CONSTITUTION AND GOVERNMENT OF MUNICIPALITIES

Reservation of seats

§9A

Summary

1[ 9-A. (1) In every municipality seats shall be reserved for the 2[Scheduled Castes, the Scheduled Tribes and the backward classes] and the number of seats so reserved shall hear, as nearly as may be the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area 2or of the backward classes in the municipal area bears to the total population of such area sand such seats may be allotted by rotation to different wards in a municipality in such order as may be prescribed by rules: 3[ Provided that the reservation for the backward classes shall not exceed twenty seven per cent of the total number of seats in the municipality ; 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) 4[ * * * * * ] (3) Not less than one-third of the total number of seats reserved under 5[sub-sections (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 in a municipality [including the number of seats reserved under subsection (3)] shall be reserved for women and such seats may be allotted by rotation to different wards in a municipality in such order as may be prescribed by rules. 6[ "(5) The office of the President of the Municipal Councils and Nagar Panchayat shall be reserved and allotted 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 the President - (a) The reservation and allotment of offices of the President under this sub- section, shall be done separately for the Municipal Councils and Nagar Panchayats in the manner hereinafter provided. (b) The number of offices to be reserved - (i) for the Scheduled Castes or for the Scheduled Tribes 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, bears to the total population of such area in the State and if in determining such number of offices, there comes a remainder then, if it is half or less than half of the divisor, it shall be ignored and if it is more than half of the divisor, the quotient shall be increased by one and the number so arrived at shall be the number of offices to be reserved for the Scheduled Castes or the Scheduled Tribes, as the case may be; (ii) 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 Backward Classes in the urban areas of the State bears to the total population of such area in the State and if in determining such number of offices, there comes a remainder then it shall be ignored and the number so arrived at, shall be the number of offices to be reserved for the Backward Classes : Provided that the number of offices to be reserved for the backward classes under this clause shall not be more than twenty-seven per cent of the total number of offices in the State; (iii) 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 onethird 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 be the number of offices to be reserved for the women belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes, as the case may be; (iv) 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 (iii) 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. Explanation- 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 Councils or the urban area of all the Nagar Panchayats, as the case may be. (c) In case of the Municipal Councils of the State:- (i) the number of offices determined under item number (i) of sub-clause (b) for the Scheduled Castes including the number of offices determined under item (iii) of the said sub-clause for the women belonging to Scheduled Castes shall be distributed into Divisions as a unit in such manner that the proportion of offices reserved for Scheduled Castes in a Division shall bear the same proportion to the total number of offices in that Division as the population of Scheduled Castes in the urban areas of the Division bear to the total urban population of the Division: Provided that if the proportion of offices determined in such manner for Scheduled Castes to the total number of offices in a Division exceeds the proportion of total number of offices reserved for Scheduled Castes to the total number of offices at the State level, such allotment of the offices in that Division would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Scheduled Castes at the State level remains to be distributed amongst the Divisions of the State, such offices shall be distributed in those Divisions, in descending order, whose proportion of Schedule Caste population to the total urban population of the Division is more than the proportion of Scheduled Castes population in the urban area of the State bear to the total urban population of the State: Provided also that such distribution of offices of Scheduled Castes in the Divisions shall be done one office at a time to one Division; and this cycle shall continue till no such office remains to be distributed; (ii) the number of offices determined under item number (i) of sub- clause (b) for the Scheduled Tribes including the number of offices determined under item (iii) of the said sub-clause for the women belonging to Scheduled Tribes shall be distributed into Divisions as unit in such manner that the proportion of offices reserved for Scheduled Tribes in a Division shall bear the same proportion to the total number of offices in that Division as the population of Scheduled Tribes in the urban area of the Division bear to the total urban population of the Division: Provided that if the proportion of offices determined in such manner for Scheduled Tribes to the total number of offices in a Division exceeds the proportion of total number of offices reserved for Scheduled Tribes to the total number of offices at the State level, such allotment of the offices in that Division would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Scheduled Tribes at the State level remains to be distributed amongst the Divisions of the State, such offices will be distributed in those Divisions, in descending order, whose proportion of Scheduled Tribes population to the total urban population of the Division, is more than the proportion of Scheduled Tribes population in the urban area of the State bears to the total urban population of the State: Provided also that such distribution of offices of Scheduled Tribes in the Divisions shall be done, one office at a time to one Division; and this cycle shall continue till no such office remains to be distributed; iii) the number of offices determined under item number (ii) of sub- clause (b) for the Backward Classes including the number of offices determined under item (iii) of the said sub-clause for the women belonging to Backward Class shall be distributed into Divisions as unit in such manner that the proportion of offices reserved for Backward Classes in a Division shall bear the same proportion to the total number of offices in that Division, as the population of Backward Classes in the urban areas of the Division bear to the total urban population of the Division: Provided that if the proportion of offices determined in such manner for Backward Classes to the total number of offices in a Division exceeds the proportions of total number of offices reserved for Backward Classes to the total number of offices at the State level such allotment of the offices in that Division would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Backward Classes at the State level remains to be distributed amongst the Divisions of the State, such offices shall be distributed in those Divisions, in descending order, whose proportion of Backward Class population to the total urban population of the Division is more than the proportion of Backward Class population in the urban area of the State bear to the total urban population of the State: Provided also that such distribution of offices of Backward Classes in the Divisions shall be done one office at a time to one Division; and this cycle shall continue till no such office remains to be distributed. (d) Subject to sub-clause (b) the number of offices of the Presidents determined under sub-clause (c) for Municipal Councils of a Division shall be allotted to different Municipal Councils in the Division, in the manner that - (i) the Municipal Councils of a Division shall be first arranged in accordance with the percentage of population of the Scheduled Castes in the Division in descending order and the number of offices determined in item (i) of sub-clause (c) for the Scheduled Castes including the number of seats determined under the said sub-clause for the women belonging to the Scheduled Castes, shall be allotted to such Municipal Councils which have the largest percentage of population of the Scheduled Castes in the Division: Provided that such Municipal Councils shall be first allotted to the women belonging to the Scheduled Castes; (ii) the Municipal Councils, excluding those which have been reserved 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 Division, in descending order and the number of offices determined in item (ii) of sub-clause (c) 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 Councils which have the largest percentage of population of the Scheduled Tribes in the Division: Provided that such Municipal Councils shall be first allotted to the women belonging to the Scheduled Tribes; (iii) the Municipal Councils, excluding those which have been reserved under the item (i) and (ii) of this subclause shall then be arranged in accordance with the percentage of population of the Backward Classes in the Division, in descending order and the number of offices determined in item (iii) of sub-clause (c) 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 Councils which have the largest percentage of population of the Backward Classes in the Division: Provided that such Municipal Councils shall be first allotted to the women belonging to the Backward Classes; (iv) the Municipal Councils, excluding those which have been reserved under the item (i), (ii) and (iii) of this subclause shall then be arranged in accordance with the population of the Municipal Councils in the Division, in descending order and the number of offices determined in item (iv) of sub-clause (b) excluding the number of offices determined under the item (iii) of sub-clause (b) for the women, belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes, shall be allotted to such Municipal Councils in the Division: Explanation- For the purposes of item (i), (ii) and (iii) of this sub-clause the arrangement of Municipal Councils in descending order shall be done in the manner that the Municipal Council having the largest percentage of population of the Scheduled Castes, the Scheduled Tribes or the Backward Classes, as the case may be, in the Division shall be placed first and Municipal Council 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 Councils shall be arranged in the like manner, keeping in view the population of the Municipal Councils in the Division: (e) In case of the Nagar Panchayats of the State:- (i) the number of offices determined under item number (i) of sub-clause (b) for the offices of Scheduled Castes including the number of offices determined under item (iii) of the said subclause for the women belonging to Scheduled Castes shall be distributed into Districts as unit in such manner that the proportion of offices reserved for Scheduled Castes in a District shall bear the same proportion to the total number of offices in that District as the population of Scheduled Castes in the urban area of the District bear to the total urban population of the District: Provided that if the proportion of offices determined in such manner for Scheduled Castes to the total number of offices in a District exceeds the proportion of total number of offices reserved for Scheduled Castes to the total number of offices at the State level, such allotment of offices in that District would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Scheduled Castes at the State level remains to be distributed amongst the Districts of the State, such offices will be distributed in those Districts in descending order, whose proportion of Scheduled Caste population to the total urban population of the District is more than the proportion of Scheduled Caste population in the urban area of the State bear to the total urban population of the State: Provided also that such distribution of offices of Scheduled Castes in the Districts shall be done one office at a time to one District; and this cycle shall continue till no such office remains to be distributed. (ii) the number of offices determined under item number (i) of sub- clause (b) for the offices of Scheduled Tribes including the number of offices determined under item (iii) of the said sub-clause for the women belonging to Scheduled Tribes shall be distributed into Districts as unit in such manner that the proportion offices reserved for Scheduled Tribes in a District shall bears the same proportion to the total number of offices in that District as the population of Scheduled Tribes in the urban area of the District bears to the total urban population of the District: Provided that if the proportion of offices determined in such manner for Scheduled Tribes to the total number of offices in a District exceeds the proportion of total number of offices reserved for Scheduled Tribes to the total number of offices at the State level, such allotment of offices in that District would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Scheduled Tribes at the State level remains to be distributed amongst the District of the State, such offices shall be distributed in those Districts in descending order whose proportion of Scheduled Tribes population to the total urban population of the District is more than the proportion of Scheduled Tribes population in the urban area of the State bear to the total urban population of the State: Provided also that such distribution of offices of Scheduled Tribes in the Districts shall be done one office at a time to one District; and this cycle shall continue till no such office remains to be distributed. (iii) the number of offices determined under item number (ii) of sub- clause (b) for the offices of Backward Classes including the number of offices determined under item (iii) of the said sub-clause for the women belonging to Backward Classes shall be distributed into Districts as unit in such manner that the proportion of offices reserved for Backward Classes in the District shall bear the same proportion to the total number of offices in that District as the population of a Backward Class in the urban areas of the District bears to the total urban population of the District: Provided that if the proportion of offices determined in such manner for Backward Classes to the total number of offices in a District exceeds the proportion of total number of offices reserved for Backward Classes to the total number of offices at the State level such allotment of offices in that District would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Backward Classes at the State level remains to be distributed amongst the Districts of the State, such offices shall be distributed in those Districts in descending order, whose proportion of Backward Class population to the total urban population of the District is more than the proportion of Backward Class population in the urban area of the State bears to the total urban population of the State: Provided also that such distribution of offices of Backward Classes in the Districts shall be done one office at a time to one District; and this cycle will continue till no such office remains to be distributed. (f) Subject to sub-clause (b) the number of offices of the Presidents determined under sub-clause (e) for Nagar Panchayats of a District shall be allotted to different Nagar Panchayats in the District, in the manner that - (i) the Nagar Panchayat of a District shall be first arranged in accordance with the percentage of population of the Scheduled Castes in the District in descending order and the number of offices determined in item (i) of sub-clause (e) for the Scheduled Castes including the number of seats determined under the said sub-clause for the women belonging to the Scheduled Castes, shall be allotted to such Nagar Panchayat which have the largest percentage of population of the Scheduled Castes in the District: Provided that such Nagar Panchayat shall be first allotted to the women belonging to the Scheduled Castes; (ii) the Nagar Panchayat, excluding those which have been reserved 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 District, in descending order and the number of offices determined in item (ii) of sub-clause (e) 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 Nagar Panchayat which have the largest percentage of population of the Scheduled Tribes in the District: Provided that such Nagar Panchayat shall be first allotted to the women belonging to the Scheduled Tribes; (iii) the Nagar Panchayat, excluding those which have been reserved 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 District, in descending order and the number of offices determined in item (iii) of sub-clause (e) 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 Nagar Panchayat which have the largest percentage of population of the Backward Classes in the District: Provided that such Nagar Panchayat shall be first allotted to the women belonging to the Backward Classes; (iv) the Nagar Panchayat, excluding those which have been reserved under the item (i), (ii) and (iii) of this sub-clause shall then be arranged in accordance with the population of the Nagar Panchayat in the District, in descending order and the number of offices determined in item (iv) of sub-clause (b) excluding the number of offices determined under the item (iii) of sub-clause (b) for the women, belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes, shall be allotted to such Nagar Panchayat in the District: Explanation- For the purposes of item (i), (ii) and (iii) of this sub-clause the arrangement of Nagar Panchayat in descending order shall be done in the manner that the Nagar Panchayat having the largest percentage of population of the Scheduled Caste, the Scheduled Tribes or the Backward Classes, as the case may be, in the District shall be placed first and Nagar Panchayat 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 subclause the Nagar Panchayat shall be arranged in the like manner, keeping in view the population of the Nagar Panchayat in the District. (g) If on the basis of the population of the Scheduled Castes, the Scheduled Tribes or the Backward Classes in a Municipal Council or Nagar Panchayat - (i) only one office could be reserved for the Scheduled Castes or for the Scheduled Tribes or for the Backward Classes, 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 or for the Backward Classes, the order of allotment of offices referred in sub-clause (d) or (f) shall be so adhered to as if there is no reference in it to the Scheduled Castes or to the Scheduled Tribes or the Backward Classes, as the case may be. (h)The Divisions/Districts wherein the offices of the Presidents of Municipal Councils or Nagar Panchayats, as the case may be 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 election respectively to the person belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes or the women and the offices to the Municipal Councils or Nagar Panchayats in a Division or Districts as the case may be, shall be allotted in the subsequent elections, in the cyclic order in the order referred to in sub-clauses (d) and (f) respectively. Explanation-I It is hereby clarified that the words "any election" and "subsequent election" as occurring in this sub-clause, shall not include and shall be deemed to have never included the elections held, before promulgation of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Ordinance, 2023 (U.P. Ordinance no. 3 of 2023) Explanation-II Notwithstanding any judgment, order or decree of any Court. Tribunal or Authority it is hereby declared that elections held before promulgation of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Ordinance, 2023 (U.P. Ordinance no. 3 of 2023), shall not be deemed to be the "any election" as contemplated under this subsection and the next elections to be held under this section accordingly shall not be deemed to be subsequent election."] 7["(2) Allotment order-(a) Notwithstanding anything contained in the foregoing clauses the State Government shall, 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 Municipalities. (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 considers 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 Municipality."] (2) 8[ * * * * ] (3) Allotment order a) Notwithstanding anything contained in the foregoing clauses the State Government shall, 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 Municipalities. (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 of any, but it shall not be necessary to hear in person on such objections unless the State Government considers 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 atleast 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 Municipality. ] (6) The reservation of seats and offices of the Presidents for the Scheduled Castes and the Scheduled Tribes under this section shall cease to have effect on the expiration 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, Scheduled Tribes, the backward classes and the women from contesting election to unreserved seats and offices. ]

1[ 9-A. (1) In every municipality seats shall be reserved for the 2[Scheduled Castes, the Scheduled Tribes and the backward classes] and the number of seats so reserved shall hear, as nearly as may be the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area 2or of the backward classes in the municipal area bears to the total population of such area sand such seats may be allotted by rotation to different wards in a municipality in such order as may be prescribed by rules: 3[ Provided that the reservation for the backward classes shall not exceed twenty seven per cent of the total number of seats in the municipality ; 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) 4[ * * * * * ] (3) Not less than one-third of the total number of seats reserved under 5[sub-sections (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 in a municipality [including the number of seats reserved under subsection (3)] shall be reserved for women and such seats may be allotted by rotation to different wards in a municipality in such order as may be prescribed by rules. 6[ "(5) The office of the President of the Municipal Councils and Nagar Panchayat shall be reserved and allotted 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 the President - (a) The reservation and allotment of offices of the President under this sub- section, shall be done separately for the Municipal Councils and Nagar Panchayats in the manner hereinafter provided. (b) The number of offices to be reserved - (i) for the Scheduled Castes or for the Scheduled Tribes 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, bears to the total population of such area in the State and if in determining such number of offices, there comes a remainder then, if it is half or less than half of the divisor, it shall be ignored and if it is more than half of the divisor, the quotient shall be increased by one and the number so arrived at shall be the number of offices to be reserved for the Scheduled Castes or the Scheduled Tribes, as the case may be; (ii) 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 Backward Classes in the urban areas of the State bears to the total population of such area in the State and if in determining such number of offices, there comes a remainder then it shall be ignored and the number so arrived at, shall be the number of offices to be reserved for the Backward Classes : Provided that the number of offices to be reserved for the backward classes under this clause shall not be more than twenty-seven per cent of the total number of offices in the State; (iii) 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 onethird 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 be the number of offices to be reserved for the women belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes, as the case may be; (iv) 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 (iii) 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. Explanation- 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 Councils or the urban area of all the Nagar Panchayats, as the case may be. (c) In case of the Municipal Councils of the State:- (i) the number of offices determined under item number (i) of sub-clause (b) for the Scheduled Castes including the number of offices determined under item (iii) of the said sub-clause for the women belonging to Scheduled Castes shall be distributed into Divisions as a unit in such manner that the proportion of offices reserved for Scheduled Castes in a Division shall bear the same proportion to the total number of offices in that Division as the population of Scheduled Castes in the urban areas of the Division bear to the total urban population of the Division: Provided that if the proportion of offices determined in such manner for Scheduled Castes to the total number of offices in a Division exceeds the proportion of total number of offices reserved for Scheduled Castes to the total number of offices at the State level, such allotment of the offices in that Division would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Scheduled Castes at the State level remains to be distributed amongst the Divisions of the State, such offices shall be distributed in those Divisions, in descending order, whose proportion of Schedule Caste population to the total urban population of the Division is more than the proportion of Scheduled Castes population in the urban area of the State bear to the total urban population of the State: Provided also that such distribution of offices of Scheduled Castes in the Divisions shall be done one office at a time to one Division; and this cycle shall continue till no such office remains to be distributed; (ii) the number of offices determined under item number (i) of sub- clause (b) for the Scheduled Tribes including the number of offices determined under item (iii) of the said sub-clause for the women belonging to Scheduled Tribes shall be distributed into Divisions as unit in such manner that the proportion of offices reserved for Scheduled Tribes in a Division shall bear the same proportion to the total number of offices in that Division as the population of Scheduled Tribes in the urban area of the Division bear to the total urban population of the Division: Provided that if the proportion of offices determined in such manner for Scheduled Tribes to the total number of offices in a Division exceeds the proportion of total number of offices reserved for Scheduled Tribes to the total number of offices at the State level, such allotment of the offices in that Division would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Scheduled Tribes at the State level remains to be distributed amongst the Divisions of the State, such offices will be distributed in those Divisions, in descending order, whose proportion of Scheduled Tribes population to the total urban population of the Division, is more than the proportion of Scheduled Tribes population in the urban area of the State bears to the total urban population of the State: Provided also that such distribution of offices of Scheduled Tribes in the Divisions shall be done, one office at a time to one Division; and this cycle shall continue till no such office remains to be distributed; iii) the number of offices determined under item number (ii) of sub- clause (b) for the Backward Classes including the number of offices determined under item (iii) of the said sub-clause for the women belonging to Backward Class shall be distributed into Divisions as unit in such manner that the proportion of offices reserved for Backward Classes in a Division shall bear the same proportion to the total number of offices in that Division, as the population of Backward Classes in the urban areas of the Division bear to the total urban population of the Division: Provided that if the proportion of offices determined in such manner for Backward Classes to the total number of offices in a Division exceeds the proportions of total number of offices reserved for Backward Classes to the total number of offices at the State level such allotment of the offices in that Division would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Backward Classes at the State level remains to be distributed amongst the Divisions of the State, such offices shall be distributed in those Divisions, in descending order, whose proportion of Backward Class population to the total urban population of the Division is more than the proportion of Backward Class population in the urban area of the State bear to the total urban population of the State: Provided also that such distribution of offices of Backward Classes in the Divisions shall be done one office at a time to one Division; and this cycle shall continue till no such office remains to be distributed. (d) Subject to sub-clause (b) the number of offices of the Presidents determined under sub-clause (c) for Municipal Councils of a Division shall be allotted to different Municipal Councils in the Division, in the manner that - (i) the Municipal Councils of a Division shall be first arranged in accordance with the percentage of population of the Scheduled Castes in the Division in descending order and the number of offices determined in item (i) of sub-clause (c) for the Scheduled Castes including the number of seats determined under the said sub-clause for the women belonging to the Scheduled Castes, shall be allotted to such Municipal Councils which have the largest percentage of population of the Scheduled Castes in the Division: Provided that such Municipal Councils shall be first allotted to the women belonging to the Scheduled Castes; (ii) the Municipal Councils, excluding those which have been reserved 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 Division, in descending order and the number of offices determined in item (ii) of sub-clause (c) 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 Councils which have the largest percentage of population of the Scheduled Tribes in the Division: Provided that such Municipal Councils shall be first allotted to the women belonging to the Scheduled Tribes; (iii) the Municipal Councils, excluding those which have been reserved under the item (i) and (ii) of this subclause shall then be arranged in accordance with the percentage of population of the Backward Classes in the Division, in descending order and the number of offices determined in item (iii) of sub-clause (c) 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 Councils which have the largest percentage of population of the Backward Classes in the Division: Provided that such Municipal Councils shall be first allotted to the women belonging to the Backward Classes; (iv) the Municipal Councils, excluding those which have been reserved under the item (i), (ii) and (iii) of this subclause shall then be arranged in accordance with the population of the Municipal Councils in the Division, in descending order and the number of offices determined in item (iv) of sub-clause (b) excluding the number of offices determined under the item (iii) of sub-clause (b) for the women, belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes, shall be allotted to such Municipal Councils in the Division: Explanation- For the purposes of item (i), (ii) and (iii) of this sub-clause the arrangement of Municipal Councils in descending order shall be done in the manner that the Municipal Council having the largest percentage of population of the Scheduled Castes, the Scheduled Tribes or the Backward Classes, as the case may be, in the Division shall be placed first and Municipal Council 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 Councils shall be arranged in the like manner, keeping in view the population of the Municipal Councils in the Division: (e) In case of the Nagar Panchayats of the State:- (i) the number of offices determined under item number (i) of sub-clause (b) for the offices of Scheduled Castes including the number of offices determined under item (iii) of the said subclause for the women belonging to Scheduled Castes shall be distributed into Districts as unit in such manner that the proportion of offices reserved for Scheduled Castes in a District shall bear the same proportion to the total number of offices in that District as the population of Scheduled Castes in the urban area of the District bear to the total urban population of the District: Provided that if the proportion of offices determined in such manner for Scheduled Castes to the total number of offices in a District exceeds the proportion of total number of offices reserved for Scheduled Castes to the total number of offices at the State level, such allotment of offices in that District would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Scheduled Castes at the State level remains to be distributed amongst the Districts of the State, such offices will be distributed in those Districts in descending order, whose proportion of Scheduled Caste population to the total urban population of the District is more than the proportion of Scheduled Caste population in the urban area of the State bear to the total urban population of the State: Provided also that such distribution of offices of Scheduled Castes in the Districts shall be done one office at a time to one District; and this cycle shall continue till no such office remains to be distributed. (ii) the number of offices determined under item number (i) of sub- clause (b) for the offices of Scheduled Tribes including the number of offices determined under item (iii) of the said sub-clause for the women belonging to Scheduled Tribes shall be distributed into Districts as unit in such manner that the proportion offices reserved for Scheduled Tribes in a District shall bears the same proportion to the total number of offices in that District as the population of Scheduled Tribes in the urban area of the District bears to the total urban population of the District: Provided that if the proportion of offices determined in such manner for Scheduled Tribes to the total number of offices in a District exceeds the proportion of total number of offices reserved for Scheduled Tribes to the total number of offices at the State level, such allotment of offices in that District would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Scheduled Tribes at the State level remains to be distributed amongst the District of the State, such offices shall be distributed in those Districts in descending order whose proportion of Scheduled Tribes population to the total urban population of the District is more than the proportion of Scheduled Tribes population in the urban area of the State bear to the total urban population of the State: Provided also that such distribution of offices of Scheduled Tribes in the Districts shall be done one office at a time to one District; and this cycle shall continue till no such office remains to be distributed. (iii) the number of offices determined under item number (ii) of sub- clause (b) for the offices of Backward Classes including the number of offices determined under item (iii) of the said sub-clause for the women belonging to Backward Classes shall be distributed into Districts as unit in such manner that the proportion of offices reserved for Backward Classes in the District shall bear the same proportion to the total number of offices in that District as the population of a Backward Class in the urban areas of the District bears to the total urban population of the District: Provided that if the proportion of offices determined in such manner for Backward Classes to the total number of offices in a District exceeds the proportion of total number of offices reserved for Backward Classes to the total number of offices at the State level such allotment of offices in that District would be restricted to the extent of that proportion: Provided further that if the total number of offices determined for Backward Classes at the State level remains to be distributed amongst the Districts of the State, such offices shall be distributed in those Districts in descending order, whose proportion of Backward Class population to the total urban population of the District is more than the proportion of Backward Class population in the urban area of the State bears to the total urban population of the State: Provided also that such distribution of offices of Backward Classes in the Districts shall be done one office at a time to one District; and this cycle will continue till no such office remains to be distributed. (f) Subject to sub-clause (b) the number of offices of the Presidents determined under sub-clause (e) for Nagar Panchayats of a District shall be allotted to different Nagar Panchayats in the District, in the manner that - (i) the Nagar Panchayat of a District shall be first arranged in accordance with the percentage of population of the Scheduled Castes in the District in descending order and the number of offices determined in item (i) of sub-clause (e) for the Scheduled Castes including the number of seats determined under the said sub-clause for the women belonging to the Scheduled Castes, shall be allotted to such Nagar Panchayat which have the largest percentage of population of the Scheduled Castes in the District: Provided that such Nagar Panchayat shall be first allotted to the women belonging to the Scheduled Castes; (ii) the Nagar Panchayat, excluding those which have been reserved 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 District, in descending order and the number of offices determined in item (ii) of sub-clause (e) 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 Nagar Panchayat which have the largest percentage of population of the Scheduled Tribes in the District: Provided that such Nagar Panchayat shall be first allotted to the women belonging to the Scheduled Tribes; (iii) the Nagar Panchayat, excluding those which have been reserved 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 District, in descending order and the number of offices determined in item (iii) of sub-clause (e) 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 Nagar Panchayat which have the largest percentage of population of the Backward Classes in the District: Provided that such Nagar Panchayat shall be first allotted to the women belonging to the Backward Classes; (iv) the Nagar Panchayat, excluding those which have been reserved under the item (i), (ii) and (iii) of this sub-clause shall then be arranged in accordance with the population of the Nagar Panchayat in the District, in descending order and the number of offices determined in item (iv) of sub-clause (b) excluding the number of offices determined under the item (iii) of sub-clause (b) for the women, belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes, shall be allotted to such Nagar Panchayat in the District: Explanation- For the purposes of item (i), (ii) and (iii) of this sub-clause the arrangement of Nagar Panchayat in descending order shall be done in the manner that the Nagar Panchayat having the largest percentage of population of the Scheduled Caste, the Scheduled Tribes or the Backward Classes, as the case may be, in the District shall be placed first and Nagar Panchayat 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 subclause the Nagar Panchayat shall be arranged in the like manner, keeping in view the population of the Nagar Panchayat in the District. (g) If on the basis of the population of the Scheduled Castes, the Scheduled Tribes or the Backward Classes in a Municipal Council or Nagar Panchayat - (i) only one office could be reserved for the Scheduled Castes or for the Scheduled Tribes or for the Backward Classes, 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 or for the Backward Classes, the order of allotment of offices referred in sub-clause (d) or (f) shall be so adhered to as if there is no reference in it to the Scheduled Castes or to the Scheduled Tribes or the Backward Classes, as the case may be. (h)The Divisions/Districts wherein the offices of the Presidents of Municipal Councils or Nagar Panchayats, as the case may be 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 election respectively to the person belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes or the women and the offices to the Municipal Councils or Nagar Panchayats in a Division or Districts as the case may be, shall be allotted in the subsequent elections, in the cyclic order in the order referred to in sub-clauses (d) and (f) respectively. Explanation-I It is hereby clarified that the words "any election" and "subsequent election" as occurring in this sub-clause, shall not include and shall be deemed to have never included the elections held, before promulgation of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Ordinance, 2023 (U.P. Ordinance no. 3 of 2023) Explanation-II Notwithstanding any judgment, order or decree of any Court. Tribunal or Authority it is hereby declared that elections held before promulgation of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Ordinance, 2023 (U.P. Ordinance no. 3 of 2023), shall not be deemed to be the "any election" as contemplated under this subsection and the next elections to be held under this section accordingly shall not be deemed to be subsequent election."] 7["(2) Allotment order-(a) Notwithstanding anything contained in the foregoing clauses the State Government shall, 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 Municipalities. (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 considers 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 Municipality."] (2) 8[ * * * * ] (3) Allotment order a) Notwithstanding anything contained in the foregoing clauses the State Government shall, 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 Municipalities. (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 of any, but it shall not be necessary to hear in person on such objections unless the State Government considers 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 atleast 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 Municipality. ] (6) The reservation of seats and offices of the Presidents for the Scheduled Castes and the Scheduled Tribes under this section shall cease to have effect on the expiration 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, Scheduled Tribes, the backward classes and the women from contesting election to unreserved seats and offices. ]

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