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[Cites 0, Cited by 5] [Section 16] [Entire Act]

State of Odisha - Subsection

Section 16(3) in The Orissa Panchayat Samiti Act, 1959

(3)[ The members of the Samiti elected under [Clause (b)] [Substituted vide Orissa Act No. 5 of 1993 (O.G.E. No. 438 dated 26.3.1993).], of Subsection (1) shall elect, in the prescribed manner, from among themselves-
(a)the Chairman of the Samiti at their first meeting [which shall be convened within twenty-two days, but not before the expiry of seven days, from the date of publication of their names under Sub-section (6)] [Inserted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 28.5.2001.)]; and
(b)the Vice-Chairman of the Samiti at a meeting convened for that purpose within thirty days from the date of election of the Chairman under Clause (a) :
Provided that in the case of every Samiti of which the Chairman elected in accordance with this Sub-section or nominated under Section 45-C is not a woman the office of the Vice-Chairman in respect of that Samiti shall be deemed to have been reserved for women.][(3-a) Notwithstanding anything to the contrary in Sub-section (1)-
(i)offices of Chairman in Samitis shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes and the Scheduled Tribes respectively in the State bears to the total population of the State :
[Provided that in the Scheduled Areas, officers of Chairman of all the Samitis shall be reserved for the Scheduled Tribes.] [Inserted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dated 18.4.1994).]
(ii)[ as nearly as may be, but not less than, one-third of the total number of offices of Chairmen reserved under Clause (i) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes; [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 28.5.2001.)]
(ii-a) as nearly as may be, twenty-seven percentum of the offices of Chairman in Samitis shall also be reserved in favour of backward class of citizens as referred to in Clause (6) of Article 243-D of the Constitution;(ii-b) as nearly as may be, one third of the total number of offices of Chairman reserved under clause (ii-a) shall be reserved for women belonging to the backward class of citizens; and(ii-c) as nearly as may be, but not less than, one-third (including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward class of citizens) of the total number of offices of Chairman in Samitis shall be reserved for women; and]
(iii)[ reservation of offices of Chairman under this Sub-section shall be made by the Collector by rotation among different Samitis and, for that purpose, the procedure of reservation as provided for the members Of the Samiti in Sub-section (2-A) shall, as far as may be, be applicable.] [Substituted vide Orissa Act No. 20 of 1995 (O.G.E. No. 1447 dated 21.12.1995).]
(3-b) The reservation of seats under Clauses (a) and (b) of Sub-section (2) and the reservation of offices of Chairman (other than the reservation for woman [and backward class of citizens] [Inserted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 28.5.2001.)]) under Sub-section (3-a) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution;][(3-c) Notwithstanding anything contained in this section, the Government may nominate to a Samiti in the Scheduled Areas persons belonging to such Scheduled Tribes as have no representation in the Samiti:Provided that such nomination shall not exceed one-tenth of the total members to be elected under Clause (b) of Sub-section (1).] [Inserted vide Orissa Act No. 16 of 1997 (O.G.E. No. 1565 dated 22.12.1997).]