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State of Jharkhand - Section

Section 16 in Jharkhand Municipal Act, 2011

16. Constitution of Council.

(1)All the seats specified in clause 2 (a) of section 15 shall be filled by direct elections, and for this purpose, each municipal area shall be divided into territorial constituencies referred as Wards.
(2)
(a)In every Council , as nearly as possible but not exceeding fifty percent of the total seats of elected members shall be reserved for
(i)Scheduled Castes,
(ii)Scheduled Tribes,
(iii)Backward Classes, and
(iv)Women
The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall as nearly as possible be the same proportion to the total number of seats to be filled up by direct election in that municipality as the population of the Scheduled Castes and Scheduled Tribes as the case may be bears to the total population of the municipality and such seats shall be allotted by rotation to different wards in the municipality under the direction, control and supervision of the State Election Commission in the manner prescribed by it.After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be such number of seats within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in the manner prescribed. Such seats shall be allotted by rotation to different wards in the municipality during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it;
(b)As nearly as possible but not exceeding fifty percent of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be;
(c)As nearly as possible but not exceeding fifty percent of the total number of the seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.
(d)Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category shall be allotted by rotation under the direction, control and supervision of the State Election Commission to different wards in a municipality in such manner as may be prescribed by it;
Explanation. - For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of seats for the Scheduled Castes, Scheduled Tribes, Backward Classes and Women under this sub-section shall commence from the first election held after the commencement of this Act:Provided that the State Government shall undertake a review every ten years in the matter relating to reservation of offices under clause (a) sub-section (2):Provided further that the reservation of offices under clause (a) sub-section (2) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India.
(3)Every member elected under clause (a) of sub-section (2) of section 15 shall have the right to vote in the meetings of the Council.
(4)The Council shall, unless dissolved earlier, continue for a period of five years from the date of its first meeting after the general election and no longer.
(5)An election to constitute a Council shall be completed, as the case may be,
(a)before the expiry of the period specified in sub-section (4), or
(b)before the expiry of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Council would have continued is less than six months, it shall not be necessary to hold an election for constituting the Council for such period.
(6)The Council constituted upon its dissolution before the expiration of the period specified in sub-section (4) shall continue only for the remainder of the period for which the dissolved Council would have continued under sub-section (4) had it not been so dissolved.
(7)In a municipal area newly constituted, the local authority having jurisdiction over such area immediately before such area was constituted as a municipal area, shall continue to have jurisdiction and to perform its functions till such time, not exceeding six months from the date of the notification under section 6, as may be necessary for holding elections.
(8)If, for any reason, it is not possible to hold the general election of a Council before the expiry of the period of five years specified in sub-section (4), the Council shall stand dissolved on the expiration of the said period, and all the powers and functions vested in the municipal authorities under this Act or under any other law for the time being in force shall be exercised or performed, as the case may be, by such person or persons to be designated as Administrator or Board of Administrators as the State Government may, by notification, appoint.