An Act to legalize, or remove doubts as respects Use legality of the election or continuance in office of certain Councillors who at the time of election or thereafter were directors members of co-operatives societies which advance loans of money to or borrow money from officers and servants of certain Municipalities.
Whereas it is expedient to legalise, on remove doubts as respects the legality of the election or continuance in office of certain Councillors who at the time of election or thereafter were directors or members of co-operative societies which advance loans of money to or borrow money from officers and servants of certain Municipalities; It is hereby enacted in the Ninth Year of the Republic of India as follows:
This Act may be called the Bombay Disqualification of Municipal Councillors (Removal of Doubts) Act, 1958.
For the purposes of this Act, the Municipality means a municipality or municipal borough constituted by or under the Bombay District Municipal Act, 1901, (Bom. III of 1901) or the Bombay Municipal Boroughs Act, 1925, (Bom. XVIII of 1925) or either of those Acts as adapted and applied to the Saurashtra area of the State, or the last Act as extended to the Kutch area thereof.
For the removal of doubts it is hereby declared that any person who, being & director or member of a co-operative society which advances or has advanced a loan of money to, or borrows or has borrowed money from, any officer or servant of the Municipality, is elected or appointed to the office of Councillor of the Municipality, or who being a Councillor becomes such director or member aforesaid, shall not be deemed by reason only of being when elected or appointed or becoming thereafter such director or member, to have directly or indirectly a share or interest in any such transaction of loan or borrowing; and accordingly he shall not be, and shall be deemed never to have been, disqualified on account merely of such reason for being elected or appointed, or continuing to be, a Councillor of the Municipality.
The enactments in the Schedule shall be, and shall be deemed always to have been, amended in the manner and to the extent specified in column 2 thereof.
| Enactments. 1 |
Amendments. 2 |
| 1. The Bombay District Municipal Act, 1901 (Bom. III of 1901); and that Act as adapted and applied to the Saurashtra area of the State of Bombay. |
In section 15, in sub-section (1) (1) in clause (g), after the word who the words save as hereinafter provided. shall be inserted; (2) after the proviso, the following further proviso shall be added, namely: Provided further that for the purposes of clause (g) of this sub-section, a person who is a director or member of a co-operative society which advance or has advanced a loan of money to, or borrows or has borrowed money from, any officer or servant of the Municipality shall not be deemed to have directly or indirectly any share or interest in any such transaction of loan on borrowing. |
| 2. The Bombay Municipal Boroughs Act, 1936 (Bom. XVIII of 1925); that Act as adapted and applied to the Saurashtra area of the State of Bombay and as extended to the Kutch area thereof. |
In section 12 (1) in sub-section (2), in clause (c), after the word who the words save as hereinafter provided, shall be inserted; (2) in sub-section (3), (a) for the words, brackets and letter A person shall not be darned to have incurred disqualification under clause (b) the following shall be substituted, namely: A person shall act be deemed to have incurred disqualification (A) under clause (b) ; (b) after clause (viii), the following shall he added, namely; (B) under clause (e) of sub-section (2) by reason of his being a director or member of a co-operative society which advances or has advanced a loan of money to, or borrows or has borrowed money from, any officer or servant of the Municipality. |
1. For Statement of Objects and Reasons See Bombay Government Gazette, 1858 Extra., V, p. 311.