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section 5

Constitution of Council

The Salem City Municipal Corporation Act, 1994
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Statutory text
  1. (1) Save as otherwise provided in sub-section (2), the council shall consist of such number of councillors elected in the manner laid down in this Act as may be fixed by the Government by notification from time to time, so, however, that the total number of councillors of the council shall not exceed seventy-two at any time.
  2. (2) The following persons shall also be represented in the council, namely :-
    • (a) not more than two persons who are not less than twenty-five years of age and who have special knowledge or experience in municipal administration, to be nominated by the Government : Provided that the person nominated under this clause shall not have the right to vote in the meetings of the council ;
    • (b) the members of the House of the People representing constituencies which comprise wholly or partly the area of the corporation and the members of the council of States registered as electors within the area of the corporation :
    • (c) as nearly as possible one-fifth of the members of the State Legislative Assembly representing constituencies which comprise wholly or partly the area of the corporation to be nominated by the Speaker of the Legislative Assembly by rotation every year : Provided that while nominating such members by rotation, the Speaker of the Legislative Assembly, shall ensure that as far as possible all the members representing constituencies which comprise wholly or partly the area of the corporation are given an opportunity of being represented in the council atleast once during the duration of the council;
    • (d) the Chairperson of the committee, if any, constituted and they are not councillors.
  3. (3) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in the council 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 the council as the population of the Scheduled Castes in the City or of the Scheduled Tribes in the City bears to the total population of the City : Provided that for the first election to be held immediately after the date of the commencement of this Act, the provisional population figures of the City as published in relation to 1991 census shall be deemed to be the population of the City as ascertained in that census.
  4. (4) Seats shall be reserved for women belonging to Scheduled Castes and the Scheduled Tribes, from among the seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes, which shall not be less than one third of the total number of seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes.
  5. (5) Seats shall be reserved for women in the council and the number of seats reserved for women shall not be less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats in the council.
  6. (6) The reservation of seats under sub-sections
  7. (3) and
  8. (4) shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution.

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