Section 67 in The Orissa Municipal Delimitation of Wards, Reservation of Seats and Conduct of Election Rules, 1994
67. Reservation of officer of the Chairperson of the Municipality by rotation.
(1)For the purpose of election to the Municipalities for the first time after the Orissa Municipal (Amendment) Act, 1994 (Orissa Act 11 of 1994) comes into force, the number of offices of Chairpersons of the Municipalities in the State to be reserved for the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women shall be determined in accordance with Sub-section (3) of Section 47 of the Act. After determining the total number for reservation of offices of the Chairperson of the Municipalities in the State for Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women, [the reservation of offices of the Chairperson for the Scheduled Castes, Scheduled Tribes and for their women] [Substituted vide Notification No.7141, Legislative-I-26/95 H.U.D. Dated 7.3.96. O.G.E. No. 248 Dated 7.3.1996.] shall be assigned to different Municipalities, in descending order of the percentage of the respective population to the total population in each Municipality. If a Municipality qualifies at a particular general election for reservation for both Scheduled Tribes for the office of the Chairperson on the basis of the said principle, the office of the Chairperson shall be reserved for Scheduled Castes or Scheduled Tribes, as the case may be, whose population in terms of percentage of population is higher.[(1-A) Subject to the directions, if any, issued by the Governor under sub-paragraph (1) of paragraph 5 of the Fifth Schedule to the Constitution of India, out of the Municipalities left after reservation of offices of the Chairpersons for the Scheduled Castes, Scheduled Tribes and their women the reservation of required number of offices of the Chairpersons for the members of the Backward Class of citizens including their women in the Municipalities shall be made until the required quota is completed. The reservation of offices of Chairpersons for women belonging to Backward Class of citizens shall be made from out of the Municipalities reserved for such class of citizens keeping in view the percentage of women population to the total population of the Municipality.] [Inserted vide Notification No.7141, Legislative-I-26/95 H.U.D. Dated 7.3.96. O.G.E. No. 248 Dated 7.3.1996.].(2)The reservation and assignment of Municipalities for Scheduled , Castes, Scheduled Tribes, Backward Class of citizen and women in subsequent erection shall be made [* * *] [Omitted vide Notification No.7141, Legislative-I-26/95 H.U.D. Dated 7.3.96. O.G.E. No. 248 Dated 7.3.1996.].(3)Reservation of offices of the Chairpersons of the Municipalities for the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women shall be made and assigned to the category to which the particular Municipality would have been entitled by taking all Municipalities into consideration in accordance with Sub-rule (1) of this rule, notwithstanding of the functioning of the nominated Councils immediately before commencement of these rules.(4)[ The required number of offices of Chairpersons in the Municipalities in the State shall be reserved for women in the following manner, namely :(a)In computing total number of offices of Chairpersons for reservation for women as required under Sub-section (3) of Section 47 of the Act, the offices of Chairpersons reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Class of citizens shall be taken into account;(b)Reservation of offices of Chairpersons for women belonging to Scheduled Castes shall be made at the first instance then for the Scheduled Tribes and then for the Backward Class of citizens; and(c)Out of the Municipalities left after reservation for the offices of the Chairpersons for the Scheduled Castes, Scheduled Tribes and Backward Class of citizens including their women, the offices of Chairpersons in the Municipalities shall be reserved for women in descending order of the percentage of the women population to the total population in each Municipalities.(5)For reservation of the offices of Chairpersons under Sub-section (3) of Section 47, the State Government shall cause to be published a notification in the official gazette showing reservation of the offices of the Chairpersons of the Municipalities for Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women after inviting objections and suggestions from all persons interested to be filed before the State Government within a period of fifteen days from the date of such notification. Copy of such notification inviting objections and suggestions shall be sent to the District Magistrate for wide circulation by publishing it in the Notice Board (s) of his office and office of the Municipality.(6)The State Government after considering the objections and suggestions received within the specified period in respect of the notification issued under Sub-rule (5), shall publish the reservation of offices of Chairpersons under Sub-section (4) of Section 47.(7)The reservation of the offices of the Chairpersons of the Municipalities shall be communicated to the Election Commission.] [Inserted vide Notification No.7141, Legislative-I-26/95 H.U.D. Dated 7.3.96. O.G.E. No. 248 Dated 7.3.1996.]
