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[Cites 0, Cited by 139] [Entire Act]

State of Maharashtra - Section

Section 5A in The Mumbai Municipal Corporation Act, 1888

5A. [ Reservation of seats. [Section 5A was inserted by Maharashtra 41 of 1994, Section 6.]

(1)Notwithstanding anything contained in clause (a) of sub-section (1) of section 5 or in section 19, for the purpose of any general election held after the commencement of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 1994, such number of seats out of the total number of seats to be filled in by direct election, shall be reserved for the members belonging to the Scheduled Castes, Scheduled Tribes, Women and the Backward Class of Citizens, as provided in sub-section (2) to (5), both inclusive.
(2)
(a)The number of seats to be reserved for the members belonging to the Scheduled Castes shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in the Corporation as the population of the Scheduled Castes in [Brihan Mumbai] bears to the total population of [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996 (w.e.f. 4.9.1996).];
(b)[one-half] [These words were substituted for the words 'on-third' by Maharashtra 20 of 2011, Section 2(1)(a), (w.e.f. 21-4- 2011).] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes:
Provided that, where only one seat is reserved for the Scheduled Castes, then no seat shall be reserved for women belonging to the Scheduled Castes [* * *] [The words 'and where only two seats are reserved for the Scheduled Castes, one of the two seats shall be reserved for women belonging to the Scheduled Castes' were deleted by Maharashtra 20 of 2011, Section 2(1)(b), (w.e.f. 21-4-2011).].
(3)
(a)The number of seats to be reserved for the members belonging to the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in the Corporation as the population of the Scheduled Tribes in [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996 (w.e.f. 4.9.1996).] bears to the total population of [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996 (w.e.f. 4.9.1996).];
(b)[one-half] [These words were substituted for the words 'one-third' by Maharashtra 20 of 2011, Section 2(2), (w.e.f. 21-4-2011).] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Tribes:
Provided that, where only one seat is reserved for the Scheduled Tribes, then no seat shall be reserved for women belonging to the Scheduled Tribes, [* * * *] [The words 'and where only two seats are reserved for the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Tribes' were deleted by Maharashtra 20 of 2011, Section 2(2)(b), (w.e.f. 21-4-2011).]
(4)
(a)[Twenty-seven per cent] [These words were substituted for the words 'as nearly as may be twenty-seven per cent' by Maharashtra 12 of 1997, (w.e.f. 31.5.1994).] seats out of the total number of seats to be filled in by direct election shall be reserved for the members belonging to the Backward Class of citizens;
(b)[one-half] [These words were substituted for the words 'one-third' by Maharashtra 20 of 2011, Section 2(2), (w.e.f. 21-4-2011).] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Backward Class of citizens.
(5)[one-half] [These words were substituted for the words 'one-third' by Maharashtra 20 of 2011, Section 2(2), (w.e.f. 21-4-2011).] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Class of citizens) of the total number of seats to be filled in by direct election shall be reserved for women.
(6)The seats reserved under sub-sections (2), (3), (4) and (5) shall be allotted by the State Election Commissioner by rotation to different wards.
(7)The reservation of seats under sub-sections (2) and (3) for the Scheduled Castes and the Scheduled Tribes other than the reservation for women in sub-section (5), shall cease to have effect after the period specified in Article 334 of the Constitution of India.][Duration of the Corporation: Term of Office of Councillors: Casual Vacancies, etc.] [Heading substituted by Maharashtra 41 of 1994, Section 7.]