Vidhi Codex

section 11

Reservation of seats for Scheduled Castes, Scheduled Tribes, Women and backward class of citizens

The Odisha Municipal Act, 1950
Infrastructure1950409 sections
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Statutory text
  1. (1) There shall be reserved, by the [District Magistrate], seats in every Municipality for the Scheduled Castes and 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 to be filled by direct election in that Municipality 1. Semi-colon is substituted for full stop at the end of proviso to clause (b) and clause (c) is insterted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. as the population of the Scheduled Castes in the concerned Municipality or of the Scheduled Tribes in that area bears to the total population of that area and such seats shall be allotted by rotation to different wards in a municipality : Provided that where the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in a municipality is not sufficient for reservation of any seat, one seat for the Scheduled Castes or, as the case may be, one seat for the Scheduled Tribes shall be reserved in that municipality.
  2. (2) As nearly as may be, but not less than, one-third 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: Provided that Where only two seats are served for the Scheduled Castes or, as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. 1[(3) As nearly as may be, but not less than, twenty-seven percentum of the total number of seats to be filled up by direct election in every Municipality shall also be reserved in favour of backward class of citizens as referred to in clause (6) of Article 243-T of the Constitution.] 1[(3-A) As nearly as may be, one-third of the total number of seats reserved under sub-section (3) shall be reserved for women belonging to the backward class of citizens: Provided that where only two seats are reserved for the backward class of citizens one of the two seats shall be reserved for women belonging to the backward class of citizens.]
  3. (4) As nearly as may be, but not less than, one-third (including the number of seats reserved for women belonging to the Scheduled Castes 1[the Scheduled Tribes and the backward class of citizens]of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats shall be allotted by rotation to different wards in a municipality.
  4. (5) Where a particular ward is reserved for the Scheduled Castes or the Scheduled Tribes or the backward class of citizens, or for women whether or not belonging to the Scheduled Castes or the Scheduled Tribes, and no eligible candidate is available or comes forward to contest the election in relation to that ward, the State Government shall nominate a person who is otherwise eligible to contest such election, as the Councillor for the ward.
  5. (6) The procedure regarding reservation of seats for the purposes of sub-sections (1).(2),
  6. (3) and (4) shall be such as may be prescribed.
  7. (7) The reservation of seats under sub-sections (1) and (2) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution. ]

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