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State of Madhya Pradesh - Section

Section 6 in The M.P. Panchayat Nirvachan Niyam, 1995

6. Reservation of Constituencies.

(1)Subject to the provisions of Section 23 in the case of Janpad Panchayat and Section 30 in case of Zila Panchayat, the constituencies in which seats shall be reserved for the members of Scheduled Castes, Scheduled Tribes, Other Backward Classes and women shall be determined :[Provided that in the Scheduled areas the seats for Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be reserved in accordance with the provision of Section 129-E of the Act.] [Inserted by Notification No F-1-40-95-XXII-P-2, dated 12-4-1999.]
(2)The total number of seats to be reserved for Scheduled Castes, or Scheduled Tribes shall be in proportion to the total population of such caste and tribe with the total population of Janpad Panchayat or Zila Panchayat as the case may be. Fraction less than half shall be ignored and half or more than half shall be counted as one.
(3)[ Seats reserved cither for the Scheduled Castes or the Scheduled Tribes shall, as far as practicable, be allotted in the constituencies in which the percentage of population of the Scheduled Castes or the Scheduled Tribes, as the case may be, worked out by Collector is found by_ him to be correspondingly higher in descending number :Provided that in Scheduled areas, at first instance, reservation of seats for Scheduled Tribes shall be determined in accordance with the provisions of sub-rule (3) and if any short fall remains, remainder seats reserved for Scheduled Tribes shall be determined by drawing of lots and by rotation.] [Substituted by Notification No F-1-40-95-XXII-P-2, dated 12-4-1999.]
(4)In a Janpad and Zila Panchayat where fifty per cent or less than fifty per cent seals have been reserved for Scheduled Castes and Scheduled Tribes, twenty five per cent of the total number of seas shall be reserved for Other Backward Classes and such seats shall be allotted by the Prescribed Authority in the constituencies excluding the constituencies reserved for the Scheduled Castes and Scheduled Tribes by rotation and drawal of lots :[Provided that a Zila Panchayat or Janpad Panchayat, as the case may be, in Scheduled Areas such number of seats shall be reserved for persons belonging to Other Backward Classes, which together with the seats, already reserved for Scheduled Castes and Scheduled Tribes, if any, shall not exceed three-fourth of all the seats in Scheduled areas of that Zila Panchayat or Janpad Panchayat, as the case may be, by rotation and drawing of lots.] [Inserted by Notification No F-1-40-95-XXII-P-2, dated 12-4-1999.]
(5)Out of the constituencies reserved for women under Section 23 in case of Janpad Panchayat and Section 30 in case of Zila Panchayat, such number of constituencies shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and/or Other Backward Classes as may bear, as nearly as may be, the same proportion to the total number of constituencies reserved for women as the total number of seats reserved for Scheduled Castes, Scheduled Tribes and/or Other Backward Classes bears to the total number of constituencies in a Janpad Panchayat or Zila Panchayat as the case may be. Seats for women belonging to Scheduled Castes, Scheduled Tribes and/or Other Backward Classes shall be allotted from out of the constituencies reserved for such castes, tribes, and/or Backward Classes. Seats belonging to women of general category shall be allotted from the remaining constituencies.
(6)
(a)The prescribed authority shall, for the purpose of fixing the constituencies in which seats shall be allotted under sub rules [x x x] [Omitted by Notification No. F-1-40-95-XXII-P-2, dated 12-4-1999.] (4) and (5) draw lots separately for the constituencies reserved for [x x x] [Omitted by Notification No. F-1-40-95-XXII-P-2, dated 12-4-1999.] Other Backward Classes and for women.
(b)The prescribed authority shall, for the purpose of allotting the constituencies, publish a notice stating that the lots shall be drawn in the office to be named in such notice and on the date and at the time specified therein before the persons who arc present to witness the drawal of lots. Such notice shall be published at the places specified in sub-rule (5) of Rule 5.
(c)For the purpose of allotting the constituencies for women, separate chits shall be prepared for general constituencies and constituencies reserved for Scheduled Castes, Scheduled Tribes and/or Other Backward Classes, giving the number of constituencies on each such chit. Chits of each of such category shall be kept in separate pots and such number of chits shall be drawn from each pot as may be required for women belonging to that category and the number of constituencies written on the chit shall be read out before the persons witnessing the draw.
(d)The proceeding shall be recorded in writing and signed by the prescribed authority. Signatures of atleast two non-official persons witnessing the drawal of lots shall also be obtained on such proceeding. Their names and addresses shall be written below their signatures.
(e)[ For the categories of seats which are to be reserved by drawing of lots and by rotation, in subsequent general election of Zila Panchayat or Janpad Panchayat, as the case may be, the constituencies previously reserved shall be excluded from drawing lots, for that category till such constituencies are not exhausted.] [Substituted by Notification No. F-1-40-95-XXII-P-2, dated 12-4-1999.]