Constitution of Grama Panchayat.

5. Constitution of Grama Panc hayat .- (1) The Grama Panchayat shall consist of such number of elected members as may be no tified from time to time by the 3[1[Government]1]3, at the rate of one member for 2[every four hundred population]2 or part thereof of the panchayat area: 1. Insert ed by Act 29 of 1997 w.e.f. 20.10.1997. Provided that the determination of the number as aforesaid shall not affect the then composition of the Grama Pa nchayat until the expiry of the term of office of the elected members then in office: 1[Proviso x x x]1 (2) Seat 1[shall, subject to the general or special order of the 2[Government]2, be reserved by the De puty Commissioner]1 in a Grama Panchayat, - (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, the same proportion to the total number of seats in the Grama Panchayat as t he population of the Scheduled Castes in the panchayat area or of the Scheduled Tribes in the panchayat area bears to the total population of the panchayat area; 1[Proviso x x x]1 1[Provided that at least one seat each shall be reserved in a Grama Panchayat for the persons belonging to the Scheduled Castes and the Scheduled Tribes: Provided further that, if no person belonging to the Scheduled Castes is available the seat reversed for that category shall also be filled by the persons belonging to Scheduled Tribes and vice -versa.]1 (3) Such number of seats w hich shall, as nearly as may be one -third of the total number of seats of the Grama Panchayat 1[shall, subject to the general or special order of the 4[Government]4, be reserved by the Deputy Commissioner]1 for persons belonging to the Backward classes: 3[But the number of seats so reserved for the Backward Classes under this sub -section shall be so determined, that the total number of seats reserved for the Scheduled Castes and the Scheduled Tribes under sub -section (2) and the Backward 45 Classes under this sub-section shall not exceed fifty per cent of the total number of seats in the Grama Panchayat.]3 2[Provided that out of the seats reserved under this sub -section, eighty per cent of the total number of such seats shall be reserved for the perso ns falling under category “A” and the remaining twenty per cent of the seats shall be reserved for the persons falling under category "B": Provided further that if no person falling under category “A” is available, the seats reserved for that catego ry shall also be filled by the persons falling under category “B” and vice versa . Explanation .- For the purpose of this sub -section, proviso to clause (b) of sub -section (2) of section 44, sub -section (2) of section 123, clause (b) of sub -section (2) of section 138, sub -section (2) of section 162 and clause (b) of sub -section (2) of section 177, categories “A” and “B” shall mean category ‘A’ and ‘B’ referred to in clause (2) of section 2.]2 (4) Not less than 2[fifty percent ]2 of the seats reserved in each category, for persons belonging to the Scheduled Castes, Scheduled Tribes and Backward classes and of the non-reserved seats in the Grama Panchayat 1[shall, subject to the general or special order of the 4[Government]4, be reserved by the Deputy Commissioner]1 for women 3[subject to an overall limit of one half rounding of to the next number]3. 1[Proviso x x x]1 1[Provided that the seats reserved under sub -sections (2), (3) and (4) shall be allotted by rotation, to different constituencies in the Panchayat area 2[and such r otation shall be continued for a period of 3[five years ]3]2]1 Provided further that nothi ng contained in this section shall be deemed to prevent a woman or a person belonging to the Scheduled Castes and Scheduled Tribes or Backward Classes for whom seats have been reserved in a Grama Panchayat from standing for election to any non -reserved sea t in such Grama Panchayat. (5) Subject to the provisions of sub -sections (2), (3) and (4), 1[and subject to the general or special order of the 2[Government]2, the Deputy Commissioner]1 shall, by notification, determine, - 46 (a) the constituencies into which the area within the jurisdiction of every Grama Panchayat shall be divided for the purpose of election to every Grama Panchayat; (b) the extent of e ach constituency; (c) the number of seats if any reserved for the Scheduled Castes, the Scheduled Tribes, Backward Classes or women in each constituency; and (d) the number of seats allotted to each Constituency which shall be one or more. (6) If for any reason the election to any Grama Panchayat does not result in the election of the required number of members as specified in sub -section (1), the 1[Deputy Commissioner]1 shall within one month from the date on which the names of the elected members are published by him under sub -section (8) arrange another election for the election of such number of members as will make up the required number. (7) Notwithstanding anything contained in sub -sections (1) and (6), but subject to any general or special orders of the Government, where two -thirds of the total number of members of any Grama Panchayat have been elected, the Grama Panchayat shall be (8) The 1[Deputy Commissioner]1 shall publish, in the prescribed manner the names of members elected or deemed to have been duly elected.