Bombay act 006 of 1918 : Bombay Disqualification of Aliens Act, 1918

Preamble

Bombay Disqualification of Aliens Act, 19181

[Bombay Act No. 6 of 1918][17th September, 1918]
[Repealed in part by Act 38 of 1920, Amended by Bom. 4 of 1920, Adapted and modified by the Adaptation of Indian Laws Order in Council, Adapted and modified by the Adaptation of Laws Order, 1950, Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent, Subjects) Order, 1956 and Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960][17th September, 1918]

An Act to disqualify certain aliens from being members, and from voting at elections of members, of certain local authorities in the presidency of Bombay.

Whereas it is expedient that certain aliens should be disqualified from being members, and from voting at elections of members, of certain local authorities in the presidency of Bombay; It is hereby enacted as follows:-

1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1918, Part V, page 266; and for Proceedings in Council, see ibid., 1918, Part V, pages 857 to 889.

Section 1. Short title

1. Short title.- This Act may be called the Bombay Disqualification of Aliens Act, 1918.

Section 1-A. Extent

1[1-A. Extent.- This Act extends to the 2[Bombay area of the State of Maharashtra].]

1 This section was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

2 These words were substituted for the words "pre-Reorganisation State of Bombay, excluding the transferred territories" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

Section 2. Definitions

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

1[(a) "alien" means-

(i) a person who is 2[not a citizen of India], or

(ii) a person who, whether he is himself within the foregoing definition or not, represents an alien firm as defined in clause (aa) for the purpose of voting at an election of a member of any of the local authorities specified in the schedule or for the purpose of membership of any of the said authorities;

(aa) "alien firm" means any firm, company, association or body of individuals (whether incorporated or not), a majority of the members of which are aliens as defined in sub-clause (i) of clause (a), or the business of which is carried on under the control or mainly for the benefit of aliens as so defined;]

3***

(c) "member" includes a municipal councillor and a member of a body of trustees.

1 These clauses were substituted for original clause (a) by s. 2 of the Bombay Disqualification to Aliens (Amendment) Act, 1920 (Bom. 4 of 1920).

2 These words were substituted for the words "neither a British subject nor a subject of the Indian State" by the Adaptation of Laws Order, 1950.

3 Clause (b) was omitted by Bom. 4 of 1920, s. 2.

Section 3. Disqualification of aliens

3. Disqualification of aliens.- Save as hereinafter otherwise provided, no alien shall be qualified to be a member of any of the local authorities specified in the schedule or to vote at any election of a member of any of the said authorities.

Section 4. Effect of subsequent disqualification

4. Effect of subsequent disqualification.- (1) If any person having become a member of any of the local authorities specified in the schedule, subsequently becomes an alien, his seat shall thereupon become vacant.

(2) Section 18 of the 1City of Bombay Municipal Act, 1888. (Bom. III of 1888) shall be read and construed as if, after the word "aforesaid that words" or under the Bombay Disqualification of Aliens Act, 1918", were inserted.

(3) Section 15, sub-section (3) of the 1Bombay District Municipal Act, 1901 (Bom. III of 1901), shall be read and construed as if, after the word "section" the words "or under the Bombay Disqualification of Aliens Act, 1918", were inserted.

1 Supra.

Section 5. Exemption

5. Exemption.- The 1[2[State] Government] 3* * * may by notification in the 4[Official Gazette], exempt any person or class of persons from the operation of this Act.

1 The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.

2 This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

3 The words "with the approval of the Governor-General in Council" were repealed by s. 7 and Schedule I of the Devolution Act, 1920 (38 of 1920).

4 The words "Official Gazette" were substituted for the words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.

Section 6. Modification of Schedule

6. Modification of Schedule.- The 1[2[State] Government] may, by notification in he 3[Official Gazette], direct that the name of any of the local authorities specified in the Schedule shall be omitted therefrom, or that the name of any other local authority shall be entered therein, and such direction shall have effect according.

1 The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.

2 This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

3 The words "Official Gazette" were substituted for the words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.

Schedule

Schedule

THE SCHEDULE.

Local Authority. Enactment under which the local authority is constituted.
The trustees of the port of Bombay The Bombay Port Trust Act, 1879 (Bom. VI of 1879).
1* * * * * *
2* * * * * *
The Municipal Corporation of the City of Bombay. The City of Bombay Municipal Act, 1888 (Bom. III of 1888).
3* * * * * *
The trustees for the improvement of the City of Bombay. 4The City of Bombay Improvement Act, 1898 (Bom. IV of 1893).
5* * * * * *

1 The entry relating to all local boards was omitted by G.N., G.D., No. 3738, dated 14th June 1926.

2 The entry relating to the trustees of the port of Karachi was ??? by the Adaptation of Laws Order, 1950.

3 The entry relating to the trustees of the port of Aden was Omitted by the Adaptation of Indian Laws Order in Council.

4 The City of Bombay improvement Act, 1898 (Bom. 4 of 1898), has been repealed by Bom. 16 of 1925 which in turn is repealed by Bom. 13 of 1933.

5 The entry relating to all municipalities in municipal districts outside the City of Bombay was omitted by G.N., G.D., No. 3738, dated 14th June 1926.

SECTIONS