The Bombay Prohibition of Simultaneous Membership Act, 1957
Bombay Act No. 12 of 1957
mh205
[30th March, 1957]
For Statement of Objects and Reasons, see Bombay Government Gazette, 1957, Part V, pages 57-58.
An Act to provide for the vacation by a person who is chosen a member of both Houses of the Legislature of the State of Bombay of his seat in one House or the other.
Whereas it is necessary to provide, in accordance with Article 190 of the Constitution of India, for the vacation by a person who is chosen a member of both Houses of the Legislature of the State of Bombay of his seat in one House or the other; It is hereby enacted in the Eighth Year of the Republic of India as follows:-
1. Short title. - This Act may be called the Bombay Prohibition of Simultaneous Membership Act, 1957.
2. Vacation of seats when elected to both Houses of State Legislature. - (1) Any person who is chosen a member of both the Bombay Legislative Assembly and the Bombay Legislative Council and who has not taken his seat in either of the said Houses may, by notice in writing signed by him and delivered to the Speaker of the Bombay Legislative Assembly and the Chairman of the Bombay Legislative Council, or the person authorised by the Speaker or the Chairman in that behalf, within ten days from the date, or the later of the dates on which he is so chosen, intimate in which one of the Houses he wishes to serve, and thereupon his seat in the House other than the one in which he wishes to serve shall become vacant.
(2) In default of such intimation within the aforesaid period, his seat in the Bombay Legislative Council shall at the expiration of that period, become vacant.
(3) Any intimation given under sub-section (1) shall be final and irrecoverable.
3. Vacation of seats by persons already members of one House on election to other House of State Legislature. - (1) If a person who is already a member of the Bombay Legislative Assembly and has taken his seat in that House is chosen a member of the Bombay Legislative Council, his seat in the Bombay Legislative Assembly shall, on the date on which he is so chosen, become vacant.
(2) If a person who is already a member of the Bombay Legislative Council and has taken his seat in that House is chosen a member of the Bombay Legislative Assembly, his seat in the Bombay Legislative Council shall become vacant-
(a) where he is so chosen in a by-election, on the date on which he is so chosen, and
(b) where he is so chosen in a general election, on the day next preceding the date the new Assembly is constituted under section 73 of the Representation of the People Act, 1951.
4. Meaning of date on which a person is chosen for purposes of sections 2 and 3. - For the purposes of section 2 and 3, the date on which a person is chosen to be a member of either House of the Legislature of the State shall be, in the case of an elected member, the date publication in the Official Gazette of the declaration that he has been so chosen under the Representation of the People Act, 1951, and in the case of a nominated member, the date of publication in the Official Gazette of his nomination.
5. Repeal of Bombay X of 1950. - The Bombay Prohibition of Simultaneous Membership Act, 1950, is repealed.
