Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com AHMEDABAD AND SURAT MUNICIPAL ADMINISTRATION VALIDATING ACT, 1946 23 of 1946 [1st October 1946] CONTENTS 1. Short title and commencement 2 . Validation of acts of persons appointed under section 219 of Bombay XVIII of 1925 3. Act to apply pending suits and proceeding 4. Repeal of Bombay III of 1946 SCHEDULE 1 :- SCHEDULE AHMEDABAD AND SURAT MUNICIPAL ADMINISTRATION VALIDATING ACT, 1946 23 of 1946 [1st October 1946] An Act to validate the acts of certain persons appointed by the Commissioner, Northern Division, to exercise the powers and perform the duties of the Borough Municipalities of Ahmedabad and Surat. WHEREAS the Municipalities of Ahmedabad and Surat were superseded by the Provincial Government by order made under sub-section (1) of section 219 of the Bombay Municipal Boroughs Act, 1925 Bombay XVIII of 1925; AND WHEREAS the Commissioner, Northern Division, from time to time appointed certain persons to exercise and perform all powers and duties of the respective Municipalities during the period of their super-session; AND WHEREAS the orders made by the Provisional Government for the supersession of the said Municipalities and the appoints made b y the Commissioner of the said persons were ineffectual and invalid; AND WHEREAS various acts have been done by the said persons in the purported exercise and performance of the said powers and duties during the period from the date of the said orders of supersession till the 8th February, 1946 (both in- clusive); For Statement of Objects and Reasons, see Bombay Government Gazette, 1946 Pt. V, p. 62; for Proceedings In Assembly, See Bombay Legislative Assembly Debates, 1945, Vol. IX; and for Proceedings In Council, see Bombay Legislative Council Debates, 1946, Vol. X. AND WHEREAS it was necessary and expedient to validate the said acts done by the said persons; AND WHEREAS the Ahmedabad and Surat Municipal Administration Validating Act, 1946, Born. III of 1946, was enacted for the said purpose; but the names of certain persons, appointed by the Commissioner to exercise and perform the powers and duties of the Ahmedabad and Surat Municipalities during the period of their supersession, were not specified in column 3 of the Schedule to the said Act; AND WHEREAS in view of the provisions of sub-section (4) of section 93 of the Government of India Act, 1935, 26 Geo. 5, Ch. 2, it is necessary to re-enact the said Act with certain modifications; It is hereby enacted as follows:- 1. Short title and commencement :- (1) This Act may be called the Ahmedabad and Surat Municipal Administration Validating Act, 1946. (2) It shall come into force at once. 2. Validation of acts of persons appointed under section 219 of Bombay XVIII of 1925 :- Notwithstanding that the orders specified in column I of the Schedule made by the Provincial Government under sub-section (1) of S.219 of the Bombay Municipal Boroughs Act, 1925(Bom. XVIII of 1925) (hereinafter referred to as the said Act), for the super- session of the Municipalities specified in column 2 of the said Schedule and the appointments of the persons specified in column 3 thereof made by the Commissioner, Northern Division, from time to time under clause (b) of sub- section (2) of S.219 of the Bombay Municipal Boroughs Act, 1925 of the said Act are ineffectual and invalid, all powers and duties of the respective Municipalities exercised and performed by the said persons during the period from the date of the said orders of supersession till the 8th February, 1946 (both inclusive) shall be deemed to be and always to have been validly exercised and performed by the said persons; and no act done by the said persons during the said period shall be deemed to invalid or called in question on the ground merely that the said orders of supersession and appointments were ineffectual and the said persons are now hereby indemnified and discharged from liability in respect of such acts. 3. Act to apply pending suits and proceeding :- The provisions of this Act shall apply notwithstanding the pendency of any suit or other proceeding in any Court of law, either in a Court of first instance or in a Court of appeal, at the time when the Act comes into force. 4. Repeal of Bombay III of 1946 :- The Ahmedabad an Surat Municipal Administration Validating Act, 1946 (Bom. III of 1946), is hereby repealed. SCHEDULE 1 SCHEDULE Orders Municipalities. Persons. 1 2 3 Government Surat (a) Collector of Surat, Sole Order, Municipality. Administrator. General (b) Committee of Management Department consisting of No. 1707, 1. Rao Bahadur N.M. Jhaveri dated the (Chairman). 3rd May 2. Mr. Chhotubhai Gulabdas 1944. Vakil. 3. Mr. Kanchanlal Manchharam Khandwala. 4. Mr. Chandulal Manganlal Kapadia. 5. Mr. .Jekisondas Jamanadas Rana. 6. Mr. Ratilal Shambhulal Reshamwala. 7. Mr. Mohamadbhai Esufali Badri. 8. Mr. Umarmiya Zenumia Kagzi. 9. Mr. Shifa-ul-Mulk Hakim Meer Sarfaraz Hussain Meer Yawar Hussain. 10. Mr. Gulam Rasul Ahmed Shaikh. 11. Haji Mahmadbhai Abdul labhai Nareilwala. 12. Mr. Abdul Kadar Mahmad Shaikh. 13. Mr. M.C. Bedson. 14. Mr. Mithabhai Palji. 15. Sardar Sheriar B. Modi. Government Ahmedabad (a) Diwan Bahadur M.S. Order, Municipality. Moulvl, Sole Administrator. Central (b) Committee of Management Department consisting of No. 1825, 1. Diwan Bahadur M.S. Moulvi dated the 3rd (Chairman). May, 1944 2. Sir Mahbubmiya 1. Kadri, Kt. O.B.E. 3. Mr. Ahmedmia S. Shaikh. 4. Mr. Abdulla M. Yamani. 5. Mr. Mahmod Habib A. ValliuUah. 6. Mr. Abdul Rehmankhan Risaldar. 7. Mr. Doulatram U. Shah. 8. Diwan Bahadur Ratilal J. Lakhia. 9. Rao Saheb Maneklal Chunilal Patel. 10. Mr. Champaklal C. Bhatt. 11. Mr. Karsondas M. Leuva. 12. Khan Bahadur HormasJi Pestonji Chahewala, O.B.E. (c) Committee of Management consisting of 1. Diwan Bahadur M.S. Moulvi (Chairman). 2. Sir Mahbubmiya 1. Kadri, Kt, O.B.E. 3. Mr. Ahmedmia S. Shaikh. 4, Mr. Abdulla M. Yamani. 5. Mr. Mahmod Habib A. Valiullah. 6. Mr. Abdul Rehmankhan Risaldar. 7. Mr. Doulatram U. Shah. 8. Diwan Bahadur Ratilal J. Lakhia. 9. Rao Saheb Nathalal Nanalal Dave. 10. Mr. Champaklal C. Bhatt. 11. Mr. Karsondas M. Leuva. 12. Khan Bahadur Hormasji Pentonji Chahewala, O.B.E.