The Bombay Prohibition of Simultaneous Membership Act, 1957.

1957 : Mah. XII]  1 

THE BOMBAY PROHIBITION OF SIMULTANEOUS MEMBERSHIP  

ACT, 1957 

[Text as on 28th November 2023] 

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CONTENTS  

PREAMBLE.  

SECTIONS.  

 1.  Short title.  

 2.  Vacation of seats when elected to both Houses of State Legislature.  

 3.  Vacation of seats by persons already members of one House on election to other House of 

State Legislature.  

 4.  Meaning of date on which a person is chosen for purposes of sections 2 and 3.  

 5.  Repeal of Bom. X of 1950. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



2 Bombay Prohibition of Simultaneous Membership Act, 1957 [1957 : Bom. XII 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



1957 : Mah. XII]  Bombay Prohibition of Simultaneous Membership Act, 1957 3 

BOMBAY ACT No. XII OF 19571 

[THE BOMBAY PROHIBITION OF SIMULTANEOUS MEMBERSHIP ACT, 1957.] 

                                                                                                                                      [30th March 1957] 

[This Act received the assent of the Governor on the 29th March, 1957; assent was first published in the 

Bombay Government Gazette, Part IV, Extraordinary, on the 30th March, 1957.] 

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 irrevocable.  

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 (XLIII of 

1951). 

4.  Meaning of date on which a person is chosen for purposes of sections 2 and 3.— For the 

purposes of sections 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 of publication in the 

Official Gazette of the declaration that he has been so chosen under the Representation of the People 

Act, 1951 (XLIII of 1951), and in the case of a nominated member, the date of publication in the 

Official Gazette of his nomination.  

5.  Repeal of Bom. X of 1950.— The Bombay Prohibition of Simultaneous Membership Act, 

1950 (Bom. X of 1950), is repealed. 

 

 

                                                   
1  For Statement of Objects and Reasons, see Bombay Government Gazette, 1957, Part V, pages 57-58.