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[Section 19]
[Entire Act]
State of West Bengal - Subsection
Section 19(5) in The West Bengal Panchayat Elections Act, 2003
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Reservation of seats for office bearers ofGram PanchayatandPanchayat Samiti.- (1) Offices of the 'Pradhan' and 'Upa-pradhan' inGram Panchayats in a district shall be reserved for the Scheduled Castes and the Scheduled Tribes by rotation in such manner as may be prescribed and the number of the offices so reserved shall bear, as nearly as may be, the same proportion with the total number of the offices of the 'Pradhan' or the 'Upa-Pradhan', as the case may be, in the district as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in all the Blocks within the district bears with the total population in the same area.(2) Not less than one-third of the total number of offices reserved under sub-section (1) shall be reserved by rotation in such manner as may be prescribed, for Women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be.(3) Not less than one-third of the total number of offices, including the seats reserved for Women belonging to the Scheduled Castes and the Scheduled Tribes under sub-section (2) shall be reserved for Women by rotation in such manner, as may be prescribed.(4) For the purpose of reservation under sub-sections (1), (2) and (3) preference shall be given to reservation of the offices of thePradhanand after such reservation, offices of theUpa-Pradhanshall not be reserved in the sameGram.(5) Notwithstanding anything contained elsewhere in this Act, if in a district, for any term of election, the number of offices of theUpa-Pradhan, available for reservation after exclusion of theGramswhere offices of thePradhanhave been reserved for that term of election, is less than the number of offices determined under sub-section (1) or sub-section (2), or sub-section (3), such number of offices of theUpa-Pradhanas are available for reservation shall be reserved for that term of election, and the number of offices determined under sub-section (1) or sub-section (2) or sub-section (3), as the case may be, shall be deemed to be redetermined accordingly.(6) Offices of the 'Sabhapati' and the 'Sahakari Sabhapati' inPanchayat Samitis in a district shall be reserved for the Scheduled Castes and the Scheduled Tribes by rotation in such manner, as may be prescribed, and the number of the offices so reserved shall bear, as nearly as may be, the same proportion with the total number of the offices of theSabhapatiand the 'Sahakari Sabhapati', as the case may be, in the district as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in all the Blocks within the districts bears with the total population in the same area.(7) Not less than one-third of the total number of offices, reserved under sub-section (6), shall be reserved by rotation in such manner as may be prescribed, for Women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be.(8) Not less than one-third of the total number of offices including the seats reserved for Women belonging to the Scheduled Castes or Scheduled Tribes under sub-section (7) shall be reserved for Women by rotation in such manner as may be prescribed.(9) For the purpose of reservation under sub-sections (6), (7) and (8) preference shall be given to reservation of the offices of theSabhapatiand after such reservation, offices of theSahakari Sabhapatishall not be reserved in the same Block.(10) Notwithstanding anything contained in this Act, if in a district for any term of election, the number of offices ofSahakari Sabhapati, available for reservation after exclusion of the Blocks where offices of theSabhapatihave been reserved for that term of election, is less than the number of offices determined under sub-section (6) or sub-section (7) or sub-section (8), such number of offices of theSahakari Sabhapatias are available for reservation shall be reserved for that term of election, and the number of offices determined under sub-section (6) or sub-section (7) or sub-section (8), as the case may be, shall be deemed to be redetermined accordingly.Explanation. - A member of the Scheduled Castes or Scheduled Tribes or Women shall not be disqualified to hold an office of the 'Pradhan' 'Upa-Pradhan' 'Sabhapati' or 'Sahakari Sabhapati' not reserved for the Scheduled Castes, Scheduled Tribes or Women, as the case may be, if such member is otherwise qualified to hold such office under this Act.19. Reservation of office bearers ofZilla ParishadorSiliguri Mahakuma Parishad.- (1) Offices of the 'Sabhadhipati' and 'Sahakari Sabhadhipati' ofZilla Parishadsor theSiliguri Mahakuma Parishadshall be reserved for the Scheduled Castes and the Scheduled Tribes by rotation in such manner, as may be prescribed, and the number of offices so reserved shall bear, as nearly as may be, the same proportion with the total number of the offices of theSabhadhipatiand theSahakari Sabhadhipatiin the State as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in the Blocks under the jurisdiction of allZilla Parishads and theSiliguri Mahakuma Parishadwithin the State bears with total population in the same area.(2) Not less than one-third of the total number of offices, reserved under sub-section (1), shall be reserved by rotation in such manner as may be prescribed, for Women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be.(3) Not less than one-third of the total number of offices including the seats reserved for Women belonging to the Scheduled Castes and the Scheduled Tribes under sub-section (2) shall be reserved for Women by rotation in such manner, as may be prescribed.(4) For the purpose of reservation under sub-sections (1), (2) and (3) preference shall be given to reservation of the offices of theSabhadhipatiand after such reservation, offices of theSahakari Sabhadhipatishall not be reserved in the sameZilla Parishador theSiliguri Mahakuma Parishad, as the case may be.(5) Notwithstanding anything contained in this Act, if in a district, for any term of election, the number of offices of theSahakari Sabhadhipati, available for reservation after exclusion of theZilla Parishads or theSiliguri Mahakuma Parishad, as the case may be, where offices of theSabhadhipatihave been reserved for that term of election, is less than the number of offices determined under sub-section (1) or sub-section (2) or sub-section (3), such number of offices of theSahakari Sabhadhipatias are available shall be reserved for that term of election, and the number of offices determined under sub-section (1) or sub-section (2) or sub-section (3), as the case may be, shall be deemed to be redetermined accordingly.Explanation. - A member of the Scheduled Castes or the Scheduled Tribes or Women shall not be disqualified to hold an office of theSabhadhipatiorSahakari Sabhadhipatinot reserved for the Scheduled Castes, Scheduled Tribes or Women, as the case may be, if such member is otherwise qualified to hold such office under this Act. |