Reservation of seats

§7

Summary

1[ 7. (1) In every Corporation, seats shall be reserved for the Scheduled Castes, the Scheduled Tribes 2[and the backward classes] and the number of seats so reserved shall as nearly as may be bear the same proportion to the total number of seats to be filled by direct election in the Corporation, as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area 3[or of the backward classes in the municipal area] bears to the total population of such area and such seats may be allotted by rotation to different wards in a Corporation in such order as may be prescribed by rules. 4[ Provided that the reservation for the backward classes shall not exceed twenty seven per cent of the total number of seats in a Corporation : Provided further that if the figures of population of the backward classes are not available, their population may be determined by carrying out a survey in the manner prescribed by rules. ] (2) 5[ * * * *] (3) Not less than one-third of the seats reserved under 6[subsection (1)] shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes or the backward classes, as the case may be. (4) Not less than one-third of the total number of seats to be filled by direct election in a Corporation, including the number of seatsb reserved under sub-section (3), shall be reserved for women and such seats may be allotted by rotation to different wards in the Corporation in such order as may be prescribed by rules. 7[ (5) The offices of Mayor and 8[ * * *] of the Corporation shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and women in the manner given below :- (1) Reservation and allotment of offices of mayor:- (a) The reservation and allotment of offices of the Mayor shall be done in the manner hereinafter provided. (b) The number of offices to be reserved- (i) for the Scheduled Castes or for the Scheduled Tribes or for the backward classes shall be determined in the manner that it shall bear, as nearly as may be, the same proportion to the total number of offices in the state as the population of the Scheduled Castes in the urban area of the State, or of the Scheduled Tribes in the urban area of the State, or of the backward classes in the urban area of the State bears to the total population of such area in the State and if in determining such number of offices there comes remainder then, if it is half or less than half of the devisor, it shall be ignored and if it is more than half of the devisor, the quotient shall be increased by one and the number so arrived at shall be the number of office to be reserved for the Scheduled Castes or the Scheduled Tribes or the backward classes, as the case may be : Provided that the number of offices to be reserved for the backward classes under this clause shall not be more than twentyseven per cent of the total number of offices in the State ; (ii) for the women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes as the case may be, under sub-section (3) shall not be less than one third of the number of offices for the Scheduled Castes, Scheduled Tribes and for the backward classes, and if in determining such number of offices there comes a remainder then the quotient shall be increased by one and the number so arrived at shall, as the case may be, be the number of offices to be reserved for women belonging to the Scheduled Castes, Scheduled Tribes and backward classes. 9[ (iii) for the women shall not be less than one-third of the total number of offices in the State including the number of offices reserved under item (ii) and if in determining such number of offices, there comes a remainder then the quotient shall be increased by one and the number so arrived at shall, be the number of offices to be reserved for the women] 10[* * * * *] 11[ (d) Subject to sub-clause (b) the number of offices of the Mayors determined under sub-clause (b) for Municipal Corporations of the State offices shall be allotted to different Municipal Corporations in the State, in the manner that- (i) the Municipal Corporations of the State shall be first arranged in accordance with the percentage of population of the Scheduled Castes in the urban area of the State in descending order and the number of offices determined in item (i) of sub-clause (b) for the said sub-clause for the women belonging to the Scheduled Castes, shall be allotted to such Municipal Corporations which have the largest percentage of population of the Scheduled Castes in the State: Provided that such Municipal Corporations shall be first allotted to the women belonging to the Scheduled Castes; (ii) the Municipal Corporations, excluding those to which offices have been allotted under the item (i) of this sub-clause, shall then be arranged in accordance with the percentage of population of the Scheduled Tribes in the State, in descending order and the number of offices determined in item (i) of sub-clause (b) for the Scheduled Tribes, including the number of offices determined under the said sub-clause for the women, belonging to the Scheduled Tribes, shall be allotted to such Municipal Corporations which have the largest percentage of population of the Scheduled Tribes in the State: Provided that such Municipal Corporations shall be first allotted to the women belonging to the Scheduled Tribes; (iii) the Municipal Corporations, excluding those to which offices have been allotted under the item (i) and (ii) of this sub-clause shall then be arranged in accordance with the percentage of population of the Backward Classes in the State, in descending order and the number of offices determined in item (i) of sub-clause (b) for the Backward Classes, including the number of offices determined under the said sub-clause for the women, belonging to the Backward Classes, shall be allotted to such Municipal Corporations which have the largest percentage of population of the Backward Classes in the State: Provided that such Municipal Corporations shall be first allotted to the women belonging to the Backward Classes; (iv) the Municipal Corporations, excluding those to which offices have been allotted under the item (i), (ii) and (iii) of this subclause shall then be arranged in accordance with the population of the Municipal Corporations in the State, in descending order and the number of offices determined under item (iii) of sub-clause (b) excluding the number of offices determined in item (ii) of sub-clause (b), for the women, shall be allotted to such Municipal Corporations in the State: Explanation-I For the purposes of item (i), (ii) and (iii) of this sub-clause the arrangement of Municipal Corporations in descending order shall be done in the manner that the Municipal Corporations having the largest percentage of population of the Scheduled Caste, the Scheduled Tribes or the Backward Classes, as the case may be, in the State shall be placed first and Municipal Corporations having lesser percentage of population of Scheduled Castes, Scheduled Tribes and the Backward Classes than the first shall be placed next and so on and for the purposes of item (iv) of this sub-clause the Municipal Corporations shall be arranged in the like manner, keeping in view the population of the Municipal Corporations of the State. Explanation-II : It is hereby clarified that the words "urban area of the State" as occurring in this sub-clause, shall mean and shall be deemed to include, the urban area of all the Municipal Corporations.] (e) If on the basis of the population of Scheduled Castes or Scheduled Tribes in a Municipal Corporation. (i) only one office could be reserved for the Scheduled Castes or for the Scheduled Tribes as the case may be, such office shall be allotted to the women ; (ii) no office could be reserved for the Scheduled Castes or for the Scheduled Tribes, the order of allotment of offices referred in subclause (d) shall be so adhered to as if there is no reference in it to the Scheduled Castes or to the Scheduled Tribes, as the case may be. 12[(f) The offices of the Mayors of Municipal Corporation allotted in any election to the person belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes, or the women shall not be allotted in the next following elections to the person belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes or the women respectively and the offices of the Mayors of the Municipal Corporations in the State shall be allotted in the subsequent elections, in the cyclic order in the order referred to in sub-clause (d). Explanation-I : It is hereby clarified that the words "previous election" and "subsequent election" as occurring in the sub-clause(f) of this clause and elsewhere in this Act, shall not include and shall be deemed to have never included the elections held, before the promulgation of the Uttar Pradesh Local Self Government Laws (Amendment) Ordinance, 2023. Explanation-II : Notwithstanding any judgment, order or decree of any Court,. Tribunal or Authority it is hereby declared that elections held before the promulgation of the Uttar Pradesh Local Self Government Laws (Amendment) Ordinance, 2023 shall not be deemed to be the "previous election" as contemplated under this section and the next elections to be held under this section accordingly shall not be deemed to be subsequent election.] (2) 13[ * * * * *] (3) Allotment order,- (a) Notwithstanding anything contained in the foregoing subsections the State Government shall, after determining the number of offices to be reserved for the Scheduled Castes, Scheduled Tribes, backward classes and the women, by order published in the Gazette, allot the offices to the Municipal Corporations. (b) The draft of order under sub-clause (a) shall be published for objections for a period of not less than seven days. (c) The State Government shall consider the objections if any, but it shall not be necessary to hear in person on such objections unless the State Government consider it necessary so to do and thereupon it shall become final. (d) The draft of order referred to in sub-clause (b) shall be published in at least one daily newspaper having wide circulation in the concerned district and shall also be affixed on the notice board of the offices of the District Magistrate and the concerned Municipal Corporation.] (6) The reservation of the seats and the offices under this section for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution. Explanation- It is clarified that nothing in this section shall prevent the persons belonging to the Scheduled Castes, the Scheduled Tribes, the backward classes and the women from contesting elections to unreserved seats and offices. ]

1[ 7. (1) In every Corporation, seats shall be reserved for the Scheduled Castes, the Scheduled Tribes 2[and the backward classes] and the number of seats so reserved shall as nearly as may be bear the same proportion to the total number of seats to be filled by direct election in the Corporation, as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area 3[or of the backward classes in the municipal area] bears to the total population of such area and such seats may be allotted by rotation to different wards in a Corporation in such order as may be prescribed by rules. 4[ Provided that the reservation for the backward classes shall not exceed twenty seven per cent of the total number of seats in a Corporation : Provided further that if the figures of population of the backward classes are not available, their population may be determined by carrying out a survey in the manner prescribed by rules. ] (2) 5[ * * * *] (3) Not less than one-third of the seats reserved under 6[subsection (1)] shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes or the backward classes, as the case may be. (4) Not less than one-third of the total number of seats to be filled by direct election in a Corporation, including the number of seatsb reserved under sub-section (3), shall be reserved for women and such seats may be allotted by rotation to different wards in the Corporation in such order as may be prescribed by rules. 7[ (5) The offices of Mayor and 8[ * * *] of the Corporation shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and women in the manner given below :- (1) Reservation and allotment of offices of mayor:- (a) The reservation and allotment of offices of the Mayor shall be done in the manner hereinafter provided. (b) The number of offices to be reserved- (i) for the Scheduled Castes or for the Scheduled Tribes or for the backward classes shall be determined in the manner that it shall bear, as nearly as may be, the same proportion to the total number of offices in the state as the population of the Scheduled Castes in the urban area of the State, or of the Scheduled Tribes in the urban area of the State, or of the backward classes in the urban area of the State bears to the total population of such area in the State and if in determining such number of offices there comes remainder then, if it is half or less than half of the devisor, it shall be ignored and if it is more than half of the devisor, the quotient shall be increased by one and the number so arrived at shall be the number of office to be reserved for the Scheduled Castes or the Scheduled Tribes or the backward classes, as the case may be : Provided that the number of offices to be reserved for the backward classes under this clause shall not be more than twentyseven per cent of the total number of offices in the State ; (ii) for the women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes as the case may be, under sub-section (3) shall not be less than one third of the number of offices for the Scheduled Castes, Scheduled Tribes and for the backward classes, and if in determining such number of offices there comes a remainder then the quotient shall be increased by one and the number so arrived at shall, as the case may be, be the number of offices to be reserved for women belonging to the Scheduled Castes, Scheduled Tribes and backward classes. 9[ (iii) for the women shall not be less than one-third of the total number of offices in the State including the number of offices reserved under item (ii) and if in determining such number of offices, there comes a remainder then the quotient shall be increased by one and the number so arrived at shall, be the number of offices to be reserved for the women] 10[* * * * *] 11[ (d) Subject to sub-clause (b) the number of offices of the Mayors determined under sub-clause (b) for Municipal Corporations of the State offices shall be allotted to different Municipal Corporations in the State, in the manner that- (i) the Municipal Corporations of the State shall be first arranged in accordance with the percentage of population of the Scheduled Castes in the urban area of the State in descending order and the number of offices determined in item (i) of sub-clause (b) for the said sub-clause for the women belonging to the Scheduled Castes, shall be allotted to such Municipal Corporations which have the largest percentage of population of the Scheduled Castes in the State: Provided that such Municipal Corporations shall be first allotted to the women belonging to the Scheduled Castes; (ii) the Municipal Corporations, excluding those to which offices have been allotted under the item (i) of this sub-clause, shall then be arranged in accordance with the percentage of population of the Scheduled Tribes in the State, in descending order and the number of offices determined in item (i) of sub-clause (b) for the Scheduled Tribes, including the number of offices determined under the said sub-clause for the women, belonging to the Scheduled Tribes, shall be allotted to such Municipal Corporations which have the largest percentage of population of the Scheduled Tribes in the State: Provided that such Municipal Corporations shall be first allotted to the women belonging to the Scheduled Tribes; (iii) the Municipal Corporations, excluding those to which offices have been allotted under the item (i) and (ii) of this sub-clause shall then be arranged in accordance with the percentage of population of the Backward Classes in the State, in descending order and the number of offices determined in item (i) of sub-clause (b) for the Backward Classes, including the number of offices determined under the said sub-clause for the women, belonging to the Backward Classes, shall be allotted to such Municipal Corporations which have the largest percentage of population of the Backward Classes in the State: Provided that such Municipal Corporations shall be first allotted to the women belonging to the Backward Classes; (iv) the Municipal Corporations, excluding those to which offices have been allotted under the item (i), (ii) and (iii) of this subclause shall then be arranged in accordance with the population of the Municipal Corporations in the State, in descending order and the number of offices determined under item (iii) of sub-clause (b) excluding the number of offices determined in item (ii) of sub-clause (b), for the women, shall be allotted to such Municipal Corporations in the State: Explanation-I For the purposes of item (i), (ii) and (iii) of this sub-clause the arrangement of Municipal Corporations in descending order shall be done in the manner that the Municipal Corporations having the largest percentage of population of the Scheduled Caste, the Scheduled Tribes or the Backward Classes, as the case may be, in the State shall be placed first and Municipal Corporations having lesser percentage of population of Scheduled Castes, Scheduled Tribes and the Backward Classes than the first shall be placed next and so on and for the purposes of item (iv) of this sub-clause the Municipal Corporations shall be arranged in the like manner, keeping in view the population of the Municipal Corporations of the State. Explanation-II : It is hereby clarified that the words "urban area of the State" as occurring in this sub-clause, shall mean and shall be deemed to include, the urban area of all the Municipal Corporations.] (e) If on the basis of the population of Scheduled Castes or Scheduled Tribes in a Municipal Corporation. (i) only one office could be reserved for the Scheduled Castes or for the Scheduled Tribes as the case may be, such office shall be allotted to the women ; (ii) no office could be reserved for the Scheduled Castes or for the Scheduled Tribes, the order of allotment of offices referred in subclause (d) shall be so adhered to as if there is no reference in it to the Scheduled Castes or to the Scheduled Tribes, as the case may be. 12[(f) The offices of the Mayors of Municipal Corporation allotted in any election to the person belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes, or the women shall not be allotted in the next following elections to the person belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes or the women respectively and the offices of the Mayors of the Municipal Corporations in the State shall be allotted in the subsequent elections, in the cyclic order in the order referred to in sub-clause (d). Explanation-I : It is hereby clarified that the words "previous election" and "subsequent election" as occurring in the sub-clause(f) of this clause and elsewhere in this Act, shall not include and shall be deemed to have never included the elections held, before the promulgation of the Uttar Pradesh Local Self Government Laws (Amendment) Ordinance, 2023. Explanation-II : Notwithstanding any judgment, order or decree of any Court,. Tribunal or Authority it is hereby declared that elections held before the promulgation of the Uttar Pradesh Local Self Government Laws (Amendment) Ordinance, 2023 shall not be deemed to be the "previous election" as contemplated under this section and the next elections to be held under this section accordingly shall not be deemed to be subsequent election.] (2) 13[ * * * * *] (3) Allotment order,- (a) Notwithstanding anything contained in the foregoing subsections the State Government shall, after determining the number of offices to be reserved for the Scheduled Castes, Scheduled Tribes, backward classes and the women, by order published in the Gazette, allot the offices to the Municipal Corporations. (b) The draft of order under sub-clause (a) shall be published for objections for a period of not less than seven days. (c) The State Government shall consider the objections if any, but it shall not be necessary to hear in person on such objections unless the State Government consider it necessary so to do and thereupon it shall become final. (d) The draft of order referred to in sub-clause (b) shall be published in at least one daily newspaper having wide circulation in the concerned district and shall also be affixed on the notice board of the offices of the District Magistrate and the concerned Municipal Corporation.] (6) The reservation of the seats and the offices under this section for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution. Explanation- It is clarified that nothing in this section shall prevent the persons belonging to the Scheduled Castes, the Scheduled Tribes, the backward classes and the women from contesting elections to unreserved seats and offices. ]

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