Bare ActsThe Howrah Municipal Corporation Act, 1980

Section 35

Amendment status not verified — confirm the current text below against the official source.

(1) A person shall be deemed to be ordinarily resident in Howrah if he generally resides in Howrah for a period of not less than one hundred and eighty-five days in a period of twelve months preceding the qualifying date: 292 The Howrah Municipal Corporation Act, 1980. LVIII of 1980.] (Part IL—Constitution and Government—Chapter IV—Election of Councillors and Aldermen.—Section 36) Provided that— (a) a person shall not be deemed to be ordinarily resident in Howrah on the ground only that he owns, or is in possession of, a dwelling house therein; or (b) a person, who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental diseases or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein. Explanation.—A person shall be deemed to "reside" in any dwelling house or hut which or some portion of which he sometimes, although not uniterruptedly uses as a sleeping apartment, and sue' person shall not be deemed to have ceased to "reside" therein merely because he is absent from it or has elsewhere another dwelling house or hut in which he resides, if there is the liberty of returning to it or if there is no abandonment of the intention of returning to it at any time. (2) If in any case a question arises as to whether a person is ordinarily resident in Howrah at any relevant time the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the State Government.

Section 35 – The Howrah Municipal Corporation Act, 1980 | DailyLaw.ai