was required to be lodged. Every person shall be disqualified for voting at any election who is for the time being disqualified for voting at elections to the Federal Legislature by reason of misconduct in connection with an election to that Legislature, or by reason of a default in making, or of the falsity of, any return of election expenses at any election to that Legislature. References in this paragraph to the Federal Legislature shall until the establishment of the Federation be construed references to the Indian Legislature. commerce as ·189 7. Any person who is for the time being disqualified under the foregoing provisions of this part of this Order for being a member of a Provincial Legislature, or for voting at elections, shall, so long as the disqualification exists, also be disqualified for being an election agent at any election, 8. Any disqualification under paragraphs two two to five of this Part of this Order arising in connection with an election to the Legislature of, or to a local body in, a Province may be removed by the Governor of that Province in his discretion, and any other disqualification under the said paragraph two may be removed, before the establishment of the Federation, by the Governor-General in Council, and, after the establishment of the Federation, by the Governor-General in his discretion. 9. In paragraph one of this Part of this Order, “elections" includes all the elections referred to in the Second Schedule to this Order, but save as aforesaid, the references in this part of this Order to elections, other than express references to elections of any other kind, shall be construed as references to elections as defined in paragraph three of Part I of this Order. M. P. A. IIANKEY.

·90 FIRST SCHEDULE. CORRUPT PRACTICES. PART I. 1. Bribery, that is to say, any gift, offer or promise by a candidate or his agont, or by any other person with the connivance of a candidate or his agent, of any gratification to any person whomsoever, with the object, directly or indirectly, of inducing (a) a person to stand or not to stand as, or to withdraw from being, à candidate at an election; or (6) an elector to vote or refrain from voting at an election, or as a reward to (i) a person for having so stood or not stood, or for having withdrawn his candidature; or (ii) an elector for having voted or refrained from voting. For the purposes of this paragraph the term "gratification is not restricted to pecuniary gratifications or gratifications estimable in money, and it includes all forms of entertainment and all forms of employment for reward; but it does not include the payment of any expensos bona Ade incurred at, or for the purposo of, any election and duly entered in the return of election oxpenses prescribed by this Order. 2. Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or his agent, or of any other person with the connivance of the candidate or his agent, with the free exercise of any electoral right: Provided that (a) without prejudice to the gonerality of the provisions of this paragraph, any such person as is referred to therein who ог (i) threatens any candidate or elector, or any person in whom a candidato or clector is interested, with any injury of any kind; or (ii) inducos or attempts to induce a candidate or elector to believe that he, any person in whom he is interested, will become or will be rendered an objoct of divine 'displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of that candidate or elector within the meaning of this paragraph; (6) a declaration of public policy, or a promise of public action, or the mero exercise of a legal right without intent to interfere with an electoral right, sball not be deemed to be interference within the ineaning of this paragraph. 3. Tho procuring or abetting or attempting to procure by a candidate or his agent, or by any other person with the connivance of a candidate or his agent, the application by a person for a yoting paper in the name of any other person, whether living, or dead, or in a fictitious name, or by a porson for a voting paper in his own name when, by reason of the fact that he has already voted in the same or somo other constituency, he is not entitled to vote. 4. The removal of a voting paper from the polling station during polling hours by any person with the connivance of a candidate or his agent.

·91 8. The publication by a candidate or his agent, or by any other person with the connivance of the candidate or his agent, of any statement of fact which is false and which he either believes to be false or does not believe to be true in relation to the personal charactor or conduct of any candidate, or in relation to the candidature or withdrawal of any candidate, being & statement reasonably calculated to prejudice the prospects of that candidate's election. 6. The incurring or authorising by a candidate or his agent of exponditure, or the employment of any person by a candidate or his agent, in contravention of this order or of any Act of the Provincial Legislature or Rules. PART II. 1. Any act specified in Part I of this Schedule, whon done by a person who is not a candidate or his agent or a person acting with the connivance of a candidato or his agent. 2. The application by a person at an election for a voting paper in the name of any other person, whether living, or dead, or in a fictitious name, or for a voting paper in his own namo when, by reason of the fact that he bas already voted in the same or some other constituency, he is not entitled to vote. 3. The receipt of, or agreement to receive, any gratification whether & motivo or a reward- (a) by a person for standing or not standing as, or for withdrawing from being, a candidate; or (6) by any person whomsoever for himself or any other person for voting, or refraining from voting, or for inducing or attempting to induco any elector to voto or refrain from voting, or any candidate to withdraw his candidature. For the purposes of this paragraph the term "gratification" has the same meaning as it has for the purposes of paragraph one of Part I of this Schedule. 4. The making of any return of election expenses which is false in any material particular, or the making of a declaration verifying any such: return. PART III. 1. The incurring or authorisation by any person other than a candidate or his agent of expensos on account of holding any public mooting, or upon any advertisement, circular or publication, or in any othor way whatsoever, for the purpose of promoting or procuring the election of the candidate, unloss he is authorised in writing so to do by the candidato. 2. The hiring, using or letting, as a committee room or for tho purpose of any meeting to which eloctors are admitted, of any building, room or other place where intoxicating liquor is sold to the public. 3. The issuing of any circular, placard or poster having a reference to the election which does not bear on its face the name and address of the printer and publisher thereof.

·92 SECOND SCHEDULE. DISQUALIFICATIONS FOR MEMBERSAD OF PROVINCIAL LEGISLATURES. Elections. Offence or Corrupt Practice. Period of Disqualification. Six yoArs from the date of conviction. Eloctions to which Chapter Offences under Chapter IXA IXA of the Ivdian Penal of the Indian Penal Code Code applies. punishable with imprisonment for a torm excecdlug six inonths. Elections 28 defned in Corrupt practices specificd paragraph three of Part I in Parts I and II of the of this Order, First Schedule to this Order. Six years from thio date of the report of the tribunal holding the inquiry. Four years from tho date of the report of the tribunal holding the inquiry. Elections as defined in Corrupt practices speciflod paragraph three of Part I in Part III of the First of this Order, other than Schedule to this Order. olections by the menuberg of a Provincial Legislativo Assembly to all scats in the Proviuclul Legislativo Council Elections to Federal Legis-Corrupt practices as defined luture. in any Order under the Act relating to such elections. The porlod for which tho corrupt practico entails disqualifcation for incibership of Federal Logislature. Elections under the Governmcut of ludia Act. Any corrupt practice within the meaning of tho Electoral Rules under tho Government of India Act relating to the clection in question. Such period, coinmencing on tho date of the report of the Commissioners under the electoral rules relating to the election in question, as is tho max. inuin period of disqualifi. cation specified thoso rules for inclusion in elco toral rolls thereunder.

·The Government of India (Excluded and Partially Excluded Areas) Order, 1936.

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·95 REFORMS OFFICE, NOTIFICATION. New Delhi, the 19th March 1936. No. F. 4/1/R5-G. (B).-The following order of the King's Most Excellent Majesty in Council is published for general information :- The Government of India (Excluded and Partially Excluded Areas) Order, 1936. AT THE COURT AT BUCKINGIIAM PALACE. Tre 3rd day of March, 1936. Present. THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL, WHEREAS by sub-section (1) of section ninety-one of the Government of India Act, 19:35 (hereafter in this Order referred to as "the Act"), Iris Majesty in Council is empowered to declare what areas are to be excluded areas and partially excluderl areas within the nearing of the Act: AND) WILEREAS a draft of his Order has been laid before Parliament in accordance with the provisions of sub-section (1) of section three hundred and nine of the Act and an Adriess has been presented to lIis Majesty by both llouses of Parliainent praying that an Order may be made in the terms of this Order : Now, THEREFORE, F is 'Majesty, in the exercise of the powers.cuferred on him as aforesaid and of all other powers enabling him in that behalf, is pleased by and with the advice of his l'rivy Council to Order, and it is hereby ordered as follows:-- 1. This Order may be cited as "The Government of India (Excluded and Partially Excluded Areas) Order, 1936." 2. The arcas specified in Part I of the Schedule to this Order shall be the excluded areas, and the areas specified in Part II of that Schedule the partially excluded areas, within the meaning of the Act. 3. Any reference in the said Schedule to any District administrative area or estate shall be construed as a reference to that District, area or estate as existing on the first day of January, nineteen lundred and thirty-six. M. P. A. Hunkcy.

·96 SCHEDULE. PART I.EXCLUDED AREAS. MADRAS. The Laccadive Islands (including Minicoy) and the Amindivi Islands. BENGAL. The Chittagong Hill Tracts. THE PUNJAB. Spiti and Lahaul in the Kangra District. ASSAM. The North-East Frontier (Sadiya, Balipara and Lakhimpur) Tracts. The Naga Hills District, The Lushai Hills District. The North Cachar Hills Subdivision of the Cachar District. TIE NONTI-WEST FRONTIER PROVINCE. Upper Tanawal in the Hazara District. PART II.-L'ARTIALLY EXCLUDED AREAS. MADRAS. The East Godavari Agency and so much of the Vizaga patam Agency as is not transfererd to Orissa under the provisions of the Government of India (Constitution of Orissa) Order, 1936. BOMBAY. In the West Khandesh Distrirt, the Shahada, Nandurbar and Taloda Taluks, the Navapur Petha and the Akrani Mahal, and the villages belonging to the following Mehwissi Chiefs, namely, (1) the Parvi of Kathi, (2) the Parvi of Nal, (3) the Parvi of Singpur, (4) the Walwi of Gaohali, (5) the Wassawa of Chikhli, and (6) the Parvi of Navalpur. The Satpura Hills reserved forest areas of the East Khandesh District. The Kalvan Taluk aud Peint Petha of the Nasik District. The Dahanu anıl Shahapur Taluks and the Mokhada and Umbergaon Pethas of the Thana District. The Dohad Taluk and the Jhalod Mahal of the Broach and Panch Mahals Districts. BENGAL. The Darjeeling District. The Dewanganj, Sribardi, Nalitabari. Haluaghat, Durgapur and Kalmakanda police-stations of the Mymensingh District.

·97 THE UNITED PROVINCES. The Jaunsar-Bawar Pargana of the Dehra Dun District. The portion of the Mirzapur District south of the Kaimur range. BIHAR. The Chota Nagpur Division. The Santal Parganas District. THE CENTRAL PROVINCES AND BERAR. In the Chanda District, the Ahiri Zainindari in the Sironcha Tahsil, and the Dhanora, Dudmala, Grewardha, Jharapapra, Khutgaon, Kotgal, Muramgaon, l'alasgarh, Rangi, Sirsundi, Sonsari, Chandala, Gilgaon, Pai-Muranda and Potegaon Zamindaris in the Garchiroli Tabsil. The Harrai, Gorakghat, Gorpani, Batkagarh, Bardagarh, Partapgarh (Pagara), Almod anil Sonpur Jagirs of the Chhindwara District, and the portion of the Pachmarhi Jagir in the Chhindwara District. The Mandla District. The Pendra, Kenda, Matin, Lapha, Uprora, Chhuri and Korba Zamindaris of the Bilaspur District. The Aundhi, Koracha, l'anabaras and Ambagarh Chauki Zamindaris of the Drug District. The Baihar tahsil of the Balaghat District. The Molghat taluq of the Amraoti District. The Bhainsdehi tahsil of the Betul District. Assam. The Garo Hills District. The Mikir ITills (in the Nowgong and Sibsagar Districts). The British portion of the Khasi and Jaintia Hills District, other than the Shillong Municipality and Cantonment. ORISSA. The District of Angul. The District of Sambalpur. The areas transferred from the Central Provinces under the provisions of the Government of India (Constitution of Orissa) Order, 1936. The Ganjam Agency Tracts. The areas transferred to Orissa under the provisions of the aforesaid Order from the Vizagapatam Agency in the Presidency of Madras. W. H. LEWIS, Additional Secretary.

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·The Government of India (Distribution of Revenues) Order, 1936.

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·101 THE GOVERNMENT OF INDIA (DISTRIBUTION OF REVENUES) ORDER, 1936. AT THE COURT AT BUCKINGHAM PALACE. The 3rd day of July, 1936. PRESENT : THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. as WHEREAS by sub-section (1) of section one hundred and thirty-eight of the Government of India Act, 1935 (hereafter in this Orilor referred to " the Act"), it is provided that taxes on income other than agricultural income shall be lovied and collected by the Federation, but that (subject to the provisions of the said sub-section with respect to surcharges for Federal purposes) a percentage to be prescribed by his Majesty in Council of the net proceedis in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Chief Com. missioners' Provinces or to taxes payable in respect of Federal emoluments, shall be assigned to the Provinces and to the Federated States, if any, within which that tax is leviable in that year, and shall be clistributed among the Provinces and those States in such manner as may be prescribed by His Majesty in Council : AND WHEREAS by sub-section (2) of the said section one hundred and thirty-right the Federation is, notwithstan ling anything in sub-section (1) of that section, authoriscıl to retain out of the moneys assigned by the said sub-section (1) to Provinces and States--- (a) in each year of a period to be prescribed by His Majesty in Council such sum as may be so prescribed ; (b) in each year of a further period to be so prescribed a sum less than that retained in the prececling your by an amount, being the same, amount in each year, so calculated that the sum to be retained in the last year of the periool will be equal to the the amount of each such annual reductions : AND WHEREAS by sub-section (2) of section ono hundred and forty of the Act it is provided that one-half, or such greater proportion as His Majesty in Council may determine, of the net proceeds in each year of any export duty on jute or jute products shall bo assigned to the provinces or Federated States in which jute is grown in proportion to the respectivo amounts of jute grown therein : AND WHEREAS by section one hundred and forty-two of the Act it is provided that such sums as may be prescribed by His Majesty in Council shall be charged on the revenues of the Federation in each year as grants in aid of the revenues of such Provinces as His Majesty may deterinine to be in need of assistance : AND WHEREAS by virtue of the provisions of Part XIII of tho Act references in the sub-sections and sections aforesaid to the Federation are, as respects the period elapsing between the commencement of Part III of ·102 the Act and the establishment of the Federation, to be construed as references to the Governor-General in Council : AND WHEREAS a draft of this Order has been laid before Parliament in accordance with the provisions of sub-section (1) of scction three hundred and nine of the Act and an Address has been presented to His Majesty by both Houses of Parliament praying that an Order may be made in the terms of this Order : Now, TIEREFORE, His Majesty, in the exercise of the powers conferred on him as aforesaid and of all other powers enabling him in that behalf, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:- Introductory. 1. This Orcler may be cited as "The Government of India (Distribution of Revenues) Order, 1936." 2. The Interpretation Act, 1889, applies for the interpretation of this Order as it applios for the interpretation of an Act of Parliament. 3. As respects the period elapsing between the commencement of Part III of the Act and the establishment of the Federation, references in this Order to the Federation shall be construcd as references to the Governor- General in Council. 4. Any reference in this Order to a year shall be construed as a reference to a period of twelve months beginning on the first day of April. Tares on income. 5. The percentage which uncler sub-section (1) of section one hundred and thirty-eight of the Act is to be prescribed by His Majesty in Counci shall be fifty per cent., and the sums falling to be distributed under that sub-section in any year among the Provinces shall be distributed as follows :- Per cent. 15 Mallras Bombay Bengal The Uniteil Provinces The Punjab Bihar The Central Provinces and Berar Assam The North-West Frontier Province Orissa Sind 20 20 15 8 10 . . . .. 5 2 .. 2 2 ..

·103 6.-(1) The first of the periods to be prescribed by His Majesty in Council under sub-section (2) of the said section one hundred and thirtyeight shall be five years from the commencement of Part III of the Act, and the sum to be retained by the Federation under that sub-section shall, in each of those years, be either the whole of the moneys assigned by subsection (1) of the said section to Provinces and States, or such part thereof as will together with- (a) the Federation's share of the divisible net proceeds of the taxes on income for that year; and (b) the sum, if any, to bo brought into account by the Federation under sub-paragraph (3) of this paragraph, amount to thirteen crores of rupees, whichever is the less. on (2) In this paragraph, " the divisible net proceeds of the taxes income" means the net proceeds of the taxes on income to which the said section one hundred and thirty-eight rolates, except in so far as they represent proceeds attributablo to Chief Commissioners' Provinces or to taxes payable in respect of Federal emoluments, or proceeds of any surcharge for Federal purposes. (3) The sum, if any, to be brought into account by the Federation in any year for the purposes of sub-paragraph (1) of this paragraph shall be a sum to be ascertainerl by applying to the accounts of the railways, with such alterations in accounts as aro necessitated by the separation of Burma, the principles laid down in the Resolution of the Legislative Assembly of the twentieth day of September nineteen hundred and twenty-four, and ascertaining in accordance with those principles what sum, if any, would be the net amount payable for that year under clauses (2) anal (3) of that Resolution to general revennes out of the net receipt of the railways : Provided that for the purpose of ascertaining the net amount so payable to general revenues borrowings from the clepreciation fund before the commencement of Part III of the Act shall be deemed not to be repayable and arrears of contributions to general revenues for any year before the commencement of the said Part Ill shall be deemed not to be payable. 7. The second period to be prescribed by His Majesty in Council under sub-section (2) of the said section one hundred and thirty-eight shall be five years from the expiration of the first period prescribed thereunder. Jute Export Duty. 8. The proportion of the net proceecls in each ye.ir of any export duty on jute or jute products which under sub-section (2) of section one hundred and forty of the Act is to be assigned to the Provinces or Federated States in which jute is grown shall be sixty-two and one-half per cent. Grants-in-aid to Certain Provinces. 9. There shall be charged on the revenues of the Federation as grants in aid of tho revenues of the Provinces mentioned in the Schedule to this Order the sums specified in that Schedule in relation to those Provinces respectively, in each of the years so specified. M. P. A. Hankey.

·104
SCHEDULE.
GRANTS TO CERTAIN PROVINCES.
1. The United Provinces :
25 lakhs of rupees in each year of the first five years from the commence.
ment of Part III of the Act.
2. Assam :
30 lakhs of rupees in each year.
3. The North-West Frontier Province :
100 lakhs of rupees in each year.
4. Orissa.
In the first year after the commencement of Part III of the Act, 47 lakhs
of rupees ; in each of the next four succeeding years, 43 lakhs of
rupees; and in cvery subsequent year, 40 lakhs of rupees.
5. Sind :
In the first year after the commencement of Part III of the Act, 110 lakhs
of rupees ; in each of tho next nine years, 105 laklıs of rupees ;
in each of the next twenty years, 80 lakhs of rupees ; in each
of the next five years, 65 lakhs of rupees ; in each of the next five
years, 60 lakhs of rupeos : ani in each of the next five years,
55 lakhs of rupeos.

·PART III.
The Bengal Legislative Assembly Electoral
(Preparation, Revision and Publication of
Electoral Rolls) Rules, 1936.
7

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·NOTIFICATION. No. 899 A.R.1).-15th May 1936.-In exercise of the powers conferred by paragraph 20 of the Fifth Schedule to the Government of India Act, 1935, read with paragraph 26 of Part I of the Government of India (Provincial Legislative Assemblies) Order, 19:36, and of all other powers enabling him in that behalf, the Governor of Bengal in Council is hereby pleased to make the following rules* for the preparation, revision and publication of the electoral rolls for the Bengal Legislative Assembly:- *The Bengal Legislative Assembly Electoral (Preparation, Revision and Publication of Electoral Rolls) Rules, 1936. Preliminary. 1. These rules nay be called the Bengal Legislative Short title. Assembly Electoral (Preparation, Revision and Publication of Electoral Rolls) Rules, 1936. 2. In these rules, unless there is anything repugnant in the Dofinitions. subject or context, (a) “Gazette" means the Calcutta Gazelle; () “Revising Authority” means such person as the Returning Officer may appoint in writing to perform all or any of the duties of the Revising Authority under these rules in respect of a constituency or part of a constituency; (c) "the Act" means the Government of India Act, 1935; 25 and 26, (d) the expressions recognised trade union" and "consti- Geo. V, tuent trade union" have the same meanings as the C. 42. meanings assigned to the said expressions in Part IV of the Order; (e) "registered trade union" means a trade union registered under the Indian Trade Unions Act, 1926, or under any xvI of other law for the registration of trade unions for the 1926. time ibeing in force; (1) "commerce" and "mining" have the same meanings as in paragraph 2 of Part I of the Order; and (9) "the Order" means the Government of India (Provincial Legislative Assemblies) Order, 1936. *The amondmonts publishod under notifications Nos. 2911 A.R.D., datod tho 27th May 1936, and 6198 A.R., dated the 12th August 1936, have been incorporatid in these Rules.

·108 Part 1-Appointment of Returning Officers. 3. The Returning Officers for the constituencies mentioned in the first column of Schedule I hereto annexed shall be the persong respectively specified in the cori rresponding entry in tbe second column thereof : Provided that in any constituency in which a Subdivisional Magistrate is specificd to be the Returning Officer, an additional Subdivisional Magistrate in that subdivision shall, when specially authorised in this behalf by the Governor, perform all or any of the functions of the Returning Officer in the said constituency and shall, so far as the said functions are concerned, be deemned to be the Returning Officer for the purpose of these rules. 4. (1) The persons specified in the third column of the said schedule may, subject to the control of the Returning Officer, perform all or any of the functions of the Returning Officer in the constituencies respectively specified in respectively specified in the corresponding entry in the first column thereof: Provided that no such person shall perform any of the functions of the Returning Officer which relate to the acceptance of a uomination paper or to the scrutiny of nominations or to the counting of votes, unless the Returning Officer is unavoidably prevented from performing the same, in which case the said functions may be performed in any constituency by a person specified in the corresponding entry in the third column of that schedule. (2) Reference to the Returning Officer in these rules shall, unless a contrary intention appears, be deemed to include any person when performing any duty or function which he is authorised to perform under sub-rule (1). Part 11- Preparation, Revision and Publication of Electoral Rolls. 5. An electoral roll shall be prepared for every constituency in which shall be included the names of all persons appearing to be entitled to be included in the electoral roll for that consti. tuency. It shall be published in the constituency together with a notice specifying the mode in which and the time within which claims for inclusion in the roll or objections to any names or particulars entered in the roll are to be preferred. 6. Every person shall be entitled to have his name included in the electoral roll for a constituency, if he is qualified to be included in such roll under these rules or by virtue of the provisions of the Act or any Order or other rule made thereunder or of any Act of the Provincial Legislature: Provided that, subject to the proviso to paragraph 7 of Part I of the Sixth Schedule to the Act, no person shall be entitled to have his name included in the electoral roll for more than one territorial constituency: Provided also that no person shall be entitled to have his name included in the electoral roll for more than one commerce and ·109 industry or landholders' constituency, or for more than one of the trade union, factory and colliery labour constituencies. 7. At the first elections lield for the purpose of constituting Inclusion of the Legislative Assembly of the Province or at any bye-election Ruler or subject held for the purpose of filling any seat in the Assembly so consti- of an Indian tuted, a Ruler of an Indian State and a subject thereof shall be State in the deemed to be qualified to be included in the electoral roll for a konstituency for the purposes of clause (c) of paragraph 3 of Part I of the Sixth Schedule to the Act and clause (c) of paragraph 5 of Part I of the Order. 8. A person shall be qualified to be included in the electoral Educational roll for any territorial constituency by virtue of his educational qualifications for qualifications under paragraph 4 of Part IV of the Sixth inclusion in the Schedule to the Act if he is proved to have passed the Matriculi. roll, tion Examination of the University of Calcutta or any other Indian University or of a University in the United Kingdom, the Dominions or the Colonies, or any one of the following examinations to be considered equivalent to such Matriculation Examina. tion, namely: or (a) the Entrance Examination of the University of Calcutta, (1) an Entrance Examination other than the Matriculation Examination of a University in the United Kingdom, the Dominions or the Colonies, or c) the Iligh School Examination or Jigh Madrasah Ksamination of the Board of Intermediate and Secondary Education, Dacca, or (d) the School l'inal Examination, Science Side, conducted hy the School Final Examination Board, Science Side, or (e) the Cambridge Junior Loral Examination, or (1) the Oxford Junior Local Examination, or (9) the examination for the Oxford and Cambridge lighor Certificate, or (h) the Higher Grade School Final Examination under the European School Code, or (i) the Title Examination conducted by the Bengal Sanskrit Association (or Calcutta Sanskrit Board as it was previously called), or Calcutta Sanskrit Association, or (j) the Title Examination conducted by the Eastern Bengal Saraswat Samaj, Dacca, or (k) the Fazil Examination conducted by the Board of Central Madrassah Examinations, or (1) the Final Examination of the First Graile Training or Normal Schools in Bengal, or (m) the Final Examination of the Government School of Art, or (n) the Final Examination of the Government Commercial Institute, or (o) the examination for the Senior Training Certificate for women, or (n) any examination accepted by the Governor as equivalent to the Matriculation standard.

·110 nanie 9. For the purpose of determining under clause (b) of paragraph 10 of Part I of the Sixth Schedule to the Act, which of several women shall be included in the electoral roll for any territorial constituency in respect of the qualifications of the husband the following procedure shall be adopted :- The wife whose is forwarded to the Registering Authority, or his agent employed under rule 16, for this purpose by the husband shall be included in the electoral roll. In every other case the Registering Authority, or his agent employed under rule 16, shall include the senior wife or widow in the electoral roll after determining the seniority according to the priority of the date of marriage. 10. For the purpose of determining under paragraph 3 of the Government of India (Scheduled Castes) Order, 1936, the question as to whether any particular person professes Buddhism or a tribal religion so as not to be deemed to be a member of any Scheduled Caste under that paragraph, such person shall be required by the Registering Authority, or his agent employed under rule 16, to answer in the form of a declaration in writing within such time as. may be specified by such authority or his agent the following questions: (1) Do you or do you not profess Buddhism ? (2) Do you or do you not profess a tribal religion? 10A, For the purpose of determining whether a person who is a partner in a firm which was assessed to income-tax in any year shall be deemed to have been assessed to inconie-tax in that year, such person shall be required to produce a certificate from the Income-tax Officer, or the successor in office of such officer, that such person's share of the firm's income on which income-lax was so assessed was not less than the minimum on which the tax is leviable. 11. (1) No person shall, by virtue of the provision of paragraph 3 or 4 of Part IV of the Sixth Schedule to the Act, be included in the electoral roll for any territorial constituency unless application is made by him or on his behalf by a person authorised by him in writing to the Registering Authority in form IV appended to these rules that he should be so included and unless he or such person proves to the satisfaction of the Registering Authority, or his agent employed under rule 16, by the production of authenticated copies of such documents as may be necessary the qualifications under the said paragraph. (2) When an applica!ion is made by a person or on his behalf under sub-rule (1) for inclusion of his name in the electoral roll for any territorial constituency by virtue of his educational qualifications under paragraph 4 of Part IV of the Sixth Schedule to the Act, he shall produce or to be produced along with such application, the original certificate granted to him on the passing of any of the examinations referred to in rule 8, or a copy of such certificate attested to the satisfaction of the Registering Authority, or his agent employed under rule 16, to be a true copy, or when the results of such examination have been published in the Gazette, a copy of the Gazette, containing the cause ·111 name of such person as having passed such examination, or a copy of the relevant entry in the Gazette indicating the date and number of the page, attested to the satisfaction of the Registering Authority or such agent to be a true copy of the entry, to prove his qualifications under the said paragraph. Part IV of the Order the qualifications of a person for being in- inclusion in the 12. For the purpose of determining under paragraph 19 of Dotermination of cluded in the electoral roll for a factory or colliery labour consti- electoral roll for tuency, every manager, assistant manager, engineer, contractor factory and or other persons whose duties involve primarily literary or profes- colliery labour sional training, shall be treated as persons falling within the pro- in certain cases. visions of sub-paragraph (2) of the said paragraph. 13. No person who, in the case of a tea garden labour con- Application for stituency has been employed in more than one tea garden for the inclusion in period or periods sufficient to qualify him for inclusion in the elec- the electoral toral roll of that constituency under sub-paragraph (1) of para- garden, graph 25 of Part IV of the Order, or in the case of a factory or factory colliery labour constituency has been employed in more than one and colliery qualifying industrial establishment within the meaning of subconstituencies paragraph (4) of paragraph 17 of Part IV of the Order, for the in certain like period or periods under sub-paragraph (6) or sub-paragraph casos. (7) of paragraph 19 of Part IV of the Order, as the case may be, shall by virtue of the provisions.of Part IV of the Order be included in the electoral roll for that constituency unless application is made by him or on his behalf by a person authorised by him in writing to the Registering Authority in form VIII appended to these rules that he should be so included and unless he or such person proves to the satisfaction of the Registering Authority, or his agent employed under rule 16, by the production of certificates from the managers or other responsible officers of the tea gardens, factories or collierios, as the case may be, the qualifications under the said Part. 14. (1). Before the preparation of an electoral roll for a terri- Notico inviting torial constituency or a tea garden, factory or colliery labour inclusion in the constituency is taken in hand, the Registering Authority shall cloctoral roll. cause a notice in form I or form II annexed to these rules to be published inviting applications referred to in sub-rule (1) of rule il or rule 13, as the case may be, for inclusion in the electoral roll of the constituency, within the time to be specified by the Registering Authority in the notice. Such time shall not be less than fourteen days from the publication of the notice. (2) Notice under sub-rule (1) shall be published in such manner and in such places within the constituency as the Governor may direct. 15. The electoral roll for every constituency specified below Proparation o shall be prepared by the authority (referred to in these rules as the electoral roll. "Registering Authority') noted against each- (1) a Calcutta constituency, by the Chief Executive Officer of the Corporation of Calcutta; (2) the Calcutta cun Presidency Division (Indian Christian) and Calcutta and Suburbs (European) constituencies, by the Member, Board of Revenue, Bengal;

·112 a (3) a territorial constituency other than Calcutta constituency and the Calcutta cum Presidency Division (Indian Christian) and Calcutta and Suburbs (European) constituencies— (a) when it comprises a single subdivision, or district, or part of a single subdivision, or district, by the Magistrate of the subdivision or district, as the case may be; (1) when it comprises a single division, or part of a division extending over more than one district, by the Commissioner of that division; (c) when it comprises the whole or part of more than one division, by such officer as the Governor may, by potification in the Gazetté, appoint; (4) a landholders' constituency, by the Commissioner of the division; (5) (i) the Calcutta University Constituency, by the Member, Board of Revenue, Bengal, and (ii) the Dacia University Constituency, by the Commissioner of the Dacea Division ; (6) a commerce and industry constituency, by the Commissioner of the Presidency Division; and (7) a labour constituency other than a trade union constituency (a) in the case of the Calcutta and Suburbs Factory Labour Constituency, by the Commissioner of the Presidency Division; and (6) in other cases when the constituency is comprised within a single district or part of a district, by the Magistrate of the district. 16. For the purpose of preparing the electoral roll the Registering Authority may employ such agency as he thinks fit. 17. The electoral roll of each constituency shall be prepared in such form and in such language as the Governor may direct. 18. The Registering Authority may divide a constituency into electoral areas for the purpose of facilitating the preparation of the electoral roll, and so much of the roll as relates to an electoral area may be separately prepared. 19. Before the preparation of an electoral roll for a commerce and industry constituency is taken in hand, the Registering Authority shall call upon each of the constituent bodies referred to in sub-paragraph (2) of paragraph 8 of Part IV of the Order, to prepare and to submit to him within auch time and in such form as may be specified by him in this behalf a list of the qualified members of the body within the meaning of sub-paragraph (2) of paragraph 9 of Part IV of the Order together with, in the case where such member is a firm, corporation or Hindu joint family, the names of the nominees of such firm, corporation or Hindu joint ·113 . family nominated by it under paragraph 10 of Part IV of the Order. 20. When the nominees of a firm, corporation or Hindu Particulars to joint family are entitled to be included in the electoral roll of a be entered in commerce and industry constituency under rule 6, the names of the electoral such nominees not exceeding three in number shall be entered at rolls of one and the same place bearing consecutive serial numbers in the commerce and column showing the names of the electors in such electoral roll and constituencies they shall be described in the roll as nominees of such firm, corpo- in certain ration or Hindu joint family, as the case may be, and the address cases. of the office of such firm, corporation or Hindu joint family shall also be given in the roll. 21. When any question arises whether an individual, firm, Evidence as to corporation or Hindu joint family concern was assessed to income- the nasessment tax in any year on income derived from commerce, industry, mining of incomo-tox or planting of not less than Rs. 10,000, il statement by the Income in the case of a commerco and tax Officer or his successor in office that such individual, firm, corindustry porution or lindu joint family concern was or was not assessed constituency. on income derived from commerce, industry, mining or planting of not less than Rs. 10,000 shall be conclusive evidence of the fact. 22. It shall be the duty of every person in charge of any muni- Information cipal or cantonment record or the record of any other local body, regarding, and to give to every Registering Authority or his agent employed under accoge to, rocords rule 16 or to every Revising Authority such information and guch of municipalities, extracts from the said records and such access to such records as other local bodies may be necessary for the purpose of preparation of the clectoral for the purposo rolls or detemination of any claim or objection to any such rolls. of inquiry regarding ? qualifications of electors and. of docisions of claims and objoctions. . 23. The electoral roll of every constituency specified below Draft publi. shall be published by the Registering Authority in the manner cation of olec. noted under each- (1) a Muhammadan, or general, or Indian Christian rural. constituency- (a) so much of the roll as relates to each chaukidari union, at the office of the panchayat; () so much of the roll as relates to each union constituted Bengal Act under the Bengal Village Self-Government Act, V of 1919. 1919, at the office of the union board; (c) so much of the roll as relates to the jurisdiction of cach police-station, at the police-station; (d) so much of the roll as relates to each subdivision, at the subdivisional office: Provided that so much of the roll as relates to the Sadar subdivision of a district shall be published at the District Office of such district.

·114 area or (e) so much of the roll as relates to the included within the jurisdiction of each sub-registry office, at such office; ) so much of the roll as relates to each municipality, at the municipal office, and the portion of the roll relating to each ward of a municipality, at a convenient place within the ward; (g) so much of the roll as relates to the area included within the jurisdiction of each Munsif's Court, at such Court, and the portion of the roll relating to the jurisdiction of the Mungifs' Courts located at headquarters of districts, at the District Judge's Court: Provided that where there is no District Judge's Court at the headquarters of the district, publication shall be at the Court of the Additional District Judge; (h) a complete copy of the roll, at the offices of the Registering Authority and of the Returning Officer; (2) a Muhammadan, or general, or Indian Christian Women's urban constituency (a) so much of the roll as relates to each municipality or cantonment, at the municipal or cantonment office, and the portion of the roll relating to each ward, at a convenient place within the ward; (b) so much of the roll as relates to Kharagpur town in the district of Midnapore, at such places in the Kharagpiir town as the Registering Authority considers suitable; (c) a complete copy of the roll, at the offices of the Registering Authority and of the Returning Officer; (3) a European or Anglo-Indian constituency- (a) so much of the roll as relates to each district and subdivision, at the district and subdivisional offices, respectively: Provided that so much of the roll as relates to the Sadar subdivision of a district shall be published at the District Office of such district; (6) so much of the roll as relates to Calcutta, at the office of the Chief Executive Officer, Calcutta Corporation : (c) a complete copy of the roll, at the offices of the (i) Registering Autho:ity, (ii) Returning Officer; (4) a landholders' constituency- (a) so much of the roll as relates to each district and subdivi. sion, at the district and subdivisional offices, respectively: Provided that so much of the roll as relates to the Sadar subdivision of a district shall be published at the District Office of such district;

·115 (6) so much of the roll as relates to the area included within the jurisdiction of each Munsif's Court, at such Court, and the portion of the roll relating to the jurisdiction of the Munsifs' Courts located at headquarters of districts, at the District Judge's Court: Provided that where there is no District Judge's Court at the headquarters of the district, publication shall be at the Court of the Additional District Judge; (c) so much of the roll as relates to Calcutta, at the office of the Chief Executive Officer, Calcutta Corporation; (d) a complete copy of the roll, at the offices of the (i) Registering Authority, (ii) Returning Officer; (5) a University constituency~ a complete copy of the roll, at- (i) each district office, (ii) the offices of the Registering Authority and of the Returning Officer, (iii) the office of the Registrar of the University; (6) a commerce and industry constituencya complete copy of the roll, at-- (i) the offices of the Registering Authority and of the Returning Officer, (ii) the office of the Chamber or Association forming the constituency; (7) a factory labour, colliery labour or tea garden labour constituency- (a) so much of the roll as relates to each factory, colliery or tea garden, at the office of such factory, colliery or tea garden; (b) a complete copy of the roll, at the offices of the (i) Registering Authority, (ii) Returning Officer. 24. A notice in form III annexed to these rules shall Notice inviting be published together with the electoral roll, when published claims and under rule 23, specifying for each electoral area the "Revising objections. Authority to whom, the place at which, and the period referred to in sub-rule (1) of rule 25 within which claims for inclusion in the electoral roll, or objections to any names or parti- «culars entered in the roll, are to be preferred. All such claims and objections shall be addressed to the Revig. ing Authority and shall cither be presented to the Revising Authority or to the Registering Authority or to the District or Subdivisional Magistrate of the district or subdivision to which the claimant or objector belongs or be sent by post to the Revising • ·116 Claims and objections whon and how to be made. Authority. In the case of labour, university and commerce and industry constituencies the claims and objections shall be addressed and presented or sent by post to the Revising Authority. 25. (1) All such claims and objections to the roll shall be made in forms IV, V, VI, VII, VIII and IX annexed hereto, within thirty days from the date of the publication of the roli under rulo 23: Provided that the Governor may, by notification in the Gazette, specify a shorter period within which claims and objections shall be preferred in respect of the electoral roll of any constituency. (2) The Revising Authority shall not entertain any claim or objection received after the time referred to in sub-rule (1). 26. (1) A claim shall be signed either by the person desiring his nanie to be included in an electoral roll or by an agent authorised in writing by such person and, unless it is sent by post, shall be presented either by such person personally or by such agent: Provided that when it is desired to have the names of the nominees of a firm, corporation or Ilindu joint family included in tho electoral roll of a commerce and industry constituency the claim shall be preforred by such firm, corporation or Hindu joint family and not by any of its nominees and shall be signed on its behalf by one of the persons who are qualified to be nominated by it as such nominee and, unless it is sent by post, shall bo presented by such person or an agent authorised in writing by Particulars regarding claims and objoctions. such person. (2) Where objection is made to the inclusion in the roll of any person whose name appears therein, such objection shall contain in respect of such person all the particulars entered in the roll. No person shall prefer an objection to the inclusion of any name in the electoral roll of a constituency unless his name or the name of its nominee is already included in the electoral roll of that constituency. Applications for the transfer of a name from the electoral roll of one constituency to that of another constituency are inadmissible. If any person desires such a transfer he shall prefer an objection to the inclusion of his name in the one roll and a second and separate claim for the inclusion of his name in the other roll. Making of 27. (1) The Registering Authority, or in any case where corrections in the Registering Authority is a Commissioner of a division the electoral roll. or the Member, Board of Revenue, Bengal, his agent employed under rulo 16, shall, within the period specified in sub-rule (1) of rule 25, make an application to the Revising Authority for the making of any corrections in the roll—such as the removal of duplicate entries, or the expunging of the names of persons who are dead or subject to any legal incapacity--which he considers necessary to the preparation of a complete and accurate roll. (2) The Revising Authority shall serve, on cach of the persons affected by the application, a notice specifying the correction which it is proposed to make in the roll and the place where and the time when objections to the proposed correction will be heard : Provided that no such notice shall be served where the Revising Authority is vrimâ facie satisfied that the application for correction ·117 should be granted or where the application is one for the correction of a clerical or printing error. 28. A register of all claims and objections shall be maintained Register of by the Revising Authorities, the Registering Authorities, the clains and objections. District Magistrates and the Subdivisional Magistrates. Except in the where the Revising Authority is prima facie satisfied as to the validity of a claim, every person whose claim or objection is received in time shall be served with a notice in form X by the Revising Authority specifying the place where and the time when his clain or objection will be heard, and directing him or his agent to be present with such evidence as he may wish to adduce. case 29. When objection is made by any person to the inclusion Notico of of the name of any other porson recorded thereiu, the Revising objections whon to be given. Authority shall, except in the case where such authority is prima facie satisfied as to the validity of the objection, serve on such other person a notice in form XI anuexed to these rules, giving the grounds on which the inclusion of his name has been objected to, and requiring such person or the agent of such person to attend at the place and time fixed for the hearing of the objection. Service of notice. 30. Every notice issued by the Revising Authority shall, if possible, be served personally, and in default of personal service, shall be served by registered post or by affixing a copy thereof at the residence within the constituency of the person concerned or in the case of a firm, corporation or å Hindu joint family concern at its office. A certificate of service, either personal or otherwise, shall be deemed to be conclusive proof of the fact of such service. . 31. At the time fixed for the hearing, the Revising Authority Inquiry into shall hold a summary inquiry into the claim or objection preferrel, objections by and shall record his decision. He shall also, after considering any the Rovising verbal or written objections that may be preferred, decide on any Authority. application made by the Registering Authority for corrections to the roll. For the purpose of the inquiry the roll as published under rule 23 shall be presumed to be correct and complete until the contrary has been proved. No party shall be represented by any legal practitioner at any proceeding under this rule. 32. The orders made by the Revising Authority shall be final Decision of the and he shall communicate his decision to the Registering Authority Rovising and to the agent, if any, employed under rule 16, and such Regis- regarding claims tering Authority or agent shall cause the roll to be allered in and objections. accordance therewith. The Revising Authority shall also direct the Registering Authority, and such agent, if any, to correct any clerical or printing errors which he may himself discover in the roll. 33. (1) The electoral roll so altered shall be republished in the Final publi. manner specified in rule 23 and shall come into force from the date cation of eleo. of such republication and shall remain in force for a period of three toral rolle. years after which a fresh roll shall be prepared :

·118 Amendmonta to electoral rolle. Provided that the Governor niay, by notification in the Gazette, direct the preparation in accordance with these rules of a fresh rolí at any time before the expiration of the said period. (2) If a constituency is called upon to elect a member or members, after an electoral roll has ceased to have force and before the completion of the new electoral roll, the old electoral roll shall for the purposes of that election continue to operate as the electoral roll for the constituency. (3) Provision may be made for the sale of copies of the roll to the public. 34. (1) Notwithstanding anything contained in these rules any person may apply to the Registering Authority for the conatituency concerned for the amendment of any electoral roll for the time being in force, and the Registering Authority on receipt of such application shall forward it to the Governor. The Governor may, at any time after any such application has been received in respect of an electoral roll, by notification in the Gazette, direct the preparation of a list of amendments thereto, and all the provisions of these rules shall apply in the case of every such list in like manner as they apply in the case of electoral rolls: Provided that where any such application is made for the cor- ‘rection of an existing entry in the electoral roll and the Registering Authority is satisfied after personally hearing the applicant that the entry relates to the applicant and is erroneous or defective in any particular, he may amend the roll or cause it to be amended accordingly: Provided further that where any such application is made for amendment of the electoral roll by the inclusion of the name of the applicant or, in the case where the applicant is a firm, corporation or Flindu joint family, by the inclusion of the names of its nominees, the Registering Authority shall, on payment by the applicant of a fee of Rs. 10 make, subject to the general or special order of the Governor, such inquiry as he thinks fit and shall, if satisfied as to the validity of the applicant's claim, amend the roll or cause it to be amended accordingly: Provided also that where an application under this subrule is made by a firm, corporation or Hindu joint family for the amendment of the electoral roll of a commerce and industry oonstituency, such application shall be signed by one of the persons who are qualified to be nominated by it as a nominee under paragraph 10 of Part IV of the Order and presented by such person or an agent authorised in writing by such person. (2) When any list of amendments has been republished under sub-rule (1), the electoral roll to which it relates shall be deemed to have been amended accordingly. Part 111. Special rules for the preparation, revision and publication of electoral rolls in trade union constituencies. Special rulos to 35. Save as expressly provided in these rules the provisions be applicable in a of Part II of these rules shall not apply in the case of the preconstituency for paration, revision anil publication of electoral rolls in a trade preparation, etc., union constituency but in such case the provisions of this part of electoral rolls. shall apply.

·119 36. An electoral roll shall be prepared for every trade union Electoral roll constituency in which shall be included the names of all persons for trade union appearing to be entitled to be included in the electoral roll of that constituencies. constituency. 37. Subject to the provisions of sub-paragraph (1) of para. General graph 20 of Part IV of the Order, every person shall be entitled to inclusion in the have his name included in the electoral roll for the Railway Trade electoral roll of Union constituency if he is a member, honorary member or official the Railway of a constituent trade union and is qualified to be included in such Tradlo Union roll under these rules or by virtue of the provisions of the Act or constituency. any Order or other rule made thereunder, or of any Act of the Provincial Legislature. 38. Subject to the provisions of sub-paragraph (1) of para- Gonoral graph 20 of Part IV of the Order, every person shall be entitled conditions for to have his name included in the electoral roll for the Water inclusion in the olectoral roll of Transport Trade Union constituency if he is nominated in this the Water Transbehalf by the executive of a constituent trade union under sub- port Trade Union paragraph (5) of paragraph 19 of Part IV of the Order and is constituency. qualified to be included in such roll under these rules or by virtue of the provisions of the Act or any Order or other rule made thereunder, or of any Act of the Provincial Legislature. 39. At the first elections held for the purpose of constituting Inclusion of the Legislative Assembly of the Province or at any bye-election Ruler or subject held for the purpose of filling any scat in a trade union constituency State in the of the Assembly so constituted, a Ruler of an Indian State electoral roll. and a subject thereof shall be deemed to be qualified to be included in the electoral roll for a trade union constituency for the purpose of clause (c) of paragraph 5 of Part I of the Order. 40. (1) For the purpose of determination of the trade unions Appointment of which shall be deemed to be recognised trade unions, and for the Tribunal. purpose of determination of the trade unions which shall be deemed to be constituent trade unions in the case of the Railway Trade Union constituency and in the case of the Water Transport Trade Union constituency, the Governor may, before the preparation of the electoral roll of any trade union labour constituency is taken in hand, appoint under sub-paragraph (t) of paragraph 18 of Part IV of the Order a Tribunal to be called the Trade Uniop Constituencies Tribunal to perform the functions conferred on him by the provisions of the said paragraph. (2) Such Tribunal may also be appointed by the Governor under the said sub-paragraph at any time for the reconsideratiou of the circumstances of registered trade unions operating in the Province and for the revoking of certificates previously issued to such trade unions and the granting of new certificates as the circumstances may appear to require. 41. (1) The Trade Union Constituencies Tribunal (herein- Constitution of after referred to as "the Tribunal") shall consist of three men- the Tribunal bers, one of whom shall be the President. The President shall be and the publice. a person who is or has been, or is eligible to be appointed, a Judge names of its of a High Court. The other members shall be persons not engaged members in the in trade, industry, commerce or mining. The names of persons Gazette.

·120 are appointed as members of the Tribunal shall be published in the Gazette. (2) If the services of any member of the Tribunal not available for the purpose of performing any of its functions, or if, during the course of performing any functions of the Tribunal, any member is unable to continue to attend the same, tho Governor shall appoint a new member in place of the old member under sub-paragraph (4) of paragraph 18 of l'art IV of the Order and the old member shall thereupon cease to be a member but the functions performed by the member before the new member is appointed shall form part of the functions of the Tribunal. Tribunal to take necessary steps for the 1980e of certificates and for the revoking of certificates iasuod. 42. (1) The Tribunal may take such steps as it deems necessitry to determine the registered trade unions which shall be certified by it under sub-paragraph (2) of paragraph 18 of Part IV of the Order for the purpose of being deemed as recognised trade unions and the registered trade unions which shall be certified by it under sub-paragraph (1) of that paragraph for the purpose of being deemed a constituent trade union and for the revoking of certificates previously issued anil for the granting of new certificates as the case inay be. (2) All notices and requisitions issued under these rules by the Tribunal shall be signed by the President. Issuo of notico 43. (1) As soon as may be after its appointment the Tribunal inviting applica. shall causc a notice in form XII annexed to these rules to be issued tions from trade to all registered trade unions in the province inviting from them unions for certificatos for applications for certificates to be issued under sub-paragraphs (!) being deerned and (2) of paragraph 18 of Part IV of the Order. Such applirecognised cations shall be subinitted to the Tribunal within such time as may trarle unions be specified in this behalf in the notice by the Tribunal and shall be apıl constituent marle in form XIII annexed to these rules and shall be accomtrado unions, paniel by— (a) four copies of the rules of the applicant trade union corrected up to the date of the despatch of the rules to the Tribunal; and (b) a list of members of the applicant traile union including honorary members, attested by the auditors appointed by the union for the purpose of the general statement to be submitted to the Registrar of Traile Unions under section 28 of the Indian Trade Unions Act, 1926. XVI of 1926. (2) The Tribunal shall not entertain any application for certificate received after the time referred to in sub-rule (1). Production of registers and documents by trade unions before the Tribunal 44. For the purpose of satisfying itself as to the claims of a trade union for certificates referred to in rule 43 the Tribunal may require any trade union to produce, within such time as may be specified by the Tribunal, such registers, records or documents as the Tribunal considers necessary, and the Tribunal may employ such agency as it deems fit for the examination of such claims.

·121 45. The Tribunal may call upon any officer or member of Appoarance of a trade union to appear before it for oral examination on a date officers and members of the or dates to be appointed by it. union for oral oxamination before the Tribunal. 46. If a trade union fails to submit the particulars referred Penalty for to in clauses (a) and (b) of sub-rule (1) of rule 43 or to pro, submit purticuduce registers, records or documents required by the Tribunal lars or to under rule 44, the Tribunal may in its discretion refuse to produce certify the trade union under sub-paragraph (1) or sub-para- mgisters, graph (2) of paragraph 18 of Part IV of the Order. locuments. records or 1923. 47. The Tribunal, after considering the claims of the trade Insur of certi. unions who have applied for certificates under rule 4:3, shall, within ficutos to trade such time as may be fixed in this behalf by the Governor, issue wins and tho certificates in form XIV to such registered trade unions as satisfy unions certithe conditions referred to in clauses (a) to (d) of sub-paragraph fied by the (2) of paragraph 18 of Part IV of the Order, and in form XV to Tribunal. such recognised trade unions as satisfy the conditious referred to in sub-paragraph (1) of that paragraph, and prepare a list of registered trade unions certified by it under sub-paragraph (3) of paragraph 18 of Part IV of the Order and another list of recoguised trade unions certified by it under sub-paragraph (1) of the said paragraph showing separately in the latter list the unions the rules of which restrict ordinary membership to persons norrually working on railways and the unions at least 80 per cent. of members of which are engaged in water transport and either possess certificates of discharge under section 93 of the Indian Merchant Shipping Act, 1923, at the port of Calcutta, or Chittagong or are XXI of ordinarily employed as inasters or members of crew of vessels used for navigation in inland waters. A copy of each such list shall be published in the Gazette and forwarded to the Registering Authority and the Returning Oflicer of cach trade union coustituency, and a copy of the list of recognised trade unions certified udor sub-paragraph (2) of paragraph 18 of Part IV of the Order shall be also sent to the Returning Officer of each factory and (olliery labour constituency by the Tribunal, as soon as may be, after its preparation. 48. In the case where a Tribunal has been appointed under Preparation of sub-paragraph (4) of paragraph 18 of Part IV of the Order for the issue of revised purposes referred to in sub-rule (?) of rule 40, the Tribunal may lified trade revoke the certificates previously issued to any union under sub- unions. paragraph (1) or sub-paragraph (2) of the said paragraph by order in writing in form XVI served on such trade union, and may vrant new certificates in forn. XIV or form XV as the circumstances may appear to the Tribunal to require. The Tribunal in such case shall, within such time as may be fixed in this behalf by the Governor, prepare and issue two revised lists containing the names of trade unions certified respectively under the said sub-paragraphs (1) and (2) in the manner referred to in rule 47 in super, session of the lists issued under that rule. The said two revised lists shall be published in the Gazette and a copy of each shall be forwarded to the Registering Authority and the Returning Officer of ·122 port Trade each trade union constituency and a copy of the revised list of recognised trade unions certified under sub-paragraph (2) of the said paragraph shall be also forwarded to the Returning Officer of each factory and colliery labour constituency, as soon as may be, after their preparation. Place of inenting 49. The Tribunal shall meet at such place as the President of tho Tribunal, may determine. Opinion of the 50. In the case of disagreement among the members of the majority in caso Tribunal, the opinion of the majority shall prevail. of disagreement. Preparation of 51. The electoral rolls for the Railway and the Water Transthe Railway and port Trade Union constituencies shall be prepared by the Registrar the Water Trang- of Trade Unions, Bengal, (referred to in these rules to the Registering Authority). Union constituencies, Employment of 52. For the purpose of preparing the electoral roll the Regisagents for tering Authority may employ such agency as he thinks fit. proparation of olectorul rolls of trade union constituencies, Forin and 53. The electoral roll of the Railway and the Water Transport langunge of Trade Union constituencies shall be prepared in such form and in electoral rolla such language as the Governor may direct. of troule union constituences. Rogistoring 54. Before the preparation of the electoral roll for the Railway Authority to Trade Union constituency is taken in hand, the Registering call for list of Authority shall call upon each constituent trade union to prepare members, cte., for inclusion in and submit to him within such time and in such form, as may be the electoral roll specified by him in this behalf, a list of members, honorary members of the Railway and oflicials of such union who are qualified to be included in the Trade Union clectoral roll for the constituency under paragraph 19 of Part IV constituoney. of the Order. Rogistering 55. Before the preparation of an electoral roll for the Water Authority Transport Trade Union constituency is taken in hand, the Registo call for list of porsons tering Authority shall call upon the executive of each constituent nominated for trade union to nominate, in accordance with the provisions of subinclusion in the paragraph (5) of paragraph 19 of Part IV of the Order, a person or electoral roll of persons qualified to be included in the electoral roll for the constitho Water tuency under the said paragraph, and to submit to him within such Transport Trade time and in such form as may be specified by him in this behalf a Union constituency. list of persons sO nominated together with a list of ordinary members of such union who are not in arrears with their subscriptions to the union and have bcen members of such union for not less than six months. Production of 56. For the purpose of satisfying himself as to the correctness registers, records of the list of members, honorary members and officials submitted by tralo unions by a trade union under rule 54, and the list of persons nominated and appearance and the list of ordinary members submitted by a trade union under of officors and rule 55, the Registering Authority may require any trade union to members of produce before him, within such time as he may fix in this behalf, unions for oral examination any register, record or document of such union, and may call upon before the any officer or member of a trade union to appear before him for Registering oral examination on a date or dates to be fixed by him. Authority.

·123 57. The electoral roll for the Railway and the Water Draft publication Transport Trade Uniou constituencies shall be published by the of electoral rollo in trado union Registering Authority in the manner noted under eachconstituencies, (1) the Railway Trade Union constituency-- (u) so much of the roll as relates to each constituent trade union, at the registered office of such union, (6) a complete copy of the roll, at the offices of the (1) Registering Authority, (ti) Returning Officer; (2) the Water Transport Trade Union constituencya complete copy of the roll, at- (1) the registered office of each constituent trade union, (ii) the office of the Registering Authority, (iii) the office of the Returning Officer. 58. A notice in form III annexed to these rules shall be pub- Notice inviting lished together with the electoral roll, when published under rule claims and 57, specifying the Revising Authority to whom, the place at which, objections. and the period referred to in sub-rule (1) of rule 59 within which claims for inclusion in the electoral roll, or objections to any names or particulars entered in the electoral roll, are to be preferred. In the case of the Water Transport Trade Union constituency a claim may be preferred only by a constituent traile union of the constituency and by no other person for inclusion of the name of a person nominated by it in accordance with the provisions of sub-paragraph (5) of paragraph 19 of Part IV of the Order. All such claims and objections shall be addressed and presented or sent by post to the Revising Authority. 59. (1) All such claims and objections in the roll shall be Claims and made in forms XVII and XVIII annexed to these rules within objections in fourteen days from the date of the publication of the roll under trade union rulo 57. constituoncies. (2) Any such claim or objection when preferred by a trade union shall be signed either by the Secretary to the union or by an agent authorised in writing by such Secretary and, unless it is sent by post, shall be presented either by the Secretary personally or by such agent, and in other cases shall be signed and, unless it is sent by post, shall be presented by the person making it or by an agent authorised in writing by such person. (3) The Revising Authority shall not entertain any claim or objection received after the expiry of the period referred to in sub-rule (1). 60. The provisions of rules 27, 28, 29, 30, 31, 32, 33 and 34 General rules of Part II shall apply mutatis mutandis to claims and objections rogarding deci. preferred under rule 58 and to electoral rolls of the Railway and sion of claims the Water Transport Trade Union constituencies published under and final publi. rule 57: cation of olecto. Provided that any reference in rules 27 to 34 of Part II to any in the case of ral rolls to apply provision of that Part shall be construed as a reference to the cor- trade union responding provision of this part: constituencies. Provided also that a notice issued by the Revising Authority when addressed to a trade union shall be served on the Secretary ·124 Custody and preservation of electoral rolls, eto. to the trade union personally or by registered post, and, in default of such service, shall be served by afixing a copy thereof at the registered office of the union : Provided further that in the case of an application for amendment of any electoral roll forwarded to the Governor by the Registering Authority under rule :34 of Part II, the Governor may, before directing the preparation of a list of amendments to the electoral roll under that rule, appoint a Tribunal under sub-paragraph (4) of paragraph 18 of Part IV of the Order for purposes referred to in sub-rulo (3) of rule 40. Part IV.–Custody and preservation of electoral rolls and other election papers connected therewith. 61. (1) The papers mentioned in column 1 of Schedule II hereto annexed shall be kept in the custody mentioned in the second column thereof for the period specified in the third column thereof, unless their retention is otherwise ordered by competent authority. (2) One complete copy of the final electoral roll of each constituency shall be forwarded by the Registering Authority of each constituency, to the Keeper of Records, Bengal, through the Reforma Office, for permanent deposit in the Secretariat Record Room. (3) Copies of final electoral rolls referred to in entry 4 of Schedule II deposited under sub-rule (1) and copies of such rolls deposited under sub-rule (2) shall, before deposit, be duly authenticated by the Registering Authority. (4) Printed copies of final electoral rolls in excess of the number required for permanent record shall be also deposited in the case of a constituency other than a Calcutta constituency in the office of the Registering Authority of the constituency, and in the case of a Calcutta constituency in the office of the Commissioner, Presidency Division. Spare copies of electoral rolls so deposited shall be available for sale to the public for a period of three years from the date of publication after which they will be sold as waste paper under the orders of the authority with whom they are deposited. (5) The public shall have a right to inspect the election papers mentioned in Schedule Il and to get attested copies thereof on payment of the fees laid down in the Bengal Records Mannial, 1917, and in the rules for the management of the Secretariat Record Room. Part V.—Special provisions. 62. If any difficulty arises as to the preparation or publication of any electoral roll or of any list of amendments to any such roll under the provisions of these rules, or of the Act or any Order or other rule made under the Act, or of any Act of the Provincial Legislature, the Governor muy by order do anything not inconsistent with such provisions which appears to him to be necessary for the proper preparation or publication of the roll. 63. If any question arises as to the interpretation of these rules otherwise than in connection with an election inquiry held under the Act or any Order or rule made thereunder, or under an Act of the Provincial Legislature, the question shall be referred for the decision of the Governor, and his decision shall be final. Powers of Govornor in caso of difficulty. Interpretation in oase of doubt.

·125 FORM I. Notice. ......... ....... (Rule 14.) For the purpose of preparation of the electoral roll for............... .../ ..... constituencies of the Bengal Legislative Assembly, applications are invited from persons who are qualified to be included in the electoral roll for any of the aforesaid constituencies by virtue of the provisions of "paragraph 3 or paragraph 4 of Part IV of the Sixth Schedule to the Government of India Act, 1935. Such applications shall be made in form IV so as to reach the undersigned not later than the..... ...day of......... 1936, corresponding to the..... .day of............... (B.S.). ........ Registering Authority. Date..... N.B.-Copics of the form will be supplied free by the Registering Authority on application. *Paragraphs 3 and 4 of Part IV of the Sirth Schedule lo the Government of India Act, 1935. Qualificacions depending on property. 3. Subject as aforesaid, a person shull also be qualified to be included in the cloctoral roll of any territorial constituency if at any time during the previous financial or Bengali year he has occupied by virtue of his employment a house in the Province the annual valuation of which is not less than forty-two rupees. In this paragraph “annual valuation means the annual rental of the house as ascer. tained from any accounts of the omployer of the person in question which are required by or under any law to be regularly audited or, if the annual valuation is not so ascer. tainable, one-tenth of the annual remuneration received by the person in question for the employment by virtue of which he occupies it. Educational qualification. 4. Subject as aforesaid a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved in the prescribed manner to have passed the matriculation examination of any prescribed university, or an examination prescribed as at least equivalent to any such examination, or if it is so prescribed, any other pres. oribed examination, not lower than a final middle school examination. 9 ·126 FORM IL. Notice. (Rule 14.) For the purpose of preparation of the electoral roll for.... .... (1) Tea Garden (2) Factory/ (3) Colliery Labour constituency of the Bengal Legislative Assembly, applications are invited from persons who are qualified to be included in the electoral roll for the said constituency, under sub-paragraphs (0) and (7) of paragraph 19 and under paragraph 25 of Part IV of the Government of India (Provincial Legislative Assemblies) Order, 1936, but who have been employed in more than one tea garden/factory/mine for the period or periods suficient to qualify them for inclusion in the said electoral roll. Such applications shall be made in form VIII so as to reach the undersigned not later than the........... .day of.......... ....... 1936, corresponding to the...... .....day of......... 1 (B.S.). Registering Authority. Date....... ... N.B. -Copies of tho form will be supplied free by the Registering Authority on application.

·127 "FORM III. Notice (Rules 24 and 58.) Electoral roll of........ ......constituency. Union/Municipality Factory/Colliery/Tea Garden (University/ Association Chamber/Trade Union. A draft list of voters included in this part of the abovenamed roll is herewith published for general information. All clairas to be jucluded in this roll must be made in form.... ...... .......... and all objections to any name entered therein in forn...... not later than the....... ....day of....... ...1936, corresponding to the................. (B. S.) ....day of..... to....... ...... The Revising Authority for the roll is........ (address). Claims and objections shall be addressed to the Revising Authority and shall either be presented to the Revising Authority or to the Registering Authority or to the District or Subdivisional Magistrate of the district or subdivision to which the claimant or objcctor belongs, or be sent by post to the Revising Authority. In the case of Labour, University and Commerce and Industry constituencies the claims and objections shall be addressed and presented or sent by post to the Revising Authority. Registering Authority. Dated..... ...... Note.-Copies of the form will be supplied free by the Registering Authority on application.

·128
FORM IV.
Claim for inclusion in the electoral roll of a territorial constituency.
(Rules 11 and 25.)
BENGAL LEGISLATIVE ASSEMBLY.
(a)...... General | Muhammadan/Women's/Indian Christian European)
Anglo-Indian Constituency.
Claim for inclusion in electoral roll of (6).
.................
............
(c) son/wife/daughter of..........
(d)..
.....
(e) resident at No.................. Street.................. Ward No............./
Village/ Ward.
.... Union/Municipality...........
...... Post Office
.Police-station.....
Calcutta, or/Subdivision
..... District........
......
.......
(a) Only the name of the constituency for which this alaim is preferred should
remain. Strike out others.
(6) Name in full.
(c) Strike out the words not required.
(d) Here insert caste if claimant belongs to a Scheduled Caste, or state
whether Muhammadan, European, Anglo-Indian or Indian Christian.
(e) Here insert particulars as to place of residence for which claimant claims
to be qualified.

·129
The claimant has the following electoral qualification, vie.,.
............!
............
......
.....
in support of which the claimant submits with this claim the following
original/certified copies of documents, viz.,....
......
.O.O.
Declaration.
The above particulars are true and correct in all respects. The
claimant is a British subject (or the Ruler or subject of.......
..State)
and has attained the age of 21 years. He ordinarily and actually resides
for the greater part of the year at the above address and has not claimed
to be included or has not been included in any electoral roll of a
territorial constituency with any other address.
Signature or thumb impression of claimant....
...........
Signature of person signing on behalf of claimant...
.........
..........
Address of person signing if not the claimant......
........
Dated....
.......
N. B.-Any false declaration made by a person for the purpose of this claim
will rendor such person liable to a penalty.

·130
FORMY.
Claim for inclusion in the electoral roll of a Landholders' Constituency.
(Rule 25.)
BENGAL LEGISLATIVE ASSEMBLY.
.Landholders' Constituency.
...
Claim for inclusion in electoral roll of (a).
.......
(b) son/wife/daughter of........
(c) resident in/at No.........
..village/Ward/Street.......
.....
union/Municipality......
...Post Office............
Police-station
............ ...... ...............
(d) Subdivision.....
.District...........
(a) Name in full.
() Strike out the words not required.
(c) Here insert particulars as to place of residence for which claimant claims
to bo qualified.
(d) Strike out if not
equired.

·131
The claimant has the following electoral qualification, viz.,.
in support of which the claimant submits with this claim the following
original/certified copies of documents, viz.,
.....................
...
...... ........
Declaration.
The above particulars are true and correct in all respects. The
claimant is a British subjert (or the Ruler or subject of..........
State) and has attained the age of 21 years. IIe ordinarily and actually
resides for the greater part of the year at the above address and has
not claimed registration or has not been registered as a voter with any
other address or in any other landholders' constituency.
Signature of claimant........
.........
.
Signature of person signing on behalf of claimant.....
........
Address of person signiny if not the claimant.......
........
I......
......
Dated.
N. B.-Any false declaration made by a person for the purpose of this claim
will render such person liable to a penalty.

·132 FORM VI. Claim for inclusion in the electoral roll of a University Constituency. (Rule 25.) BENGAL LEGISLATIVE ASSEMBLY. .........University Constituency. Claim for inclusion in electoral' roll of (a)......... ........1 ..... .... (6) resident at No......... Street/Village/Ward......... Union/Municipality... Post Office ...Police-station.... ..District.. The claimant graduated from the Calcutta/Dacca University in ..........and (c) is a member of the Senate/Court of the Calcutta/Dacca University. (c) has been a registered graduate of the Calcutta/Dacca University since.... In support of these statements the claimant submits with this clain the following original/certified copies of documents, viz.,... 19.... Declaration. The above particulars are true and correct in all respects. The claimant is a British subject or the Ruler or subject of... State) and has attained the age of 21 years. He ordinarily and actually resides for the greater part of the year at the above address and has not claimed to be included or has not been included as a voter with any other address. Sig'ature of claimant..... Signature of person signing on behalf of claimant. Address of person signing if not the claimant... Duted..... ....... .......... (a). Name in full. Women should state whether married or unmarried; if married, naino of husband. (6) Here insert particulars as to place of residence. ic) Strike out if not required. N. B.-Any false declaration made by a pornon for the purpose of this claim will render such person liable to a penalty.

·133
FORM VII.
Claim for inclusion in electoral roll of a Commerce and Industry
Constituency.
(Rule 25.)
BENGAL LEGISLATIVE ASSEMBLY.
.....
.Constituency.
........
Claim for entry in the electoral roll of (a)......
.......
.... haring his/its oflice at (6)
...........
+
Post
Office/Street...
District/Calcutta.
(a) Namo in full of individual, firin, corporation or Hindu joint family.
(0) Hero insert particulars as to place of business for which claimant claims
to be qualified.

·134 .. ...... The claimant is a subscribing member in the list of members of (c)........ has paid all subscriptions accrued due before the........ ...193 is engaged in commerce, industry, mining or planting, was assessed to income tax on an income derived from commerce, industry, mining or planting of not less than Rs..............during....... (d) and has a paid up capital of.... (e) The claimant nominates the following three persons for inclusion in the roll as its nominees : (1) Name..... Designation (1).... Address...... (2) Name..... Designation (1) Address... (3) Name..... Designation ()........ Address..... ....... ! In support of these statements the claimant submits with this claim the following original/certified copies of documents, viz.,. Declaration. The above particulars are true and correct in all respects. The claimant bas not claimed to be included (e) or has not claimed for inclusion of any of its nominees, or has not been included or any of its nominees has not been included as a voter with any other address or in any other commerce and industry constituency. Signature of claimant........ Signature of person signing on behalf of claimant. Adilress of person signing if not the claimant.. Dated..... O. .... .... (c) Hero stato cho name of the Association or Chamber forming the constituency. (d) This should remain in the case of corporation only; strike out in other cases. (e) This applies in the case of n firm, Hindu joint family or corporution only. Striko out in other cases. (f) Hornstuto whether & membor, Director, Managing Agent, Manager, Secrotary or a porson who is or has for at loust six months been authorised to sign documents in the namo of the claimant in the ordinary course of its businoss. N. B.-Any false declaration made by a person for the purpose of this claim will render such person liable to a penalty.

·135
FORM VIlI.
Claim for inclusion in the electoral roll of a Labour (other than Trado
Union Labour) Constituency.
(Rules 13 and 25.)
BENGAL LEGISLATIVE ASSEMBLY.
Factory/ Ten Garden/Colliery Labour Constituency.
Claim for inclusion in electoral roll......
............
of (a)............
(b) sod/wife/daughter of........
......
resident in......
Village/ Ward.....
...
...........
Union/Municipality.....
.Post Office.......
....
Police-station......
........Subdivision....
.........,
District.
Employed in....
.as.......
(a) Naine in full.
16) Strike out the words not required.

·136 The claimant has the following electoral qualification, viz.,. II ........ ....... in support of which the claimant submits with this claim the following original/certified copies of documents, viz.,..... ..... II. PO Declaration. The above particulars are true and correct in all respects. The claimant is a British subject (or the Ruler or subject of...... State) and has attained the age of 21 years. He has lived for....... months in....... ..year at the above address and has not claimed registration or has not ibeen registered as a voter with any other address or in any other labour constituency. He is not subject to Indian Military Law. Signature of claimant....... ........4 Signature of thumb impression of claimant..... .......... Signature of person signing on behalf of claimant...... ....... ...... Address of person signing if not the claimant...... ....... Dated......... ..... N. B.-Any false declaration made by a person for the purpose of this claim will render such person liable to a penalty.

·137 FORM IX. Objection to registration of voters. (Rulo 25.) BENGAL LEGISLATIVE ASSEMBLY. (a)......General | Muhammadan/Women's|Indian Christian European Anglo-Indian|Landholders' |University Commerce and Industry/ Labour (other than Trade Union) Constituency. I hereby give you notice that I object to the entry of (b). on the electoral roll of.......... ....as gerial No............... in the roll ........ for......... Union/Ward of...... .....Police-station...... Subdivision/Municipality in...... .District. The grounds of my objection are ..... in respect of which I submit with this objection the following original/ certified copies of document, viz.,.... .... I declare this objection to be true to my own knowledge and information. Signature or thumb impression of objector.. Entered on the electoral roll of..... constituency as serial No......... ...in the roll for ..(c) Union/Ward of........ (c) Subdivision/Municipality in...... (c) district. Dated..... ... Present address, (a) Only the name of the constituency for which this objection is preferred should remain. Strike out other names. (b) Here insert name as it appears in electoral roll. (c) Strike out in the case of constituencies other than a General, Muhammadan or Indian Christian Constituency.

·138
FORM X.
Notice.
(Rule 28.)
To
......II
of....
You are hereby informed that your claim /objection in respect of the
electoral roll of the......
.....constituency of the........
........
.....
will be heard at......
...(place) at.......
...............o'clock
......
on the......
...day of.....
.........
and you are directed to
be present at the hearing with such evidence as you may wish to adduce.
Revising Authority.
Certified that this notice has been duly served by me this...............
day of......
Signature.

·139
FORM XI.
Notice.
(Rule 29.)
To........
..........
of.........
.........
Whereas objection has been made by......
...of........
to the inclusion of your name in the electoral roll of the.......
..constituency of the....
on the ground that
....
..you are hereby informed that the objection will be heard
at.......
........at..................O'clock on the.......
... day of
........and you are directed to be present at the hearing with such
.....
evidence as you may wish to adduce.
Revising Authority.
Certified that this notice has been duly served by me this..............
day of........
Signature.

·140 FORM XII. Notice. (Rule 43.) For the purpose of certification of registered trade unions under sub-paragraphs (1) and (2) of paragraph 18* of Part IV of the Government of India (Provincial Legislative Assemblies) Order, 1936, the .....union, a registered trade union in Bengal, is invited to prefer a claim before the Tribunal on or before the......... ..... The claim shall be in Form XIII, a copy of which is sent herewith. President, Trade Union Constituencies Tribunal. Date...... *Paragraph 18, sub-paragraphs (1) and (2), Part IV of the Government of India (Provincial Legislative Assemblies) Order, 1936. 18. (1) A trade union shall be deemed for the purposes of this Order to be a constituent trade union if and only if it is a recognised trade union and is certified by the Governor, exercising his individual judgment to bo in the case of the Railway Trado Union constituency, the union the rules of which restrict ordinary membership to persons normally working on railways and in the case of Water frar port Trade Union constituency the union at least 80 per cent. of niembers of which are engaged in water transport either possess certificates of discharge under section 43 of Indian Merchant Shipping Act of 1923 at the port of Calcutta or Chittagong or are ordinarily employed as masters or members of crew of vessels used for navigation in inland waters. (2) A trade union shall be deemed to be a recognised trade union if and only if it is certifiod by tho Governor, exercising his individual judgment- (a) to be a bona fide trade union existing wholly or mainly for industrial or provident purposes; and (b) to have been in existence for at least two years and to have been registered as a trade union for at least one year; and (c) to bave had throughout financial year preceding that in which certificate is given at least 250 ordinary members who have paid subscriptions for whole of that year; and (d) to have complied with any requiroments imposed by or under the Indian Trade Unions Act, 1926, with respect to the inspection of its books by the registrar of trade unions and with respect to the audit of its accounte.

·141 FORM XIII. Claim for being certified under sub-paragraphs (1) and (2) of paragraph 18 of Part IV of the Government of India (Provincial Legislativo Assemblies) Order, 1938. (Rule 43.) Union. The above registered trade union claiming to be certified under subparagraph (2)/sub-paragraphs (1) and (2) of paragraph 18 of Part IV of the Governinent of India (Provincial Legislative Assemblies) Order, 1936, submits four copies of rules of the union corrected up to............ .and the particulars in the accompanying lists in the following forms: 1. Honorary members. Serial No. Namo of honorary member. Address. OfHce held. Dato of admission. Age. Occupation. (1) (2) (3) (5) (6) (7) II. Ordinary members. Serial No. Name of ordinary momber. Serial number in register of ordinary members. Date of admission to union, Age. Occupation, Amount of subscription undor the rules, Latest dato of payment of subscription and whether in arrears or not. (1) (2) (3) (5) (6) (8) Declaration. The above particulars are true and correct in all respects. The claimant union has been in existence for..... .years and has been registered as a trade union for... .years. Datod. Signature of Secretary of claimant union. Countorsigned. The ontries in the accompanying lists aro correct. Signature of person signing on behalf of Secretary of the claimant union. Signature of auditor of trade union. Address of the person signing if not the Secretary of the claimant union. Datod.. 11 ·142 FORM XIV. Certificate to a trade union deemed to be a recognised trade union. (Rules 47 and 48.) For the purpose of being deemed to be a recognised trade union under sub-paragraph (2) of paragraph 18 of Part IV of the Government of India (Provincial Legislative Assemblies) Order, 1936, the..... .union is hereby certified to conform to the requirements mentioned in clauses (a) to (d) of that sub-paragraph. ..... ...... President, Trade Union Constituencies Tribunal. Member, Trade Union Constituencies Tribunal. Member, Trade Union Constituencies Tribunal. Dated...... FORM XV. Certificate to a trade union deemed to be a constituent trade union. (Rules 47 and 48.) For the purpose of being deemed to be a constituent trade union within the meaning of sub-paragraph (1) of paragraph 18 of Part IV of the Government of India (Provincial Legislative Assemblies) Order, 1936, the........ .union is hereby certified to be a union the rules of which restrict ordinary membership to persons normally working on railways/a union at least 80 per cent. of the members of which are engaged in water transport and possess certificates of discharge under section 43 of the Indian Merchant Shipping Act, 1923, at the port of Calcutta or Chittagong (or are ordinarily employed as masters or members of crew of vessels used for navigation in inland waters). President, Trade Union Constituencies Tribunal. Member, Trade Union Constituencies Tribunal. Member, Trade Union Constituencies Tribunal. Dated.... FORM XVI. Revocation of certificate issued to a trade union, (Rule 48.) The certificate issued on... .to..... union for the purpose of being deemed to be a recognised/constituent trade union under sub-paragraph (2)/sub-paragraph (1) of paragraph 18 of Part IV of the Government of India (Provincial Legislative Assemblies) Order, 1936, is hereby revoked. President, Trade Union Constituencies Tribunal. Member, Trade Union Constituencies Tribunal. Member, I'rade Union Constituencies Tribunal. Dated......

·148 FORM XVII. Claim for inclusion in the electoral roll of a Trade Union Constituency. (Rule 59.) BENGAL LEGISLATIVE ASSEMBLY. Trade Union Constituency. ..Union. at Claim for inclusion in electoral roll of (a)......... (b) resident No......... ....Street/ Village/Ward... Union Municipality..... Post Office...... .Subdivision District....... employed in...... as, ...on the... The claimant is an ordinary inember of.... .union and paid his subscription to the union in respect of the year ending the IIe is not in arrears. The claimant is an honorary member/official of...... ...union. He. was admitted as a member of the union on.. His age is ............and by occupation he is..... His serial number in the register of members is................ + The claimant union has......... .....ordinary members who are not in arrear with their subscription to the union and have been members of the union for not less than six months. The executive of the claimant *The portion botween asterisks applies in the case of the Railway Trade Union Constituency. Strike out this portion in tho case of the Water Transport Trade Union Constituency. (a) Namo in full. (6) Here insert particulars as to place of residence for which claimant claims to be qualified The portion between the daggers applies in the case of the Water Transport Trade Union Constituency. Strike out if not required.

·144 union has nominated the following persons for inclusion in the electoral roll of the constituency:- Name..... Age...... Address..... 2. Name..... Age...... Address.... ...t In support of these statements the claimant submits with this claim the following original/certified copies of documents, viz.,... ...I. Declaration. The above particulars are true and correct in all respects. The claimant/Each of the persons nominated by the executive of the claimant union named above/is a British subject (or the Ruler or subject of State). He has lived for.......... months in.........year at the above address. He bas / The said persons have, not claimed registration or has/have not been registered as a voter/voters with any other address or in any other trade union coustituency or in any factory or colliery labour constituency. He is/The said persons are/not subject to any Indian military law. Signature or thumb impression of claimant... ........ Signature of the Secretary to the claimant union...... Signature of person signing on behalf of claimant (or Secretary to the claimant union).. Address of person signing if not the claimant (or Secretary to the claimant union).... ..... Dated........ ........ N.B.-Any false declaration made by a person for the purpose of this claim will ronder such person liable to a penalty.

·145 FORM XVIII. Objection to electoral roll of a Trade Union Constituency. (Rule 59.) Trade Union Constituency. ... Union. I hereby give you notice that I object to the entry of the following particulars in the electoral roll of..... ....... V12., ...... ........ ...... ....... The grounds of my objection are- .......... ....... in respect of which I submit with this objection the following original/ certified copies of document, viz.,..... I declare this objection to he true to my own knowledge and informatiov. Signature or thumb impression of objector. Preserl address. Dated..

·146 SCHEDULE I. Roturning Officers. (Rules 3 and 4.) Class of constituency. Returning Officer. Other persons authorised to perform the functions of Returning Omcer. 1 2 S 1. A Calcutta torritorlal consti. tuency. Chief Presidency Magistrate, Other stipendiary Magistrates Calcutta. in Calcutta and the 1st and 2nd Municipal Magistrates. 2. Magistrate next in rank to the Subdivisional Magistrate. A torritorial constituency other Subdivisional Magistrate than a Calcutta constituency when it comprises a single subdivision or partof asubdivision. 3. A torritorial constituency other Magistrate or Deputy Commisthan a Calcutta constituency sloner of the district. when it comprises a single dis. trict or part of a district but not included in item 2. Additional District Magistrate of the district or Joint or Assistant Magistrate (where there is one); the Subdivisional Magistrates, the two senior Deputy Magistrates of the district. 4. A territorial constituency other than & Calcutta constitueucy when it comprises a single Division or part of a Division, but not included lu items 2 and 3. Commissioner of the Division Personal Assistant to the Comutasioner; District Magis. trate of the district in which the headquarters of the division is situated and in the case of the Presidercy Divislon, the Collector of Calcutta, Commissioner, Rajshahi | Personal Assistant to Commis- Divisiou. sioner; Deputy Commissioner, Jalpaiguri. 5. North Bengal Municipal 0. East Bengal Municipal Commissioner, Dacca Division .. Personal Assistant to Commisaloner; District Magistrate, Dacca. 7. Calcutta and Suburbs (European). Member, Board of Revenue, Bengal. Socretary to the Board of Revenue, Bengal; Personal Assistant to Commissioner, Presidency Division. 8. Anglo-Indian Ditto Ditto. 9. Calcutta cum Presidoncy Dlyi. slop (Indian Christian). Ditto Ditto. 10 A lau Tholders' constituency .. Commissioner of the Division Porsonal Assistant to Comunissioner; District Magistrate of the district in which the headquarters of the division is situated and in the case of tho Presidency Division, the Collector of Calcutta. 11 Calcutta University Member, Board of Revenue, Secretary, Board of Revenue, Bengal. Bengal; Personal Assistant to Commissioner of the Presiden y Division, 12. Dacca Univorelty .. Commissioner of the Dacca Personal Assistant to Commis- Division. Rioner and the District Magistratc, Dacca. Commissioner of the Presidency Personal Assistant to Com Division, missioner; the Collector of Calcutta. 13. and A Commerce constituoucy. Industry ·147 Class of constituency. Returning Officer, Other persons author|sed to perform the functions of Returning Officer. 1 2 9 14. Calcutta and Suburbs (Regis. Commissioner of the Presidency Personal Aaslatant to Commlatered Factorles). Division, sjoner; the Collector of Calcutta. 15. Barrackpore (Registered) Tac District Magistrate, 24-Parganas Additional District Magistrate, torios). 24-Parganas; Aubdivisional Maglatrate of Barrackpore. 16. Howrah (Registered Factories) District Magistrate, Howrah Subdivisional Magletrate, Bow. rah, and two senior Deputy Magistrates mum 17. Hooghly Serampore District Magistrate, Hooghly (Rogistered Factories). Subdivisional Magistrates of Hooghly Sadur and Serampore, 18. Colllery (Coal Min(s) District Magistrate, Burdwan Subdivisional Asansol. Magistrate 19. Tea Garden Labour Deputy Commissioners of Jala Subdivisional Magistrates and paigur! and Darjeeliug. two senior Deputy Magigtrates in the districts of Jalpaiguri and Darjeeling. 20. Rallway Trade Union Registrar of Bengal. Trade Vuions, Commissioner for Workmen's Compensation, Bengal. Ditto Ditto, 21. Wator Transport Trade Union..

·148 SCHEDULE II. Custody and proservation of election papers. (Rule 61.) Description of the election paper. Custody. Period for which to bo kept. 1. Preliminary electoral roll published under rule 23 oc rule 57 (three copies of each electoral roll). (a) In a constituency other than a Calcutta oonstituency-in the office of the Registoring Author. ity of the constituency. (6) In a Calcutta constitu. oncy-in tlie office of the Commissioner of the Presidency Division. One year. Ditto One yoar. 2. Application to the Registering Authority under sub-rule (1) of rulo 11, or Iulo 13. Ditto 3. Claims or objections to the proliminary olootoral rolls and the orders of the Revising Authority thoroon. Until the next rovision of the electoral roll of the constituency to which they pertain has bcen completed. 4. Final electoral rolls (a) In a constituency other than & Calcutta constituency-five copies in the offico of the Regis. tering Authority of the constituency (6) In a Calcutta constitucopies in the office of the Commissioner of the Presidency Division. Permanently. ency-five R. N. GILCHRIST, Reforms Commissioner and Joint Secretary (Ex-officio) to the Government of Bengal.

·The Bengal Legislative Council Electoral
(Preparation, Revision and Publication of
Electoral Rolls) Rules, 1936.

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·NOTIFICATION. No. 2042A.R.D.--20th May 1936.-In exercise of the powers conferred by paragraph 20 of the Fifth Schedule to the Government of India Act, 1935, read with paragraph 23 of Part I of the Government of India (Provincial Legislative Councils) Order, 1936, and of all other powers enabling him in that behalf, the Governor of Bengal in Council is hereby pleased to make the following rules for the preparation, revision and publication of the electoral rolls for the Bengal Legislative Council:- *The Bengal Legislative Council Electoral (Preparation, Revision and Publication of Electoral Rolls) Rules, 1936. Preliminary. as 1. These rules may be called the Bengal Legislative Council Short title. Electoral (Preparation, Revision and Publication of Electoral Rolls) Rules, 1936. 2. In these rules, unless there is anything repugnant in the Definitions. subjert or context, - (a) "Gazette'' means the Calcutta Guzcite; (b) “Revising Authority” means such person the Returning Officer may appoint in writing to perforin all or any of the duties of the Revising Authority under these rules in respect of a constituency or part of a constituency; (c) the Act" means the Government of India Act, 1935; 25 and 26 (d) the Order" means the Government of India (Provincial. Geu. Legislative Councils) Order, 1936. Part 1 Appointment of Returning Officers. 3. The Returning Officers for the constituencies mentioned in Returning the first column of Schedule I hereto annexed shall be the persons Officers. respectively specified in the corresponding entry in the second column thereof. 4. (1) The persons specified in the third column of Substitutes for the said schedule may, subject to the control of the Returning Returning Officer, perform all or any of the functions of the Returning Officer Officers. in the constituencies respectively specified in the corresponding entry in the first column thereof: Provided that no such person shall perform any of the functions of the Returning Officer, which relate to the acceptance of *The amendinents published undor notifications Nos. 3032 A.R.D., dated the 27th May 19:36 and 6318 A.R., datod the 12th August 1936 bave been incorporated in those Rules.

·152 a nomination paper or to the scrutiny of nominations or to the counting of votes, unless the Returning Officer is unavoidably prevented from performing the same, in which case the said functions may be performed in any constituency by a person specified in the corresponding entry in the third column of that schedule. (2) Reference to the Returning Officer in these rules shall, unless a contrary intention appears, be deemed to include any person when performing any duty or function, which he is authorised to perform under sub-rule (1). Part Il-Preparation, revision and publication of electoral rolls. Electoral roll. 5. An electoral roll shall be prepared for every territorial constituency in which shall be included the names of all persons appearing to be entitled to be included in the electoral roll for that constituency. It shall be published in the constituency together with a notice specifying the mode in which and the time within which claims for being included in the roll or objections to any names or particulars entered in the roll are to be preferred. General 6. Every person shall be entitled to have his name included conditions for in the electoral roll for a territorial constituency, if he is qualified inclusion in the electoral roll. to be included in such roll under these rules or by virtue of the provisions of the Act or any Order or other rule made thereunder or of any Act of the Provincial Legislature: Provided that no person shall be entitled to have bis name included in the electoral roll for more than one territorial constituency. Inclusion of 7. At the first elections hell for the purpose of constituting Ruler or subject the Legislative Council of the Province or at any bye-election of an Indian Stato in the held, before the elections held in the third year thereafter to fill electoral roll. the seats of members retiring on the expiration of their terms of office, for the purpose of filling any casual vacancy in the Council 80 constituted, a Ruler of an Indian State and a subject thereof, shall be deemed to be qualified to be included in the electoral roll for a territorial constituency for the purpose of clause (c) of paragraph 6 of Part I of the Order, Inclusion of 8. For the purpose of determining under clause (b) of parawomon on husbands' graph 14 of Part I of the Order, which of several women shall be qualifications, included in the electoral roll for any territorial constituency in Jespect of the qualifications of the husband the following procedure shall be adopted :- The wife whose name is forwarded to the Registering Authority, or his agent employed under rule 10, for this purpose by the husband shall be included in the electoral roll. In every other case the Registering Authority, or his agent employed under rule 10, shall include the senior wife or widow in the electoral roll after determining the seniority according to the priority of the date of marriage. Certificato co to the total income of a partner in & firm.. 8A. For the purpose of determining whether a person who is a partner in a firm which was assessed to income-tax in any financial year shall be deemed to have had in the year in respect of which such ·153 assessment was made the total income referred to in clause (a) of paragraph 2 or clause (a) of paragraph 7 or clause (a) of para. graph 8 of Part IV of the Order, such person shall be required to produce a certificate from the Income tax Officer, or the successor in office of such officer, that the total income of such person, including the amount in respect of such person's share of the firm's income on which income tax was so assessed, was not less than the amount specified in clause (a) of the said paragraph 2 or clause (a) of the said paragraph 7 or clause (a) of the said paragraph 8, as the case may be. 9. The electoral roll for every territorial constituency specified Preparation of below shall be prepared by the authority (referred to in these rules electoral roll. as the "Registering Authority") noted against each- (1) the_Calcutta General (urban) constituency, by the Chief Executive Officer of the Corporation of Calcutta; (2) the Calcutta Suburbs General (urban) and the Calcutta and Suburbs Muhammadan (urban) constituencies, by the Member, Board of Revenue, Bengal; (3) a territorial constituency other than the constituencies referred to in clauses (1) and (2) above,- (a) when it comprises a single district, or part of a district, by the Magistrate of that district; (b) when it comprises a single division, or part of a division extending over more than one district, by the Employment of Commissioner of that division; agents for («) when it comprises the whole or part of more than one electoral rolls. preparation of division, by such officer as the Governor may, by notification in the Gazette, appoint. Form and language of 10. For the purpose of preparing the electoral roll the Regis electoral rulls. tering Authority may employ such agency as he thinks fit. 11. The electoral roll of each constituency shall be prepared constituency Division of in such form and in such language as the Governor may direct. into electoral areas. 12. The Registering Authority may divide a constituency into electoral areas for the purpose of facilitating the preparation Information of the electoral roll, and so much of the roll as relates to an' rogarding, and electoral area may be separately prepared. access to, records of municipalities cantonments and 13. It shall be the duty of every person in charge of any other local bodies municipal or cantonment record or the record of any other local for the purpose body, to give to every Registering Authority or his agent employed of inquiry under rule 10 or to every Revising Authority such information and regarding such extracts from the said records and such access to such records lectors and of qualifications of as may be necessary for the purpose of preparation of the electoral decisions of rolls or determination of any claim or objection to any such rolls. claims and objoctions. 14. The electoral roll of every territorial constituency shall be published by the Registering Authority in the following Draft publi. mannercation of electoral roll, (a) so much of the roll as relates to each district and subdivision, at the district and subdivisional offices, respectively:

·154 Provided that so much of the roll as relates to the Sadar Aubdivision of a district shall be published at the District Office of such district; (b) so much of the roll as relates to Calcutta, at the office of the Chief Executive Officer, Calcutta Corporation, and the portion of the roll relating to each ward at a convenient place within the ward; (c) a complete copy of the roll, at the offices of the (1) Registering Authority, (ii) Returning Officer. Notico inviting 15. A notice in form I annexed to these rules shall be pubclaims end lished together with the electoral roll, when published under rule objoctions. 14, specifying for sach electoral area the Revising Authority to whoni, the place at which, and the period referred to in sub-rule (1) of rule 16 within which claims for being included in the electoral roll, or objections to any names or particulars entered in the roll, are to be preferred. All such claims and objections shall be addressed to the Revising Authority and shall either be presented to the Revising Authority or to the Registering Authority or to the District or Subdivisional Magistrate of the district or subdivision to which the claimant or objector belongs or be sent by post to the Revising Authority. Claims and 16. (1) All such claims and objections to the roll shall be objoctions w hon male in forms II and III annexed hereto, within thirty days and how to buy from the date of the publication of the roll under rule 14: made. Provided that the Governor may, by notification in the Gazette, specify a shorter perioil within which claims and objections shall be preferred in respect of the clectoral roll of any constituency. (2) The Revising Authority shall not entertain any claim or objection received after the time referred to in sub-rule (1). Particulars' 17. (1) A claim shall be signed either by the person desirregarding claims ing his name to be included in an electoral roll or by an agent and objectinns. authorised in writing by such person and, unless it is sent by post, shall be presented either by such persor personally or by such agent. () Where objection is made to the inclusion in the roll of any person whose name appears therein, such objection shall contain in respect of such person all the particulars entered in the roll. Vo person shall prefer an objection to the inclusion of any name in the electoral roll of a constituency unless his name is already included in the electoral roll of that constituency. Applications for the transfer of a name from the electoral roll of one constituency to that of another constituency are inadmissible. If any person desires such a transfor he shall prefer an objection to the inclusion of his name in the one roll and a second and separate claim for the inclusion of his name in the other roll. Making of 18. (1) The Registering Authority, or in any case where the corrections in Registering Authority is a Commissioner of a division or the the electoral roll. Member, Board of Revenue, Bengal, his agent employed under rule 1 6 ·155 10 shall, within the period specified in sub-rule (1) of rule 16, make an application to the Revising Authority for the making of any corrections in the roll-such as the removal of duplicate entries, or the expunging of the names of persons who are dead or subject to any legal incapacity--which he considers necessary to the preparation of a complete and accurate roll. (2) The Revising Authority shall serve, on each of the persons affected by the application, a notice specifying the correction which it is proposed to make in the roll and the place where and the time when objections to the proposed correction will be heard : Provided that no such notice shall be served where the Revising Authority is primâ focie satisfied that the application for correction should be granted or where the application is one for the correction of a clerical or printing error. 19. A register of all claims and objections shall be main- Register of tained by the Revising Authorities, the Registering Authorities, claims and the District Magistrates and the Subdivisional Magistrates. objections. Except in the case where the Revising Authority is prima facie satisfied as to the validity of a claim, every person whose claim or objection is received in time shall be served with a potice in form IV by the Revising Authority specifying the place where and the time when his claim or objection will be heard, and directing him or his agent to be present with such evidence as he niay wish to adduce. 20. When objection is made by any person to the inclusion Notice of of the name of any other person recorded therein, the Revising objections when Authority shall, except in the case where such authority is to be given. primâ facie satisfied as to the validity of the objection, serve on such other person a notice in form V annexed to these rules, giving the grounds on which the inclusion of his name has been objected to, and requiring such person or the agent of such person to attend at the place and time fixed for the bearing of the objection. 21. Every notice issued by the Revising Authority shall, if Service of notice. possible, be served personally, and in default of personal service, shall be served by registered post or by affixing a copy thereof at the residence within the constituency of the person concerned. A certificate of service, either personal or otherwise, shall be decned to be conclusive proof of the fact of such service. 22. At the time fixed for the hearing, the Revising Authority Inquiry into shall hold a summary inquiry into the claim or objection preferred, claims and and shall record his decision. He shall also, after considering any objections by verbal or written objections that may be preferred, decide on any Authority. application made by the Registering Authority for corrections to the roll. For the purpose of the inquiry the roll as published under rule 14 shall be presumed to be correct and complete until the contrary has been proved. No party shall be represented by any legal practitioner at any proceeding under this rule.

·156 Docision of the 23. The orders made by the Revising Authority shall be final Revising and he shall communicate his decision to the Registering Authority regarding claims and to the agent, if any, employed under rule 10, and such Regisand objections. tering Authority or agent shall cause the roll to be altered in accordance therewith. The Revising Authority shall also direct the Registering Authority, and such agent, if any, to correct any clerical or printing errors which he may himself discover in the roll. Final publication 24. (1) The electoral roll so altered shall be republished in of electoral rolls. the manner specified in rule 14 and shall come into force from the date of such republication and shall remain in force for a period of three years after which a fresh roll shall be prepared : Provided that the Governor may, by notification in the Gazette, direct the preparation in accordance with these rules of a fresh rolí at any time before the expiration of the said period. (2) If a constituency is called upon to elect a member or members after an electoral roll has ceased to have force and before the completion of the new electoral roll, the old electoral roll shall for the purposes of that election continue to operate as the electoral roll for the constituency. (3) Provision may be made for the sale of copies of the roll to the public. Amendments to 25. (1) Notwithstanding anything contained in these rules elootoral rolls. any person may apply to the Registering Authority for the constituency concerned for the amendment of any electoral roll for the time being in force, and the Registering Authority on receipt of such application shall forward it to the Governor. The Governor may, at any time after any such application has been received in respect of an electoral rolì, by notification in the Gazette, direct the preparation of a list of amendments thereto, and all the provisions of these rules 'shall apply in the case of every such list in like manner as they apply in the case of electoral rolls : . Provided that where any such application is made for the correction of an existing entry in the electoral roll and the Registering Authority is satisfied after personally hearing the applicant that the entry relates to the applicant and is erroneous or defective in any particular, he may amend the roll or cause it to be amended accordingly: Provided further that where any such application is made for amendment of the electoral roll by the inclusion of the name of the applicant, the Registering Authority shall, on payment by the applicant of a fee of Rs. 10 make, subject to the general or special order of the Governor, such inquiry as he thinks fit and shall, if satisfied as to the validity of the applicant's claim, amend the roll or cause it to be amended accordingly. (2) When any list of amendments has been republished under sub-rule (1), the electoral roll to which it relates shall be deemed to have been amended accordingly.

·157 Part II 1-Custody and preservation of electoral rolls and other election papers connected therewith. 26. (1) The papers mentioned in column 1 of Schedule II here. Custody and to annexed shall be kept in the custody mentioned in the second preservation of column thereof for the period specified in the third column thereof, etc. unless their retention is otherwise ordered by competent authority. (2) One complete copy of the final electoral roll of each constituency shall be forwarded by the Registering Authority of each constituency, to the Keeper of Records, Bengal, through the Reforms Office, for permanent deposit in the Secretariat Record Room. (3) Copies of final electoral rolls referred to in entry 3 of Schedule II deposited under sub-rule (1) and copies of such rolls deposited under sub-rule (2) shall, before deposit, be duly authenticated by the Registering Authority, (4) Printed copies of final electoral rolls in excess of the number required for permanent record shall be also deposited in the case of a constituency other than the Calcutta General (Urban) constituency in the office of the Registering Authority of the constituency and in the case of the Calcutta General (Urban) constituency in the office of the Commissioner, Presidency Division. Spare copies of electoral rolls so deposited shall be available for sale to the public for a period of three years from the date of publication after which they will be sold as waste paper under the orders of the authority with whom they are deposited. (5) The public shall have a right to inspect the election papers mentioned in Schedule II and to get attested copies thereof on payment of the fees laid down in the Bengal Records Manual, 1917, and in the rules for the management of the Secretariat Record Room. Part IV_Special provisions. 27. If any difficulty arises as to the preparation or publication Powers of of any electoral roll or of any list of amendments to any such roll Governor in caso under the provisions of these rules, or of the Act or any Order or of difficulty. other rule made under the Act, or of any Act of the Provincial Legislature, the Governor may by order do anything not inconsistent with such provisions which appears to him to be necessary for the proper preparation or publication of the roll. 28. If any question arises as to the interpretation of these rules Interpretation otherwise than in connection with an election inquiry held under in case of doubt. the Act or any Order or rule made thereunder, or under an Act of the Provincial Legislature, the question shall be referred for the decision of the Governor, and his decision shall be final. 11 ·158 FORM 1. Notioe. (Rule 15.) BENGAL LEGISLATIVE COUNCIL. Electoral roll of.......... ........ General/Muhammadani European constituency. ...Subdivision/District. A draft list of voters included in this part of the abovenamed roll is herewith published for general information. All claims to be included in this roll must be made in form.... .... and all objections to any name entered therein in form... ..... not later than the...............day of... ..193......, correspond ing to the...... .day of.... .(B. S.) to...... The Revising Authority for the roll is....... ... ...... (address). ........ ...... ........ Claims and objections shall be addressed to the Revising Authority and shall either be presented to the Revising Authority or to the Registering Authority or to the District or Subdivisional Magistrate of the district or subdivision to which the claimant or objector belongs, or be sent by post to the Revising Authority. Registering Authority. Dated........ ..... ..... Note.-Copies of the form will bo supplied froe by the Registering Authority od application.

·159
FORM II.
Claim for inclusion in the electoral roll of a territorial constituency.
(Rule 16.)
BENGAL LEGISLATIVE COUNCIL.
(a).......... General | Muhammadan/European Constituency.
Claim for inclusion in electoral roll of (b)......
.......
(c) son/wife/daughter of......
(d)........
.....
(e) resident at No................. Street........
....... Ward No........
...............
Post Office......
..Calcutta, or/Subdivision.
••••
District.......
........
(a) The name of the constituency for which this claim is preferred only should
romain. Striko out others.
(6) Name in full.
(c) Strike out words not required.
(d) Hero state whother Muhammadan or European.
le) Here insert particulars as to place of residence for which claimant claims
to be qualified.

·160
The claimant has the following electoral qualification, viz.,.
...
........
.....
.....
in support of which the claimant submits with this claim the following
original/certified copies of documents, viz.,....
.......
Declaration.
The above particulars are true and correct in all respects.
The
claimant is a British subject (or the Ruler or subject of............ State)
and has attained the age of 21 years. He ordinarily and actually
resides for the greater part of the year at the above address and has
not claimed to be included or has not been included in any electoral
roll of a territorial constituency with any other address.
Signature or thumb impression of claimant.....
Signature of person signing on behalf of claimant..
...
Address of person signing if not the claimant...
Dated.....
.........
N. B.-Any false declaration made by a person for the purpose of this claim
will render such person liable to a penalty.

·161 FORM III. Objection to registration of voters. (Rule 16.) BENGAL LEGISLATIVE COUNCIL. (a)............ General | Muhammadan, European Constituency. I hereby give you notice that I object to the entry of (b)............... .... on the electoral roll of............as serial No.............in the roll for........... Subdivision..... District. The grounds of my objection are... ..... ..... in respect of which I submit with this objection the following original/ certified copies of document, viz.,.... ....... I declare this objection to be true to my own knowledge and informaation. Signature or thumb impression of objector........ Entered on the electoral roll of....... constituency as serial No....... ..in the roll for ......! (c) Subdivision in.. (c) district of ....constituency. Dated........ Present address, if any. (a) Tho name of the constituency for which this objection is preferred only should romain. Strike out others. (0) Hero insert namo as appears in electoral roll. (c) Strike out wbon not applicable to a General or Muhammadan Constituency.

·102
FOR I.
Notion.
(Rule 19.)
To.............
.........
of.....
....
You are hereby informed that your claim /objection in respect of the
electoral roll of the...
....
.....constituency of the.......
..........
will be heard at.........
..(place) at........
..........o'clock
on the.....
.....day of.....
and you are directed to
be present at the hearing with such evidence as you may wish to adduce.
Revising Authority.
Certified that this notice has been duly served by me this............
day of........
Signature.

·160
FORM V.
Notion
(Rule 20.)
To.........
of........
Whereas objection has been made by..........
......of........
......
............to the inclusion of your name in the electoral roll of the.........
.....constituency of the........................on the ground that
..you are hereby informed that the objection will be heard
.....
at.
..............at..................o'clock on the........
......day of
......and you are directed to be present at the hearing with such
.....
evidence as you may wish to adduce.
Revising Authority.
Certified that this notice has been duly served by me this.
day of........
Signature.

·164 SCHEDULE I. Roturning Officers. (Rules 3 and 4.) Class of constituency. Returning Officer. Other persons authorised to perform the functions of Returning Officer. 1 2 9 1. Calcutta (Gencral) .. Ohief Presidency Magistrate, Calcutta. 2. Calcutta Suburbs (General) Other stipeudjary Magistrates in Calcutta and the 1st and 2nd Municipal Magistrates, Secretary to the Board of Rorenue, Bengal. Ditto. Member, Board of Revenue, Bengal. .. 3. Calcutta and Suburbs (Muhaminadau). Ditto Ditto Ditto. 4. European 6. Any other territorial constiturncy when it coinpriscs a single distrlet or part of a district. Mngistrate or Deputy ('ommissioner of the district. Additional District Magistrate of the district or Jomt or Assistant Magistrate (where there is ON); the Subdivisional Magistrates; the two senior Deputy Magistrates of the dintrict. Commissioner of the Division 6. Any other territorial constituency when it coinprises a single division or part of a division. Personal Assistant to the Commissioner; Distrirt Magistruto of the district in which the healquarters of the division is situated and in the case of the Presidency Division, the Collector of Calcutta, ·165 SCHEDULE 11. Custody and Preservation of Election Papers. (Rule 26.) Description of the eloction papor. Custody. Period for which to be kept. 1. Preliminary electoral (a) In a constituency other rolls publishod undor than the Calcutta rule 14 (throo copies General (Urban) consti. of each electoral roll). tuency in the office of the Registering Authority of the constituency; Ono Joar. (6) In tho Calcutta General (Urban) constituency-- in the offico of tho Cominissioner of the Presidency Division, Ditto 2. Clainis or objections to tho proliminary oloctoral rolls and tho orders of tho Revising Authority thoreon. Cntil tho next revision of the electoral roll of the constituency to which they pertain has been completed. 3. Final electoral rolls CON- (a) In a constituency other than the Calcutta Genoral (Urban) stituency-five copies in the office of the Registering Authority of tho constituency; Permanently. (b) In the Caloutta Goneral (Urban) constituoncy five copios in the office of the Commis. sioner of the Prosidency Division, R. N. GILCHRIST, Reforms Commissioner and Joint Secretary (Ex-officio) to the Government of Bengal.

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·PART IV. Miscellaneous.

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·169 Statement showing the form and language prescribed for the electoral rolls for certain constituencies of the Bengal Legislative Assembly and the Bengal Legislative Council, A. BENGAL LEGISLATIVE ASSEMBLY. 1. General and Muhammadan Rural constituencies other than the Darjeeling General (Rural) constituency.- (i) Form.—The form will contain the following columns : (a) Serial number. (6) Name of elector and father's name, in one column. (In the case of a woman, husband's name, or if unmarried, father's name, In General constituencies the surname of father should be omitted.) (c) Place of residence and post office (in one column). (d) Nature of qualification (in symbols). Separate rolls will be prepared for females. In the electoral rolls for General constituencies in the Burdwan, Rajshahi and Chittagong Divisions the names of Indian Christians will be indicated by daggers or any other distinctive mark, (ii) Language.-Bengali. 2. "Scheduleil Caste rolls for General Rural constituencies.- (i) Form.-The form will contain the following columns : (a) Serial number. (b) Name of elector and father's name, in one column. (In the case of a woman, husband's name, or if unmarried, father's name.) (c) Caste. (d) Place of residence and post office (in one column). (e) Nature of qualification (in symbols). Separate rolls will be prepared for females. (ii) Language.-Bengali. N.B. For the purpose of the final election the Schedule Caste rolls will be part of the General rural rolls. 3. General and Muhammadan Urban constituencies other than Calcutta General and Muhammadan constituencies. (i) Form.--The form will contain the following columns :- (a) Serial number.. (6) Name of elector and father's name, in one column. (In the case of a woman, husband's name, or if unmarried, father's name. In the General constituencies the surname of father should be omitted.) * In certain General rural constituencies the names of Scheduled Casto voters have been shown twice once in the Scheduled Casto rolls and again in the General rolls.

·170 (c) Caste in the case of Scheduled Caste voters only in the rolls for General constituencies. (d) Place of residence or description of premises owned or occupied giving rise to qualification, and post office (in one column). (e) Nature of qualification (in symbols). Separate rolls will be prepared for females. No separate roll is required for Scheduled Castes in General urban constituencies. In the electoral rolls for General constituencies in the Burdwan, Rajshahi and Chittagong Divisions the names of Indian Christians will be indicated by daggers or any other distinctive mark. (iz) Language.--Bengali. 4. Calcutta. General and Muhammadan constituencies. (i) Form.-The form will contain the following columns :- (a) Serial number. (6) Name of elector.. (c) Caste in the case of Scheduled Caste voters only in the rolls for General constituencies. (d) Place of residence or description of premises owned or occupied. (e) Nature of qualification (in symbols). Separate rolls will be prepared for females. No separate roll is required for Scheduled Castes. (17) Language.-English. 5. Calcutta (General Urban) IV omen's constituency. (i) Form.—The form will contain the following columns : (0) Serial number. (6) Name of elector. (c) Caste in the case of Scheduled Caste voters only. (d) Place of residence or description of premises owned or occupied. (e) Nature of qualification (in symbols). Suparate rolls will be prepared for females. (ie) Language.--English. 6. C'alcutta (Muhammadan Urban) Women's constituency.- (1) Form.—The form will contajn the following columns :- (a) Serial number. (6) Name of elector. (c) Place of residence or description of premises owned or occupied. (1) Nature of qualification (in symbols). (ii) Language.-English.

·171 9. Dacca (General Urban) Women's constituency. (i) Form.—The form will contain the following columns : (a) Serial number. (6) Name of elector and father's name, in one column. (In the case of a woman, husband's name, or if unmarried, father's name.) The surname of father should be omitted. (c) Caste in the case of Scheduled Caste voters only. (d) Place of residence or description of premises owned or occupied giving risc to qualification, and post office in one column). (e) Nature of qualification (in symbols). Separate rolls will be prepared for females. (ii) Language.–Bengali. 8. Dacca (Muhammadan Urhan) IV omen's constituency.-- (i) Form-The form will contain the following columns : (12) Serial number. (6) Name of elector and husband's name, or if unmarried, father's name (in one column). (c) Place of residence or description of premises owned or occupied giving rise to qualification, and post office in one column). (d) Nature of qualification (in symbols). (ii) Language.-Bengali. 9. Darjeeling General (Rural) constituency.- (i) Form.-The form will contain the following columns : gan (a) Serial number. (b) Name of elector and father's name in one column. (In the case of a woman, husband's name, or if unmarried, father's name.) (c) Caste. (Caste to be filled in, in case of Scheduled Castes only. In the case of Indian Christians the word “Christian" to be inserted in this column.) (d) Address and post office. (e) Qualification (in symbols). Names of female voters will be entered at the end of the roll for males. (ie) (Language.-English.

·172 10. Anglo-Indian constituency and European constituencies.- (i) Form.-The form will contain the following columns :- (a) Serial number. (6) Name of elector. (c) Place of residence. (d) Nature of qualification. Names of female voters will be entered at the end of rolls for males. (ii) Language.-English. 11. Indian Christian constituencies.- (1) So much of the rolls as relate to Calcutta (i) Form.--The form will contain the following colunms:- (a) Serial number. (6) Name of elector. (c) Place of residence or description of premises owned or occupied. (d) Nature of qualification (in symbols). Names of female voters will be males. cutered at the end of rolls for (it) Language.--English, (2) So much of the rolls as relate to areas outside Calcutta- A.-Urban areas. Vi) Form.-The form will contain the following columns :- (a) Serial number. (6) Name of elector. (c) Father's name. (In the case of a woman, husband's name or if unmarried, father's name.) (d) Place of residence or description of premises owned or occupied. giving rise to qualification. (e) Post office. (1) Nature of qualification (in symbols). Names of female voters will be entered at the end of rolls for males. (iz) Language.-Bengali.

·173 B.--Rural areas. (i) Form.--The form will contain the following columns :- (a) Serial number, (6) Name of elector. (c) Father's name. (In the case of a woman, husband's name, or if unmarried, father's name.) (d) Place of residence. (e) Post office, (f) Nature of qualification (in symbols). Names of femaley voters will be entered at the end of rolls for males. (ii) Language.-Bengali. 12. Commerce and Industry constituencies.- (i) Form.-The form will contain the following columns: (1) Serial number. (6) Name of elector. (The names of the nominees of a firm, Hindu joint family or corporation shall be entered under one serial bearing consecutive numbers.) (c) Place of business of an individual or place of residence of the nominees of a firm, Ilindu joint family or corporation. (17) In the case of nominees of a firm, Hindu joint family or corporation, trade name and address of office of such firm, İlindu joint family or corporation. (ii) Language.- English. 13. Lantholiers' constitucuricx. (1) Form.-The forun will contain the following columns :-- (a) Serial number. (b) Name of vlector. (0) Place of residence. (ii) Language.- English. 14. Factory and Collicry labour l'onstituencies.- (*) Form.--The form will contain the following columns : (a) Serial number. (6) Name of elector and father's name in one column. (In the case of a woman, husband's name, or if unmarried father's name.) (c) Place of residence. (l) Is pay over Rs. 300 p.m. (e) Qualification in symbols). The names of female voters will be entered at the end of the rolls for inales. (ii) Language.- English. 12

·174
15. Tea Garden labour constituency.-
(i) Form.-The form will contain the following columns :-
(a) Serial number.
(6) Yame of elector.
(r) Father's name. (In the case of a woman, husband's name, or
if unm
married, father's name.)
(dl) Sirdar's name.
(c) Name of caste or tribe, if any.
f) Nature of qualification.
The names of female voters will be entered at the end of the rolls
for males.
(ii) Language.- English,
B. BENGAL LEGISLATIVE COUNCIL.
Ill territorial constituencies.---
(i) Form.-The form will contain the following columns :-
(0) Serial number.
(1) Naine of elector.
(c) Place of residence.
(ul) Nature of qualification.
(11) Lunguage.- English.

·175 List of title examinations conductod by the Bengal Sanskrit Association (or Calcutta Sanskrit Board, as it was previously called) considered to be equivalent to the Matriculation standard for the purpose of the educational qualification under paragraph 4 of Part IV of the Sixth Schedule to the Government of India Act. Titles conferred. Tarkatirtha, Subjects, (a) Nyaya (ka) (b) Nyaya (Kha) (c) Nyava (Ga) (d) Nyaves (Cha) (r) Juina Swetambar Vyava ) Jaina Digambar Xyuya 2. Sankhya Nyayatirtha. 3. Vedanta Sankhyatirtha. Vedantatirtha. Mimansatirtin. 4. Timaisa 5. Sacharan Darsan Darsantirtha. 6. Vashnar Darsan Vaishnav-Darsantirtha. (u) Smriti ( k'a) (6) Smriti (Kha) (c) Smriti (live) (11) Kinrup Smriti (c) Srilatta Smriti Smrititirtha. 8. Puran Purantirtha. Jyotish-tirtha Vedatirtha. S Kavyatirtha. 9. Jyotishi 10. (a) Rig l'eda (b) Sukla Yavur Veila (c) Krishna Yajur Vedla (d) Samveda 11. Kavyil 12. (a) Panini (b) Sankshiptasar (c) Supadma (d) Kalap (r) Mugdhabodh (f) Proyogratnamalo (9) Saraswat (h) Prakriya Kaumudi (i) Harinamamrita (1) Jaine Swetambar l'yakaran (1) Jaina Digambar l'yakaran 13. Upanisad 14. (a) Pali Sutta Pitak (b) Pali Vinay Pitak (c) Pali Abhidharma Pitak Vyakarantirtha. Upanisadtirtha. Sutta Visarada. Vinay Visarada. Abhidharma Visarada.

·176 List of "titles, orders and decorations " accepted for purposes of enrolment on the electoral rolls for the Provincial Legislative Councils. [PARA. 2(b), PART IV OF THE GOVERNMENT OF INDIA (PRO- VINCIAL LEGISLATIVE COUNCILS) ORDER, 1936.] LIST 1.-TITLES AND HONOURS CONFERRED BY HIS MAJESTY THE KING- EMPEROR. Victoria Cross. Order of the Garter. Order of the Thistle. Order of St. Patrick. Order of the Bath. Order of Merit. Baronet. Order of the Star of India. Order of St. Michael and St. George. Order of the Indian Empire. Order of the Crown of India. Royal Victorian Order. Order of the British Empire. Order of the Companions of Honour. Knights Bachelor. Distinguished Service Order. Imperial Service Order. Royal Red Cross. Distinguished Service Cross (Naval). Military Cross. Distinguished Flying Cross. Air Force Cross. Kaisar-j-Hind Meclal (First Class). Order of St. John of Jerusalem. LIST II.-INDIAN TITLES. Iligher Titles (cither Herrdilary or Personal). 1. Maharajadhiraja. 2. Maharaja Bahadur. 3. Maharaja. 4. Maharani. 5. Nawab Bahadur. 6. Raja Bahadur. 7. Nawal). 8. Raja. 9. Begum. 10. Rani. Louer Tilles (Personal). 1. Shams-ul-l'lama. 2. Mahamahupachyaya. 3. Aggamahapandita. 4. Hazik-ul-Mulk. 5. Diwan Bahadur. 6. Sardar Bahadur. 7. Khan Bahadur. 8. Rai Bahadur. 9. Rao Bahadur. 10. Shifa-ul-Mulk. 11. Vaidyaratna. 12. Chikitsakratna. LIST III.-INDIAN DECORATIONS. 1. Order of British India. 3. Kaisar-i-Hind Medal (Scoond Class). Indian Order of Merit (Military). 4. Kaisar-i-Hind Medal (Third Class). 5. Indian Order of Merit (Civil).

·177 No. 1 of 1936/R. Dis. No. 602-1.T/35, dated Simla, the 9th May 1936. CIRCULAR. From-The Second Secretary, Central Board of Revenue, Government of India, TO-All Commissioners of Income-tax. Government of India Act, 1935--Provincial Electoral Rolls--Preparation of-Duties of Income-touc Officers. The orders in this Circular relate to the preparation of electoral rolls for Provincial Chambers under the Government of India Act, 1935. 2. Under section 60(1) of that Act there is to be a Provincial Legis. lative Assembly in every Province, and in addition there is to be a Provincial Legislative Council in the Provinces of Madras, Bombay, Bengal, the United Provinces, Bihar and Assam. 3. The regulations relating to the preparation of electoral rolls for these Chambers are contained in the Sixth Schedule to the Government of India Act, 1935, and in the Government of India (Provincial Legislative Assemblies) Order, 1936, and the Government of India (Provincial Legislative Councils) Order, 1936. 4. Paragraphs 3 and 4 of Part I of the Sixth Schedule lay down certain general qualifications of age, citizenship and sanity; paragraphs 5 and 6 lay down qualifications of race or community for inclusion in the electoral roll of special constituencies ; paragraph 7 provides against any person having a vote in more than one territorial constituency; while the opening paragraphs of the various parts of the Schedule applicable to particular Provinces lay down a qualification of local residence. Income-tax Officers have no responsibility in connection with any of these qualifications, since the facts involved are not facte which have to be found in order to determine the assessment to income tax of any person who is assessed direct and not through an agent, They should, therefore, forward to the authority charged with the auty of preparing or revising the electoral roll (hereafter in this Circular called "the electoral authority'') complete lists with names and addresser of persons who are apparently qualified in connection with income-tax assessments made direct and not through an agent (in accordance with the instructions contained in this Circular), leaving it to the electoral authority to exclude persons disqualified in connection with any of the above matters and to allot to special constituencies those persons in the lists who are qualified for inclusion in such constituencies. 5. In addition to the general list relating to the Provincial Legis lative Assembly, a supplementary list will be necessary containing tho names of such individuals, Hindu joint families or firms engaged in commerce and industry as are entitled, according to the regulations in force in the particular Province (regarding which the Income-tax Officer should obtain information from the officer preparing the electoral rolls), to vote either personally in the case of individuals or through a nominee in other cases for special constituencies for the election of representatives of commerce, industry, etc. Except in the Provinces of ·178 Assam, Orissa and the Central Provinces, where membership of a constituent body such as a Chamber of Commerce is not one of the necessary qualifications, the preparation of these supplementary lists should not le undertaken until the electoral officer concerned has supplied the Income-tax Officer concerned with a list of the members of the constituent body or bodies concerned, so that the Income-tax Officer will only have to look through this list in order to ascertain whether those named in it satisfy the necessary conditions which have been laid down for the particular Province as regards the amount of income-tax to which they have been assessed. In the Provinces of Assam, Orissa and the Central Provinces it is not possible so to limit the work and the whole list of non-company assessees with incomes over the prescribed limits will have to be scrutinized. 6. The compilation of the lists referred to in the preceding paragraph shoull be undertaken only on receipt of a request from the electoral authority. 7. Certificates that a person has been assessed to income-tax, etc., may be granted on application made by the assessee provided that he satisfies the Income-tux Officer that his name has been inadvertently omitted from the list referred to in the two preceding paragraphs or that corroboration of the entry in the list has been required by the electoral authority. 8. Both the Provincial Legislative Assemblies Order (paragraph 25) and the Provincial Legislative Councils Order (paragraph 10) impose upon the appropriate Income-tax Officers the duty of giving such information as is necessary to enable the electoral authority to discharge its duty and override to this extent the provisions of section 54 of the Indian Income-tax Act. The information supplied, however, should be only that which is yo necessary and therefore should be confined to the statement that a person "way assessed to income-tax" or "was assessed to income-tax and had a total income of not less than so much" and should not include particulars as to the actual figure of any person's assessed income. Such particulary may, however, de supplied in a certificate applied for under the last preceiling paragraph of this Circular, pomided that the assessee himself asks for it to be so supplied. 9. Provincial Legislative Assemblies.--In all Provinces one of the qualifications entitling a person to be registered as a voter for a Provincial Legislative Assembly is that he shall “during” or “in” the previous year have been "assessed to income-tax." The expressions contain:ell in this phrase are to be interpreted in the following way:- (a) The term "person" excludes any corporate body other than a Hindu Undivided Family. Where an assessee is such a Family, the fact should be signified, e.g., by adding the letters H.U.F., and the Karta's name should, if possible, be added in brackets. (N. B.--This ruling is without prejudice to the case of the special constituencies referred to in paragraph 5 of this Circular.) (6) The term "assessed to income-tax" will be read as including persons who have been liable to assessment in the year concerned in respect of income from salaries but upon whom no formal assessment has been made because the Income-tax Officer has been satisfied that the ·179 correct tax has been recovered by deduction at source; but otherwise the term must be interpreted literally, that is to say, there must have been assessment proceedings and these proceedings must have disclosed the fact that the total income of the person concerned includes some item, however small, which is not exempted from income-tax under section 14(2) or any other section, sub-section or proviso referred to in section 16 of the Indian Income-tax Act, or any similar exemption (c.f., paragraph 18 of Part III of the Income-tax Manual, Sixth Edition). As a special exception to this exclusion of persons whose total income is entirely exempted under the provisions Dientioned, it is laid down in the Sixth Schedule to the Government of India Act, 1935, and in the Orders, that a reference to persons assessed to income-tax includes a reference to a partner in a firm assessed to income-tax if his share of the firm's income is not less than the minimum on which tax was leviable. Thus:---(i) If a person's total income is wholly derived from dividends and/ or interest on income-lax free Government securities, he cannot be said to be assessed; but if he has as much as one rupee of income under such other heads is salaries, interest on non-tax free securities, property, business or professional warnings, and his “total income" exceeds the minimum, he is "assessed to income-tax." The fact that income-tax may not actually be levied as a result of such assessment owing to the operation of section 18(5) or section 49-A is immaterial. (ii) The latter remarks apply to a person a part of whose income is derived from his share in a firm; and a partner is also to be treated as an assessee even if the whole of his income comes from the firm, provided that the amount of his share is sufficient to bring his total income within the taxable limit. (c) The term "during" or "in the previous year" must be read as referring to any assessment that has been made for that year and has also been completed within that year by the Income-tas Officer who makes it (it is not necessary to await the disposal of any appeal or application for review that may have been made). This may disfranchise a number of persons who ought equitably to be included in the roll, but whose assessment has been delayed, and may, on the other hand, enfranchise persons whose income will ultimately be found to be below the taxable limit; but the Income-tax Department is not concerned with these results. 10. Provincial Legislative Councils. Here the qualification with which the Income-tax Department is concerned is that the person shall in the previous year have both been assessoil to income-tax and have had in the year in respect of which the assessment was made a total income of not less than a given figure, which varies from Province to Province, and which should be supplied to Income-tax Officers, by the electoral authority. In applying these provisions the terms "assessed to incometax in the previous financial year" must be interpreted as in the last preceiling paragraph. The term "total income' must be interpreted in accordance with sub-section (15) of section 2 of the Indian Income-tax Act. Thus:-A person whose total income is derived from dividends, etc., is not eligible even though that total income may bave been not less than ·180 the given figure for the Province. But if in addition he has any amount, however small, of non-exempted income, he is eligible. А partner in a firm, on the other hand, is eligible even though he has no other income provided that his share in the firm's income is not less than the given figure for the Province. 11. Nothing in this Circular relates to the preparation of electoral rolls for the Council of State which, pending the establishment of a Federal Government, will continue to be made under the earlier Government of India Act. There is here no provision authorizing Income tax Officers to ignore the condition of secrecy imposed by section 54 of the Indian Income-tax Act, and it is therefore not possible to supply lists showing that a person's total income is not less than the prescribed amount. The only assistance that can be given pending the establishment of a Federal Council of State (when, it may be presumed, the appropriate Order in Council will contain a clause corresponding to those which have been incorporated in the Provincial Legislative Assemblies Oriler and the Provincial Legislative Councils Order concerning the duty of Income-tax Officers) in to furnish any assessee with a certificate on application made by him personally, compliance with which is, of course, no breach of confidence.

·181 GOVERNMENT OF BENGAL. Appointment Department, Reforms. NOTIFICATION. No. 1312 A.R.D.--15th May 1936.--In exercise of the power conferred by sub-clause (c) of clause (3) of rule 15 of the Bengal Legislative Assembly Electoral (Preparation, Revision and Publication of Electoral Rolls) Rules, 1936, read with paragraph 26 of Part I of the Government of India (Provincial Legislative Assemblies) Order, 1936, and of all other powers enabling him in that behalf, the Governor of Bengal in Council is pleased to appoint for the constituencies of the Bengal Legislative Assembly, named below, the Registering Authority noted against each: (1) The North Bengal Municipal General (Urban) Constituency- The Commissioner of the Rajshahi Division. (2) The East Bengal Municipal (jeneral (Urban) Constituency- The Commissioner of the Dacra Division. (3) The Anglo-Indian Constituency--The Member, Board of Revenue, Bengal. R. N. GILCHRIST, Reforms Commr. and Joint Secy. (e.l-officio) to the Gort. of Bengal.

·182 COVERNMENT OF BENGAL. Appointment Department. Reforms. NOTIFICATION. No. 1346 A. R. D.-15th May 1936.-In exercise of the powers conferred by paragraph 2 of Part I of the Sixth Schedule to the Government of India Act, 1937, and paragraph 4 of Part I of the Government of India (Provincial Legislative Assemblies) Order, 1936, read with paragraph 26 of Part 1 of that Order, and of all other powers enabling him in that behalf, the Governor of Bengal in Council is pleased to direct that for the purpose of constituting the Legislative Assembly of the province the electoral roll for every constituency specified below shall be made up by reference to the date mentioned against each :- Name of constituency.. Prescribed date. I. A General Constituency II. A Muhammaclan Constituency III. A Women's Constituency IV. The Anglo-Indian Constituency V. A European Constituency VI. An Indian Christian Constituency VII. A Commerce and Industry Constituency VIIT. A Landholders' Constituency IX. A Labour Constituency The 14th April 1936. The 14th April 1936. The 14th April 1936. The 14th April 1936. The 14th April 1936. The 14th April 1936. The 1st April 1936. The 14th April 1936. The 1st April 1936. . . R. N. GILCIIRIIST, Reforms Commr. and Joint Secy. (ex-officio) to the Govt. of Bengal.

·183 GOVERNMENT OF BENGAL. Appointment Department. Reforms. NOTIFICATION. No. 2540 A.R.D.--22nd May 1936.-In exercise of the power conferred by sub-clause (c) of clause (3) of rule 9 of the Bengal Legislative Council Electoral (Preparation, Revision and Publication of Electoral Rolls) Rules, 1936, read with paragraph 23 of Part I of the Government of India (Provincial Legislative Councils) Order, 1936, and of all other powers enabling him in that behalf, the Governor of Bengal in Council is pleased to appoint the Member, Board of Revenue, Bengal, to be the Registering Authority for the European Constituency of the Bengal Legislative Council. R. N. GULCHRIST, Reforms Commr. and Joint Sery. (e.r-officio) to the Govt. of Bengal.

·184 GOVERNMENT OF BENGAL. Appointment Department. Reforms. NOTIFICATION. No. 2411 A.R.)).-22nd May 1936.-In exercise of the power conferred by paragraph 5 of Part 1 of the Government of India (Provincial Legislative Councils) Orier, 1936, read with paragraph 23 of Part I of that order, and of all other powers enabling him in that behalf, the Governor of Bengal in Council is pleased to direct that for the purpose of constituting the Legislative Council of the province the electoral roll for each of the territorial constituencies shall be made up by reference to the 14th of April 1936. R. N. GILCHRIST, Reforms Commr. and Joint Secy. (e.c-officio) to the Govt. of Bengal.

·185 GOVERNMENT OF BENGAL. Appointment Department. Reforms. NOTIFICATION, No. 4389A.R.-16th July 1936.-In exercise of the power conferrell by the proviso to rule 3 of the Bengal Legislative Assembly Electoral (Preparation, Revision and Publication of Electoral Rolls) Rules, 1936, read with paragraph 26 of Part I of the Government of India (Provincial Legislative Assemblies) Order, 1936, and of all other powers enabling him in that behalf, the Governor in Council is pleased to octhorise the Additional Subdivisional Magistrates mentioned below to perform all the functions of the Returning Officer in the constituencies noted against each:- ('onstituencies. I. Additional Sadar Subilivisional Magistrate, Chittagong. (hittagong South (Muhammadan Rural) constituency comprising the Satkania, Banskhali and Anwara police-stations of the Sadar subdivision of the (hitta. gong district. (bittagong South Central (Muhammadan Rural) constituency comprising the Patiya, Boal. khali aud Rangania policestations of the Sacar subclivi. sion of the Chittagong district. Tippera North (Muhammadal Rural) constituency comprising the Debilluar and Muradnagar police-stations of the Sular subdivision of the Tippera district. Tippera West (Iluhanımailan Rural) constituency comprising the llomna and Daudkandi police-stations of the Sadar Subxlivision of the Tippera district. II. Additional Sarlar Subdivisional Magistrate, Tippera. R. N. GILCHRIST, Reformis Commr. and Joint Socy. (ex-officio) to the Gort. of Bengal.

·186 GOVERNMENT OF BENGAL. Appointment Department, Reforms. NOTIFICATION. No. 5561A.R.--3rd August 19:36.-Whereas by notification No. 1479- A.R.-D., dated the 15th May 1936. the Governor in Council appointed the Trade Union Constituencies Tribunal to perform the functions conferred on him by paragraph 18 of Part IV of the Government of India (Provincial Legislative Assemblies) Order, 1936:-- And whereas the said Tribunal certified the following Trade Unions as having satisfied the conditions referred to in sub-paragraph (2) of the said paragraph to be recognised Trade Unions : Now, therefore, in pursuance of the provisions of rule 47 of the Bengal Legislative Assembly Electoral (Preparation, Revision and Publication of Electoral Rolls) Rules, 1936, the Governor in Council is pleased to publish the following list of recognised Trade Unions: (1) Kanchrapara Railway Workmen's Union, (2) E. B. Railway Indian Employees' Association., (3) Bengai-Nagpur Railway Indian Labour Union. (4) Indian Seamen's Union. (6) K. I. Railway Employees' Issocintion. (6) Bengal Mariners' l'uimi, with which the I. M. and W. U is amalgamatool. (7) Railway Press Workers' Uniou. (8) Calcutta Traniwar Workers' Union. (9) Kankinarah Labour Union. .(10) Press Employees' Association. (11) Calcutta Sramik Mandal. (12) Calcutta Corporation Employees' Association. (13) Ilowrah Sramik Sangha. (14) All Bengal Press Workers' Tinion. R. N. GULCHRIST, Reforms Comr. and Joint Sery. (eir-officio) to the Govt. of Bengal.

·187 GOVERNMENT OF BENGAL. Appointment Department. Reforms. NOTIFICATION, No. 55621.8.-3rd August 19:6.-Whelieus hy notification No. 1479- A.R.-D., dated the 1.51h May 1936, the Governor in Council appointed the Trade Union Constituencies Tribunal to perform the functions conferred on him by paragraph 18 of Part IV of the Government of India (Provincial Legislative Assemblies) Order, 19:36: And whereas the sail Tribunal certified the following recognised Trade Unions as having satisfied the conditions referred to in subparagraph (1) of the said paragraph to be constituent Trale Unions : Now, therefore, in pursuance of the provisions of rule 47 of the Bengal Legislative Assembly Electoral (Preparation, Revision and Publication of Electoral Rolls) Rules, 1936, the Governor in ('ouncil is pleased to publish the following list of constituent Trade l'uions :-- (1) Kanchirapara Railway Workmen's I'niou. (2) E. B. Railway Indian Employees' Association. (3) Bengal-Nagpur Railway Indian Labour Union. (4) Indian Seamen's Union. (5) E. I. Railway Employees' Association. (6) Bengal Mariners' Union, with which the I, M. anil W. U. is amalgamated. (7) Railway Press Workers' Union. R. N. GILCHRIST, Reforms Comnr. and Joint Secy. (ex-officio) to the Govt. of Bengal. B. G. Pross-1936-37-67593—1,000.

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