Section 7 in Assam Panchayat (Constitution) Rules, 1995
7. Delimitation of Constituencies of An Anchalik Panchayat.
(1)The Deputy Commissioner or the Sub-Divisional Officer as the case may be, immediately after declaration of an Anchalik Panchayat by the State Government by Notification as under sub-section (1) of Section 31 of the Act, sha11 delimit the constituencies as per sub-section (1) of Section 32 of, the Act, the basis of which shall be as under Rule 6 of these rules.(2)(a)The number of seats to be reserved in a Anchalik Panchayat for the Scheduled Castes and the Scheduled Tribes for direct election shall be determined in the proportion as provided under sub-section (1) of Section 34 of the Act, by the Deputy Commissioner of the concerned District. In determining the number of seats to be so reserved, if the result bears a fraction which is 5 or more it shall be rounded off to the next higher integer and if it is less than 5 it shall be ignored. In selecting the Gaon Panchayats for reservation under this provision; the Gaon Panchayat with the highest number of Scheduled Castes or Scheduled Tribes population, as the case may be, shall be reserved first and so on in order of such population in the descending order :Provided that reservation of the Gaon panchayats under this provision shall be allotted by rotation among the Gaon Panchayats having Scheduled Castes and Scheduled Tribes population in the descending order of such population as provided here-in-above;(b)Out of the total seats reserved under clause (a) above, not less than 33% of the number of Gaon Panchayats so reserved for the member of Anchalik Panchayat belonging to Scheduled Castes or Scheduled Tribes in the District, shall be reserved for women of Scheduled Castes or Scheduled Tribes as the case may be, and shall be determined by the Deputy Commissioner of the District concerned by drawing of lot and shall be allotted on rotation:Provided that such reservation shall be done on rotation among the Gaon Panchayats having Scheduled Castes or Scheduled Tribes population(c)The seats reserved for the women member to Anchalik Panchayat of the District shall not less then 33% of the total number of seats including the seats reserved for women Scheduled Castes or Scheduled Tribes and such reservation shall be determined by the concerned Deputy Commissioner by drawing of lot and shall be allotted by rotation;(d)For lottery of seats for women reservation, the representative of all recognized regional and national political parties shall be taken into confidence.(e)The notice for reservations under this sub-rule shall be published by the Deputy Commissioner no or before seven clear days from the date of submission of nominations. The copies of such notice shall be fixed in the Office of the Gaon Panchayat and the Block Development Officer concerned.(f)The offices of the Vice-President of Anchalik Panchayat shall be reserved in the same manner as prescribed for reservation of the President as laid down under Rule-7 of these rules:Provided that the Offices of the Vice-President of Anchalik Panchayat shall not be reserved for the person belonging to Scheduled Castes or Scheduled Tribes in which the offices of the President of Anchalik Panchayat has already been reserved for Scheduled-castes or Scheduled Tribes as the case may be. Such reservation of offices of Vice President of Anchalik Panchayat shall be done With the highest number of Scheduled Castes of Scheduled Tribes population as the case may be, in descending order, after excluding the Anchalik Panchayat in which the offices of President has already been reserved on the basis of highest number of Scheduled Castes or Scheduled Tribes population.(3)(a)Such number of Offices of the President and Vice President of the Anchalik Panchayats in the district shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes as the case may be, as may be determined by the concerned Deputy Commissioner on the basis of the proportion as provided under clauses (a) and (b) of sub-section (1) of Section 38 to the Act. In determining the number of seats to be so reserved, if the result bears a fraction which is '5' or more it shall be rounded off to the next higher integer and if it is less then '5' it shall be ignored. In selecting the Anchalik Panchayats for reservation under this provision, the Anchalik Panchayat with highest number of Scheduled Castes and Scheduled Tribes population as the case may be, shall be reserved first and so on in order of such population in the descending Order:Provided that such reservation shall be done on rotation among the Anchalik Panchayats having the Scheduled Castes and Scheduled Tribes population in the descending order of such population.(b)Out of the total seats reserved under Cause (a) above, not less than 33% of the offices of the Presidents and the Vice-Presidents shall be reserved for women of Scheduled Castes and Scheduled Tribes. The seats to be reserved for women of Scheduled Castes and Scheduled Tribes shall be determined by the concerned Deputy Commissioner of the district by drawing of lot from amongst the seats reserved for the Scheduled Castes and the Scheduled Tribes and shall be allotted by rotation;(c)Not less than 33% of the total, number of Offices of the President and Vice-President of Anchalik Panchayat in a district including the officers reserved for the women of Scheduled Castes or Scheduled Tribes as the case may be shall be reserved for women and such reservation shall be determined by drawing of lot by the concerned Deputy Commissioner and allotted by rotation;(d)For lottery of seats for women reservation, the representatives of all recognised Regional and National Political parties shall be taken into confidence;(e)The notice for reservation under this sub-rule shall be published by the Deputy Commissioner on or before such clear days from the date of submission of nomination. The copies of such notice shall be fixed in the office of the Deputy Commissioner and the Block Development Officer concerned.
