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State of Assam - Section

Section 6 in Assam Panchayat (Constitution) Rules, 1995

6. Delimitation of the Constituencies in a Gaon Panchayat.

(1)The Deputy-Commissioner or the Sub-Divisional Officer, as the case may be, shall immediately after declaration of a Gaon Panchayat under sub-section (1) of Section 5 of the Act, delimit the number of constituencies as per sub- section (2) of Section 6 of the Act and delimit each such constituency on the basis of household numbers in the manner that no household is split.
(2)Reservation of constituencies for the Scheduled Castes and the Scheduled Tribes respectively, in a Gaon Panchayat area shall be decided on the basis of proportion as provided under subsection (1) of Section 9 of the Act by the concerned Deputy Commissioner or the Sub-Divisional Officer as the case may be. While calculating the number of seats to be so reserved, if the result bears any fraction which is 5 or more it shall be rounded off to the next higher integer and if it less than 5 then it shall be ignored. In making reservation of the required number of constituencies for the Scheduled Tribes in a Gaon panchayat area, the constituencies with the higher number of Scheduled Castes or Scheduled Tribes population as the case may be, shall be reserved first and soon in order of such population in the descending order. The notice for reservation -of the Scheduled Castes and Scheduled Tribes constituencies shall be published on or before seven clear days from the date of submission of nominations. The copies of such notice shall be fixed respectively in the Gaon Panchayat Office and the Block Development Office concerned:Provided that reservation of constituencies for Scheduled Castes or Scheduled Tribes as the case may be under this provision shall be allotted by rotation to different Constituencies having Scheduled Castes and Scheduled Tribes population in the descending order of such population as provided here-in-above.
(3)Determination of Constituencies Reserved for Women. - Reservation of constituencies for Women in a Gaon Panchayat area shall be decided on the basis of proportion as under sub-section (3) of Section 9 of the Act, by the Deputy Commissioner or the Sub Divisional Officer as the case may be, by drawing lots before the date of issue of notification calling for nominations and names of such reserved constituencies shall be notified by the Deputy Commissioner or the Sub-Divisional Officer as the case may be, before seven clear days from the date of submission of nomination. The' copies of such notice shall be fixed at the office of the Block Development Officer and at the Gaon Panchayat office concerned.
(4)
(a)Number of the Offices of the Chairpersons of Gaon Panchayats to be reserved for the Scheduled Castes or the Scheduled Tribes as the case may be, under subsection (4) of Section 9, shall bear the same proportion of total number of such offices in the Gaon Panchayat of the Districts as the proportion of Scheduled Castes and the Scheduled Tribes as the case may be, of the district bears to the total population of the district. The concerned Deputy Commissioner of the district shall determine the Offices of Chairpersons to be so reserved. While calculating the number of Offices to be so reserved, if the result bears any fraction which is 5 or more it shall be rounded off to the next higher integer and if it is less than 5 then it shall be ignored. In selecting the Gaon Panchayats for reservation of the Offices of Chairpersons for the Scheduled Castes and Scheduled Tribes, the Gaon Panchayat with the highest number of Scheduled Castes and the Scheduled Tribes population, as the case may be, shall be reserved first and so on in order of such population in the descending order:
Provided that such reservation of the Offices of Chairpersons shall be allotted by rotation among the Gaon Panchayats having Scheduled Castes and Scheduled Tribes population in the descending order of such population as provided here-in-above;
(b)Out of the total Offices of Chairpersons to be reserved for the Scheduled Castes or the Scheduled Tribes as the case may be, ,in the District, not less than 33% of such Offices shall be reserved for women of Scheduled Castes and Scheduled Tribes. The Gaon Panchayats to be so reserved for women of Scheduled Castes and Scheduled Tribes shall be determined by drawing of lot by the Deputy Commissioner of the District concerned and shall be allotted by rotation;
(c)The Gaon Panchayat reserved for women Chairpersons under sub-section (4) of Section 9 of the Act shall not be less than 33% of the total number of Gaon Panchayats in the District including the seats reserved for women of the Scheduled Castes and the Scheduled Tribes and such reservation shall be determined by the concerned Deputy Commissioner by drawing of lot and shall be allotted by rotation;
(d)For lottery of seats for women reservation the representatives of all recognised Regional and National Political Parties shall be taken into confidence:
(e)The notice for reservations under this sub-rule shall be published on or before seven clear days from the date of submission of nominations. The copies of such notice shall be fixed respectively in the Goon Panchayat Office and the Block Development Office concerned.
The offices of the Vice-President of Gaon Panchayat shall be reserved in the same manner as prescribed for reservation of the President as laid down under, sub-rule (4) of rule 6 of these rules:Provided that the offices of Vice-President of Gaon Panchayat shall not be reserved for persons belonging to Scheduled Castes or Scheduled Tribes in which the offices of the President of Gaon Panchayat have already been reserved for the Scheduled Castes or Scheduled Tribes as the case may be, such reservation of offices of Vice-President of Gaon Panchayat shall be done with, the highest number of Scheduled Castes or Scheduled Tribes population as the case may be, in descending order, after excluding the Gaon Panchayat in which the office of the President has already been reserved on the basis of highest number of Scheduled Castes or Scheduled Tribes population.
(5)Determination of the Office for President and Vice-President of Gaon Panchayat for people belonging to Scheduled, Castes and Scheduled Tribes. - Reservation of Offices of President and Vice-President of Gaon Panchayat for the people belonging to the Scheduled Castes and Scheduled Tribes on the basis of proportion in the District as under clause (b) of sub-section (2) of Section 10 of the Act, shall be decided by the Deputy Commissioner by means of drawing-of lots before the date of issue of notification calling for nominations and the names of such reserved Gaon Panchayat for election of the Offices of President and the Vice-President shall be notified by the Deputy Commissioner before seven clear days notice from the date of submission of nominations. The copies of such notice shall be fixed at the Offices of the Deputy Commissioner and Sub-Divisional Officer and the Block Development Officer and the Offices of Gaon Panchayat concerned.