section 10
Reservation of seats of Councillors
The Himachal Pradesh Municipal Corporation Act, 1994(1) Seats shall be reserved in the Corporation,- (a) for the Scheduled Castes; and (b) for the Scheduled Tribes; and the number of seats so reserved shall bear as nearly as may be same proportion to the total number of seats to be filled by direct election in the Corporation as the population of the Scheduled Castes and the Scheduled Tribes in the municipal area bears to the total population of the municipal area: Provided that in case no reservation of seats is possible as aforesaid due to small population of the Scheduled Castes or the Scheduled Tribes and the population of Scheduled Castes or of the Scheduled Tribes in the municipal area is at least five per cent of the total population of the municipal area, one seat shall be reserved for the Scheduled Castes, or the Scheduled Tribes, as the case may be, in such a Corporation: Provided further that where there is no eligible candidate belonging to the Scheduled Castes, or the Scheduled Tribes, as the case may be, to be elected as a member of the Corporation, no seat shall be reserved for Scheduled Castes, or Scheduled Tribes, as the case may be: Provided further that in non-tribal areas where there is Scheduled Tribes population in a municipal area, seats shall be reserved for such members of the Scheduled Tribes within the reservation provided for the members of the Scheduled Castes and the determination of seats to be reserved amongst the Scheduled Castes and Scheduled Tribes shall be in proportion to their population in that municipal area. Explanation. -The expression "non-tribal area" for the purpose of this proviso shall mean the areas other than the Scheduled Areas specified in relation to the State of Himachal Pradesh. (2) One-half out of the total number of seats, reserved under sub-section (1), shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (3) One-half (including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes) of the total number of seats to be filled by direct election shall be reserved for women. (4) The State Government may, by general or special order, reserve such number of seats for persons belonging to Backward Classes in a Corporation, not exceeding the proportion to the total number of seats to be filled by direct election in the Corporation as the population of the persons belonging to Backward Classes in that municipal area bears to the total population of that area and may further reserve not less than one half of the total seats reserved under this sub-section for women belonging to Backward Classes. (5) The seats reserved under sub-sections (1), (2), (3) and (4) shall be allotted by rotation to different constituencies in the municipal area in such manner as may be prescribed. (6) The reservation of seats under sub-section (1), shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India. (7) The reservation of seats under sub-sections (1) and (4) shall be reviewed after every decennial census. (8) The reservation of seats under this section shall be given effect to through a notification issued, at the time of each election, by the State Government.
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