THE BOMBAY DISQUALIFICATION OF MUNICIPAL COUNCILLORS (REMOVAL OF DOUBTS) ACT, 1958

BOMBAY ACT No. XLVI OF 1958.

[13th May, 1958]

An Act to legalise, or 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-operatives societies which advance loans of money to or borrow money from officers and servants of certain Municipalities.

WHEREAS it is expedient to legalize, or 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:—

SECTION 01: SHORT TITLE

This Act may be called the Bombay Disqualification of Municipal Councillors    (Removal of Doubts) Act, 1958.

SECTION 02: INTERPRETATION

For the purposes of this Act, "the Municipality" means a   municipality or municipal borough constituted by or under the Bombay District Municipal Act, 1901, or the Bombay Municipal Boroughs Act, 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.

SECTION 03: DIRECTOR OR MEMBER OF CO-OPERATIVE SOCIETY NOT DISQUALIFIED

For the removal of doubts it is hereby declared that any person who, being a director or member of a co­operative 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.

SECTION 04: CONSEQUENTIAL

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.