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such power.

Governor in Council may by an order published, with the reasons for making it, in the official gazette, declare the local board to be incompetent or in default, or to bave exceeded or abused its powers, as the case may be, and supersede it for a period to be specified in the order. Consequences of exercise of

When a local board is so superseded, the fol

lowing consequences shall ensue:(a) all members of the board shall, as from the date of the order,

vacate their offices as such members; (6) all powers and duties of the board may, during the period of

supersession, be exercised and performed by such person or persons as the Governor in Council, from time to time,

appoints in that behalf; (c) where a local board is superseded, all property vested in it

shall, during the period of supersession, vest in Govern

ment. On the expiration of the period of supersession specified in the order, the board shall be re-established by the election or appointment of new members under the provisions of this Act applicable thereto. 68. In all matters connected with this Act, the Governor in Council

and the Commissioners and Collectors shall Powers of Government and of the Commissioners over Collec have and exercise the same authority and

control over the Commissioners, the Collectors and their subordinates, respectively, as they have and exercise over them in the general and revenue administration.

tors, &c.

VIII.-RULES.

69. The Governor in Council may from time to time make and from Purposes for which rules and time to time vary or rescind rules, or orders, orders may be made.

consistent with this Act : (a) prescribing the number of members for each local board and

the proportion of elective and nominated members for

each; (b) determining the mode in which elections of members of local

boards, other than elections under section 6 (c) and 7 (c), and the places at which and the authorities, if any, under whose superintendence such elections shall be held, and the manner in which votes thereat shall be recorded and how and by whom the results of such elections shall be declared ;

S. 69.–See G. G. 1884, pp. 548, 704, 1043 ; 16. 1885, pp. 17, 283, 802; 16. 1886, p. 488.

(c) prescribing such general conditions as shall seem fit as to

the manner in which the business of local boards shall be conducted and as to the appointment, control, punishment

and dismissal of the officers and servants of local boards; (d) generally, for the guidance of local boards and Government

officers in all matters connected with the administration of

this Act and not therein specially provided for. All rules and orders so made shall be published in the official gazette.

IX.-MISCELLANEOUS.

70. If any member of a local board or any officer or servant mainPenalty for member, officer or

tained by or employed under a local board has, servant of a local board being directly or indirectly, any share or interest in interested in any contract, &c., any work done by order of the board of which with that board.

he is a member or by which he is maintained or under which he is employed or in any contract with or under such board, he shall be liable, on conviction before a criminal court, to a fine which may extend to five hundred rupees :

provided that the penalty herein prescribed and the disqualification for membership of a local board prescribed in section 11, clause (f), shall not be deemed to apply by reason only of a person

(a) having a share in any joint-stock company which shall contract

with, or be employed by, or on behalf of the local board,

or

(6) having a share or interest in any newspaper in which any

advertisement relating to the affairs of the local board may

be inserted, or
(c) holding a debenture or being otherwise concerned in any

loan
raised by or on behalf of the local board, or
(d) being professionally engaged on behalf of the local board as a

legal practitioner. Nevertheless it shall not be lawful for a person having any share or interest such as is described in the above clauses (a) and (b) to act as a member of a local board in any matter relating to a contract or agreement between the local board and such company or the manager or publisher of such newspaper.

71. Every member of a local board and every officer and servant Members, &c., of boards to be maintained by a district local board shall be public servants.

deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

513

72. When any land is required for the purposes of this Act, the

Governor in Council may, on the request of Acquisition of land.

the local board requiring it, proceed to acquire it under the provisions of the Land Acquisition Act, 1870; and on payment by the local board of the compensation awarded under that Act, the land shall vest in the local board. 73. The powers and duties conferred and imposed by this Act on the

Governor in Council or the Government, Powers and duties of Government to be discharged in Sind except those so conferred and imposed by by the Commissioner.

sections 8, 63, 64, 67 and 68, shall, in Sind, be exercised and performed by the Commissioner. 74. No action shall be commenced against any local board, or against

any officer or servant of a local board, or any Limitation of suits, &c.

person acting under the orders of a local board, for anything done, or purporting to have been done in pursuance of this Act, without giving to such local board, officer, servant, or person one month's previous notice in writing of the intended action and of the cause thereof, nor after three months from the date of the act complained of;

and in the case of any such action for damages, if tender of sufficient amends shall have been made before the action was brought, the plaintiff shall not recover more than the amount so tendered and shall

pay

all costs incurred by the defendant after such tender. Amendment of Bombay Act

75. In the Bombay Local Funds Act, IlI. of 1869.

1869: (a) the words: “Bombay Land Revenue Code, 1879” shall be

substituted for the words : “ (Bombay) Act I. of 1865"

wherever they occur; and (6) the words “Commissioner of the division ” shall be substi

tuted in section 8 for the words “Revenue Commis

sioner"; and (c) the words “if no such rate is so recorded or if the rate so

recorded is” shall be substituted in rule 3 of section 7 for

the words “if this rate be.” 76. In the Sind Local Funds Act, 1865, section 2, the word “of” Amendment of Bombay Act

shall be substituted for the words “heretofore VIII. of 1865.

customarily levied, namely," 77. For clause two of section three of Bombay Act III. of 1875 Amendment of Bombay Act the following clause shall be substituted, III. of 1875.

namely: Clause 2. The word 'persons' in this section shall be deemed to include local boards establisher uuder the Boinbay Local Boards Act, 1881."

SCHEDULE.

(See section 2.)

Enactment.

Subject.

Extent of repeal.

Bombay Act VIII. An Act to authorize taxation in the In the preamble the words :“and

VIII. an of 1865.

province of Sind for objects of to aid in defraying the expense public local utility and improve of the Department of Public ment.

Works in the Province of

Sind."

Sections 6, 7 and 8. Bombay Act III. of An Act to provide in the Presidency In the title the words: “and 1869.

of Bombay funds for expenditure to constitute local committees
on objects of local public utility and for the due administration of
improvement and to constitute local such funds."
comınittees for the due administra- In the preamble the words :
tion of such funds.

“and whereas it is expedient
to constitute local committees
to provide for the due appro-
priation of such funds to the

purposes aforesaid.” Sections 1, 2, 3, 4, 5, 9, 10, 11,

12 and 13. Bombay Act II. of An Act to amend the law relating Section 16. 1868.

to public ferries in the Presidency of

Bombay.
Bombay Act III. of An Act for enabling Government to Section 12.
1875.

levy tolls on public roads and bridges
in the Presidency of Bombay. .

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Published BY THE GOVERNOR OF BOMBAY ON THE Ist May, 1881.

The Bombay District Municipal Act Amendment Act, 1884.

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Short title
Local extent
Construction
Repealing section
Interpretation section

"Bombay Government Gazette"
"Municipal district "
Certain expressions in Bombay

Act VI. of 1873 defined
"Salaried servant of Government”
“Commissioner of the division"

(1) (2)

Municipal Districts.
Definition of municipal districts 5
Determination of local limits of

municipal districts in existence

when this Act comes into force ... 6
Definition of municipal boundaries by
boundary marks

ib.
Municipal districts to be temporary
or permanent

7
What local areas may be declared to
be temporary municipal districts...

...

(3) (4) (5)

8

...

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II.-CONSTITUTION OF MUNICIPALI.

TIES- contd.

Municipal Districts-contd.

(1)

..

(3)

...

...

(5)

(6)

What local areas may be declared to

be permanent municipal districts 9 Naming of municipal districts comprising two or more places

ib. Permanent municipal districts 10 General constitution of municipalities 11 The Governor in Council may deter

mine total number of commis. sioners ;

12' (a) fix proportion of elective and nominated commissioners;

(6) make rules for regulating elections :

(c) Proviso as to admission of certain qualifications; and...

(d) as to time when alteration in qualification shall take effect....

(e) Constitution of municipalities in ex. ceptional cases

13 Temporary municipalities

14 Incorporation of municipalities 15

..

...

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(8)

...

...

(9)

(10)

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(11)

Provisions regulating municipalities' proceedings

27 General meetings A special meeting may be called

whenever necessary upon an

emergency
Notice to be given of meetings
One-half of the commissioners

sball form a quorum
Meetings must ordinarily be open

to the public
Every meeting to be presided

over by the president
Business to be transacted at

meetings...
Adjournments of meetings
All questions must be decided by

a majority of votes...
Municipality may delegate their

functions to committees Committees' meetings to be pre

sided over by a chairman
Committees shall meet when they

think proper
Questions at committees' meetings

shall be decided by a majority

of votes ...
Notice of business to be transacted

must in certain cases be given to
the Government Executive En-

gineer or Educational Inspector.
Minutes of proceedings to be kept.
Vacancy not to affect municipa-

lity's proceedings
Acts of a municipality, &c., not to

be invalidated by informalities.. Certain Government officers may

attend meetings of municipalities. 28 Municipalities may require the

presence of the said officers at
their meetings

ib. Written propositions may be circulated for votes

29 Mode of executing contracts

30 Joint committees of two or more

municipalities other local
bodies

31

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