9A. [ Reservation of seats. - (1) In every municipality seats shall be reserved for the] [Substituted by U.P. Act No. 12 of 1994.] [Scheduled Castes, the Scheduled Tribes and the Backward Classes] [Substituted by U.P. Act No. 26 of 1995.] and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area [or of the Backward Classes in the Municipal area] [Inserted by U.P. Act No. 26 of 1995.] bears to the total population of such area and such seats may be allotted by rotation to different wards in a municipality in such order as may be prescribed by rules :
[Provided that the reservation for the backward classes shall not exceed twenty seven per cent of the total number of seats in the municipality.Provided further that if the figures of population of the backward classes are not available, their population may be determined by carrying out a survey in the manner prescribed by rules.] [Inserted by U.P. Act No. 26 of 1995.](2)[* * *] [Omitted by U.P. Act No. 26 of 1995.](3)Not less than one-third of the total number of seats reserved under [sub-section (1)] [Substituted by U.P. Act No. 26 of 1995.] shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes or the Backward Classes, as the case may be.(4)Not less than one-third of the total number of seats in a municipality including the number of seats reserved under sub-section (3) shall be reserved for women and such seats may be allotted by rotation to different wards in a municipality in such order as may be prescribed by rules.(5)[ The offices of President and] [Substituted by U.P. Act No. 25 of 2006.] [* * *] [Omitted by U.P. Act No. 49 of 2007.] of the Municipal Councils and Nagar Panchayat shall be reserved and allotted for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and Women, in the manner given below :-(1)Reservation and allotment of offices of the President. - (a) The reservation and allotment of offices of the President under this sub-section, shall be done separately for the Municipal Councils and Nagar Panchayats in the manner hereinafter provided.(b)The number of offices to be reserved -(i)for the Scheduled Castes or for the Scheduled Tribes or for the backward classes shall be determined in the manner that it shall bear, as nearly as may be, the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the urban area of the State, or of the Scheduled Tribes in the urban area of the State, or of the backward classes in the urban area of the State bears to the total population of such area in the State and if in determining such number of offices, there comes a remainder then, if it is half or less than half of the divisor, it shall be ignored and if it is more than half of the divisor, the quotient shall be increased by one and the number so arrived at shall be the number of offices to be reserved for the Scheduled Castes or the Scheduled Tribes or the backward classes, as the case may be :Provided that the number of offices to be reserved for the backward classes under this clause shall not be more than twenty-seven per cent of the total number of offices in the State;(ii)for the women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes, as the case may be, under sub-section (3) shall not be less than one-third of the number of offices for the Scheduled Castes, Scheduled Tribes and for the backward classes and if in determining such number of offices there comes a remainder then the quotient shall be increased by one and the number so arrived at shall, as the case may be, the number of offices be reserved for women belonging to the Scheduled Castes, Scheduled Tribes and backward classes :Provided that the number of offices to be reserved for the backward classes under this clause shall not be more than twenty-seven per cent of the total number of offices in the State;(iii)for the women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes, as the case may be, under subsection (3) shall not be less than one-third of the number of offices for the Scheduled Castes, Scheduled Tribes and for the backward classes and if in determining such number of offices there comes a remainder then the quotient shall be increased by one and the number so arrived at shall, as the case may be, the number of offices be reserved for women belonging to the Scheduled Castes, Scheduled Tribes and backward classes.(c)All Municipal Councils and Nagar Panchayats of the State shall be arranged in such serial order that the Municipal Councils or Nagar Panchayats having largest percentage of population of Scheduled Castes in the State, shall be placed at Serial Number 1 and Municipal Councils or Nagar Panchayats having lesser population of the Scheduled Castes than those shall be placed at number 2 and the rest shall likewise be placed respectively at succeeding numbers.(d)Subject to item (ii) of sub-clause (b) the number of offices of the Presidents determined under sub-clause (b) for Municipal Councils or the Nagar Panchayats of the State shall be allotted to different Municipal Councils or Nagar Panchayats in the State, as the case may be, in the manner that -(i)the number of offices determined under item (i) of sub-clause (b) for the offices of Scheduled Castes including the number of offices determined under item (ii) of the said sub-clause for the women belonging to the Scheduled Castes, shall be allotted to Scheduled Castes next to the Municipal Council or Nagar Panchayat placed at Serial No. 1 under sub-clause (c) :Provided that such Municipal Council or Nagar Panchayats shall be first allotted to the women belonging to the Scheduled Castes :(ii)the number of offices determined under item (i) of sub-clause (b) for the offices of Scheduled Tribes including the number of offices determined under item (ii) of the said sub-clause for the women belonging to the Scheduled Tribes be allotted to Scheduled Tribes serial-wise next to the last serial allotted under item (i) :Provided that such Municipal Council or Nagar Panchayat shall be first allotted to the women belonging to the Scheduled Tribes.(iii)the number of offices determined under item (i) of sub-clause (b), for the offices of backward classes including the number of offices determined under item (ii) of the said sub-clause for the women belonging to the backward classes shall be allotted to backward classes serial-wise next to the last serial number allotted under item (ii) :Provided that such Municipal Council or Nagar Panchayat shall be first allotted to the women belonging to the backward classes.(iv)the number of offices determined under item (ii) of sub-clause (b) excluding the officers determined under the said sub-clause for the women of Scheduled Castes, Scheduled Tribes and backward classes shall be allotted to the women serial-wise next to the last serial number allotted under item (iii).(e)If on the basis of the population of Scheduled Castes or Scheduled Tribes in a Municipal Council or Nagar Panchayat -(i)only one office could be reserved for the Scheduled Castes or for the Scheduled Tribes, as the case may be, such office shall be allotted to the women.(ii)no office could be reserved for the Scheduled Castes or for the Scheduled Tribes, the order of allotment of offices referred in sub-clause (d) shall be so adhered to as if there is no reference in it to the Scheduled Castes or to the Scheduled Tribes, as the case may be.(f)The offices allotted in any previous election to the Scheduled Castes, the Scheduled Tribes, the backward classes or the women shall not be allotted in the subsequent election respectively to the Scheduled Castes, the Scheduled Tribes, the backward classes or the women and the offices in such subsequent election shall be allotted serially from the next to the last office allotted to the women in the previous election in the order referred to in sub-clause (d) in cyclic order.[x x x] [[Clause (2) omitted by U.P. Act No. 49 of 2007. Prior to omission it stood as under:'(2) Reservation and allotment of the offices of Vice-President. - For the reservation and allotment of offices of the Senior Vice-President of Municipal Councils or the Vice-President of Nagar Panchayats, the provisions of sub-clause (5) of clause (1) shall mutatis mutandis apply :Provided that the number of offices to be reserved for the backward classes under this clause shall not be more than twenty-seven per cent of the total number of unreserved offices of President in the State :Provided also that the number of offices to be reserved for the women shall not be less than one-third of the total number of unreserved offices of President and if in determining such number of offices, there comes a remainder then the quotient shall be increased by one and the number so arrived at shall be the number of offices to be reserved for women :Provided also that offices allotted in any election to the women shall not be allotted to the women in the next following election and shall be allotted to the next Municipal Council or Nagar Panchayat, as the case may be :Provided also that if the office of the President of a Municipal Council is reserved, the office of Vice-President of that Municipal Council shall not be reserved :Provided that where the offices of Senior Vice-President in the Municipal Councils, are reserved for Scheduled Castes or backward classes or women, the office of Junior Vice-President in such Municipal Councils, the office of the junior most Vice-President shall be reserved for backward classes, women or Scheduled Castes, as the case may be.']](3)Allotment order. - (a) Notwithstanding anything contained in the foregoing clauses the State Government shall, determining the number of offices to be reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes and the women, by order published in the Gazette, allot the offices to the Municipalities.(b)The draft of order under sub-clause (a) shall he published for objections for a period of not less than seven days.(c)The State Government shall consider the objections, if any, but it shall not be necessary to hear in person on such objections unless the State Government considers it necessary so to do and thereupon it shall become final.(d)The draft of order referred to in sub-clause (b) shall be published in at least one daily newspaper having wide circulation in the concerned district and shall also be affixed on the notice board of the offices of the District Magistrate and the concerned Municipality.(6)The reservation of seats and offices of the Presidents for the Scheduled Castes and the Scheduled Tribes under this section shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.Explanation. - It is clarified that nothing on this section shall prevent the persons belonging to the Scheduled Castes, Scheduled Tribes, the Backward Classes and the women from contesting election to unreserved seats and offices.[Uttarakhand] [The word 'Uttaranchal' Substituted by Act No. 52 of 2006.] Amendment[In the first proviso of Section 9-A(1) of the principal Act. the word "fourteen" shall be substituted for the words "twenty seven".] [Substituted by Uttaranchal Act No. 13 of 2002.]
