Section 5 in The Gujarat Provincial Municipal Corporations Act, 1949
5. Constitution of Corporation.
(1)Every Corporation shall, by the name of "The Municipal Corporation of the City of .................. ", be a body corporate and have perpetual succession and a common seal and by such name may sue and be sued.(2)[ Each Corporation shall consist of councillors chosen by direct election.(3)Where general election is to be held immediately after,-(i)"a larger urban area" as specified under clause (2) of article 243Q of the Constitution of India, is made or(ii)the census is taken under the Census Act, 1948 and the relevant figures of which have been published, or(iii)the limits of a City are altered,-(a)the State Government shall, by notification in the Official Gazette, determine the number of wards into which the City shall be divided, the number of councillors to be elected to the Corporation and the number of seats to be reserved in favour of the Scheduled Castes, the Schedule Tribes, the Backward Classes and Women as provided in this section, and(b)the State Election Commission thereafter shall carry out the determination of the boundaries of the wards and the allocation of seats reserved in favour of the Schedule Castes, Scheduled Tribes, the Backward Classes and Women among the wards in the prescribed manner.(4)Seats shall be reserved by the State Government for the Scheduled Castes and the Scheduled Tribes in every Corporation 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 the Corporation as the population of the Scheduled Castes and ScheduledTribes in City bears to the total population of the City and such seats may be allotted by rotation to different wards in the City in the prescribed manner.(5)One-third of the total number of seats reserved under sub-section (4) shall be reserved by the State Government for Women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.(6)One-tenth of the total number of seats to be filled by direct election in every Corporation shall be reserved for persons belonging to Backward Classes and one third of the seats so reserved for Backward Classes shall be reserved for Women belonging to the Backward Classes.(7)One-third (including the number of seats reserved for Women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes) of the total number of seats to be filled by direct election in the Corporation shall be reserved for women and such seats may be allotted by rotation to different wards in the City in the prescribed manner.(8)The reservation of seats under sub-sections (4), (5) and (6) the reservation of office of Mayor under section 19 (other than the reservation for women under sub-section (7) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India:Provided that any person elected to any of such reserved seats shall continue as a councillor during the term of the office for which he was validly elected, notwithstanding that the reservation of seats has so ceased to have effect.Explanation: - For the purposes of this section,-(1)"Scheduled castes" means such castes, races or tribes or parts of, or groups within such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under article 341 of the Constitution of India;(2)"Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution of India: and(3)"Backward Classes" means classes declared as Socially and Educationally Backward Classes by the State Government from time to time.]
