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State of Bihar - Section

Section 38 in The Bihar Panchayat Raj Act, 2006

38. Reservation of Seats.

(1)In every Panchayat Samiti, as nearly as but not exceeding fifty percent of the total seats of the member of Panchayat Samiti shall be reserved for
(a)Scheduled Castes;
(b)Scheduled Tribes; and
(c)Backward Classes.
The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall bear as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Panchayat Samiti as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Panchayat Samiti by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner [After two consecutive general elections] [Inserted vide Section 6 of Amdt. Act 10 of 2009.].After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes taken together and shall be allotted to the remaining constituencies by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a Panchayat Samiti by the District Magistrate during subsequent elections [After two consecutive general elections] [Inserted vide Section 6 of Amdt. Act 10 of 2009.] under the direction, control and supervision of the State Election Commission in the manner prescribed by it.
(2)As nearly as but not exceeding fifty percent of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.
(3)As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.
(4)Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different constituencies in a Panchayat Samiti in such manner as may be prescribed [After two consecutive general elections] [Inserted vide Section 6 of Amdt. Act 10 of 2009.] by it.[Explanation.-For the removal of doubts it is, hereby, declared that the principle of rotation for the purpose of reservation of offices for the Scheduled Castes, Scheduled Tribes, Backward Classes, Women of Backward Classes and Women of unreserved category under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act, 2006.] [Substituted vide Section 6 of Amdt. Act 10 of 2009.]