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Legislative Councils Act ,1957

Act No : 37


Section : Increase in the strength of the Bombay legislative Council.

5. Increase in the strength of the Bombay Legislative Council. (1) The total number of seats in the Legislative Council of Bombay shall be increased to 108 and of those seats-- (a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171 shall be 36, 9 and 9, respectively; (b) the number to be filled by persons elected by the members of the Legislative Assembly of Bombay in accordance with the provisions of sub-clause (d) of the said clause shall be 42; and (c) the number to be filled by persons nominated by the Governor of Bombay in accordance with the provisions of sub-clause (e) of that clause shall be 12. (2) As from the commencement of this Act, the Delimitation of Council Constituencies (Bombay) Order, 1951, shall, until other provision is made by law, have effect subject to the modifications directed by the Second Schedule and in the said Order as so modified, any reference to the State of Bombay shall be construed as a reference to that State as formed by section 8 of the States Reorganisation Act, 1956 (37 of 1956). (3) As from the commencement of this Act-- (a) every sitting member of the said Council representing immediately before such commencement any council constituency specified in column 1 of the Table below shall be deemed to have been elected to the said Council by the council constituency specified against that constituency in column 2 of the said Table if immediately before such commencement, he is an elector for an assembly constituency in the State of Bombay; TABLE ---------------------------------------------------------------------- 1 2 ---------------------------------------------------------------------- Bombay City (Graduates) . . Greater Bombay (Graduates). Ahmedabad City (Graduates) . . Gujarat (Graduates). Northern Division (Graduates) . . Poona City (Graduates) . . . Maharashtra (Graduates). Southern Division (Graduates) . Bombay City (Teachers) . . . Poona City (Teachers) . . . Greater Bombay-cum-Maharashtra Central Division (Teachers) . . (Teachers). Southern Division (Teachers) . . ---------------------------------------------------------------------- 490 Ahmedabad City (Teachers) . . Gujarat (Teachers). Northern Division (Teachers) . . Bombay City (Local Authorities) . Greater Bombay-cum-Maharashtra West (Local Authorities). Ahmedabad City (Local Authorities) Ahmedabad District (Local Authori- ties). Gujarat North (Local Authorities). Mehsana-cum-Banas Kantha (Local Authorities). Baroda-cum-Amreli (Local Autho- rities). Broach-cum-Panch Mahals (Local Authorities). Gujarat South (Local Authorities). Kaira (Local Authorities) . . Surat (Local Authorities) . . East Khandesh (Local Authorities). Nasik (Local Authorities) . . Maharashtra North (Local Ahmednagar-cum-West Khandesh Authorities). (Local Authorities) . . Poona City (Local Authorities). . Poona (Local Authorities) . . Maharashtra South (Local Sholapur (Local Authorities) . . Authorities). North Satara (Local Authorities) . Kolaba-cum-Thana (Local Autho- rities). Ratnagiri-cum-Kanara (Local Authorities). . . Maharashtra North (Local Authorities). Kolhapur-cum-South Satara (Local Authorities). ---------------------------------------------------------------------- (b) every sitting member of the said Council elected by the members of the Legislative Assembly of the former State of Bombay and every sitting member of the said Council chosen in pursuance of clause (b) of sub-section (2) of section 34 of the States Reorganisation Act, 1956 (37 of 1956), shall be deemed to have been duly elected by the members of the Legislative Assembly of the present State of Bombay if immediately before such commencement he is an elector for an assembly constituency in the State of Bombay. (4) Every sitting elected member of the said Council who is not deemed to have been elected thereto by virtue of clause (a) or clause (b) of sub-section (3) shall, as from the commencement of this Act, cease to be a member of the said Council. (5) As soon as may be after such commencement, elections shall be held to fill such of the seats allotted to the several Council constituencies by the Delimitation of Council Constituencies (Bombay) 491 Order, 1951, as modified by this Act and such of the seats to be filled by persons referred to in clause (b) of sub-section (1) as are then vacant, as if those seats had then become vacant. (6) The said Council shall be deemed to have been first constituted on the date on which the Legislative Council of the former State of Bombay was first constituted. (7) In order that, as nearly as may be, one-third of the members of the said Council may retire on the 24th April, 1958, and on the expiration of every second year thereafter, the Governor of Bombay shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the sitting members chosen in pursuance of clause (b) of sub-section (2) of section 34 of the States Reorganisation Act, 1956 (37 of 1956), and of the members to be elected under sub-section (5) of this section. (8) Section 34 of the States Reorganisation Act, 1956, shall be amended, and shall be deemed always to have been amended, as follows:- - (a) in sub-section (2), for the words, brackets and figures `Until the said Council has been reconstituted in accordance with the provisions of sub-sections (4) and (5) of this section and summoned to meet for the first time', the words 'Until otherwise provided by law' shall be substituted; (b) sub-sections (3), (4) and (5) shall be omitted. (9) In this section, the expression 'the former State of Bombay' means the State of Bombay as it existed immediately before the 1st day of November, 1956.


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