Section 18 in The West Bengal Panchayat Elections Act, 2003
18. [ Reservation of seats ·for office bearers of Gram Panchayat and Panchayat Samiti. [Substituted by Act No. 23 of 2012, dated 24.8.2012.]
- (I) Offices of the Pradhan and Upa-Pradhan in the Gram Panchayats in a district shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Oasses 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, or the Backward Classes as the case may be, in all the Blocks within the district bears with the total population in the same area.(2)As nearly as practicable one-half but not exceeding one-half of the total number of offices reserved under sub-section (I) shall be reserved by rotation in such manner as may be prescribed, for the women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be.(3)As nearly as practicable one-half but not exceeding one-half of the total number of offices, including the offices reserved for Women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes under sub-section (2) shall be reserved for the women by rotation in such manner, as may be prescribed.(4)For the purpose of reservation under sub-sections (1), (2) and (3) in a particular term of election, preference shall be given for reservation to the offices of the Pradhan and if the office of the Pradhan is so reserved, office of the Upa-Pradhan shall not be reserved in the same Gram Panchayat, in the same term of General Elections.(5)Notwithstanding anything contained elsewhere in this section, if in a district, for any term of election, the number of offices of the Upa-Pradhan, available for reservation after exclusion of the Grams where offices of the Pradhan have 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 the Upa-Pradhan as are available for reservation shall be reserved for shall 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 in the Panchayat Samitis in a district shall be reserved for the Scheduled Castes, Scheduled Tribes and the Backward Classes 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 Sabhapati and the Sahakari Sabhapari, as the case may be, in the district as the population of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, in all the Blocks within the districts beats with the total population in the same area.(7)As nearly as practicable one-half but not exceeding one-half 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 or the Backward Classes, as the Case may be.(8)As nearly as practicable one-half but not exceeding one-half of the total number of offices including the offices reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes 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 the Sabhapari and after such reservation, offices of the Sahakari Sabhapari shall not be reserved in the same Panchayat Samiti, in the same term of General Elections.(10)Notwithstanding anything contained in this section, if in a district for any term of election, the number of offices of Sahakari Sabhapari, available for reservation after exclusion of the Panchayat Samiris where offices of the Sabhapari have 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 the Sahakari Sabhapari as are available for reservation shall be reserved for that term of election, and the number of offices determined under sub-section (6) or subsection (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 the Scheduled Tribes or the Backward Classes 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, the Scheduled Tribes, the Backward Classes or Women, as the case may be, if such member is otherwise qualified to hold such office under this Act.
