An Act to make better provision for the Administration of Local Funds in the Presidency of Bombay.

WHEREAS it is expedient to amend the law relating to the administration of local funds by district and táluka committees; It is enacted as follows:

:

Short Title.

Local extent.

I. PRELIMINARY.

1. This Act may be called "The Bombay Local Boards Act, 1884."

It extends to the whole of the Presidency of Bombay, except the City of Bombay and Aden.

2. From the date notified by the Governor in Council under section 13 for each district the enactments mentioned Repealing section. in the schedule shall be repealed in such district to the extent specified in the third column thereof, but not so as to render invalid anything done in accordance with any of them : Provided that all debts and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for the committee or authority heretofore charged, in the local area over which the authority of any local board established under this Act extends, with the administration of local funds under Bombay Act VIII. of 1865 (which

Act may be called "The Sind Local Funds Act, 1865,") or the Bombay Local Funds Act, 1869, shall be deemed to have been incurred, entered into, or engaged to be done by, with or for the local board so established;

and all sums of money due to the said committee or authority shall be deemed to be due to the said local board;

and all suits or other legal proceedings, civil or criminal, instituted, or which might, but for the passing of this Act, have been instituted by or against any such committee or authority may be continued or instituted by or against the said local board;

and all rules or orders made under any enactment hereby repealed and all other rules, if any, now in force and relating to any of the matters hereinafter dealt with shall, so far as they are consistent with this Act, be deemed to have been made hereunder.

"Salaried servant of Government."

(3) the words "salaried servant of Government" do not include a retired servant of Government in receipt of a pension;

(4) the word "táluka" means any local area for which a táluka local board is established, inclusive of the portion of such area, if any, for the time being

"táluka."

Establishment of district and táluka local boards.

4. Local funds shall be administered by local boards established for this purpose as hereinafter provided. There shall be one local board for each district and also one for each táluka as constituted under the Bombay Land Revenue Code, 1879, or for such area consisting of one or more such tálukas or portions of such tálukas as the Governor in Council shall deem fit.

Each district local board shall have authority for the purposes of this Act over the entire district and each táluka local board over the entire táluka for which they are respectively established, except such

Local extent of the board's authority.

portions thereof as are for the time being within a municipal district or a military cantonment.

Constitution of local boards.

(a) elective members, and

5. Every district and táluka local board shall consist of

(b) such persons, if any, as the Governor in Council or any officer whom he authorizes in this behalf from time to time appoints, who shall be called "nominated members":

Provided that the number of elective members shall be not less than one-half of the whole board exclusive of the president, and that not more. than one-half of the nominated members shall be salaried servants of Government.

Elective members of táluka local boards by whom to be elected.

6. The elective members of táluka local boards shall be as follows:

(a) one member for each municipal district within the táluka for which a táluka local board has been established containing more than five thousand inhabitants, elected by the commissioners of such district from amongst their own number;

(b) one member (qualified as hereinafter provided) for each of the several groups into which for the purposes of this clause the Governor in Council shall from time to time deem fit to cause the villages in the area subject to the authority of such board to be divided, elected by persons qualified, as hereinafter provided, to vote at such elections;

(c) one member elected by the holders of entire alienated villages, if any, within the táluka, from amongst their own number or, if there is but one such holder in the táluka, such holder himself or any person whom he nominates as his representative.

Elective members of district local boards by whom to be elected.

7. The elective members of district local boards shall be as follows :

(a) one member or, if Government so direct, two or more members for each táluka local board in the district, or one member for two or more táluka local boards in the district, united for this purpose into a joint board, elected by the members of such board or joint board from amongst their own number;

S. 5 (b).-Commissioners of divisions are authorised to nominate when the appointment by nomination consists merely in substituting the name of one incumbent of an office for that of his predecessor who resigns on transfer. G. G. 1885, p. 697.

(b) one member for each municipal district within the district containing not less than eighteen thousand inhabitants elected by the commissioners of such district from among their own number;

(c) one member elected by the holders of entire alienated villages, if any, within the district, from amongst their own number, or, if there is but one such holder in the district, such holder himself, or any person whom he nominates as his representative:

Provided that the person to be elected by any táluka local board under clause (a) may not be a Mámlatdár having jurisdiction in the area subject to the authority of such board.

8. The Governor in Council may at any time by notification in the

Constitution of local boards in exceptional parts.

Bombay Government Gazette direct that the provisions of sections 5, 6 and 7, and the subsequent provisions of this Act which refer

to those sections or any one or more of the said provisions shall not apply to the local board of any district or táluka to which for exceptional reasons which shall be set forth in the said notification he shall deem such provisions to be unsuitable.

In the said notification or any subsequent notification published as aforesaid the Governor in Council may prescribe such provision or provisions as he deems fit in substitution for the provision or provisions declared inapplicable to any local board and the provision or provisions so prescribed shall have effect, so far as concerns such board, as if the same were inserted in this Act.

It shall be competent to the Governor in Council at any time to alter or rescind any notification issued by him under this section, and in the event of any notification under the first paragraph being rescinded the local board affected thereby shall, from a date to be fixed in this behalf by the Governor in Council, be constituted in accordance with sections 5, 6 and 7 and the subsequent provisions of this Act having reference thereto.

or

, as the

9. Every local board shall be a body corporate by the name of "The District Local Board of Incorporation of local boards. "The Táluka Local Board of case may be, and shall have perpetual succession and a common seal and may sue and be sued in its corporate name, and shall be competent to acquire and hold property, both moveable and immoveable, to lease, sell or otherwise transfer any moveable or immoveable property which may have become vested in or been acquired by them, and to contract and to do all other things necessary for the purposes of this Act:

Provided that no lease of immoveable property for a term exceeding. three years and no sale or other transfer of any such property shall be valid unless such lease, sale or other transfer shall have been made with the previous sanction of the Commissioner.