Section 4 in The M.P. Panchayat Nirvachan Niyam, 1995
4. Powers of Collector to determine reserved seats for wards.
(1)Subject to the provisions of Section 13, the ward or wards in which seats shall be reserved for women and the members of the Scheduled Castes or Scheduled Tribes or Other Backward Classes shall be determined by the Collector :[Provided that in Scheduled areas the seats for Scheduled Castes, Scheduled bribes and Other Backward Classes shall be reserved in accordance with the provisions of Section 129-E of the Act.] [Added by Notification No. F-1-40-95-XX1I-P-2, dated 12-4-1999.](2)The total number of seats to be reserved for the members of Scheduled Castes or Scheduled Tribes shall be in proportion to the total population of such caste and tribe with the total population of the Gram Panchayat area. Fraction less than half shall be ignored and half and more than half shall be counted as one.(3)[ Seats reserved either for the Scheduled Castes or the Scheduled Tribes shall as far as practicable, be allotted in the wards in which the percentage of population of the Scheduled Castes or the Scheduled Tribes, as the case may be, worked out by the Collector is found by him lo be correspondingly higher in descending number :Provided that in Scheduled areas, at first instance, reservation of seats for Scheduled Tribes shall be determined in accordance with the provision of sub-rule (3) and if any shortfall remains, remainder seats shall be reserved for Scheduled Tribes by drawing of lots and by rotation.] [Substituted by Notification No. F-1-40-95-XX1I-P-2, dated 12-4-1999.](4)In a Gram Panchayat where fifty per cent or less than fifty per cent wards have been reserved both for the Scheduled Castes and for Scheduled Tribes, twenty five per cent of the total number of seats shall be reserved for Other Backward Classes and such seats shall be allotted by the Collector in the wards excluding the wards reserved for the Scheduled Castes and the Scheduled Tribes by rotation and drawing of lots :[Provided that in Gram Panchayat in Scheduled areas, such number of scats shall be reserved for persons belonging to Other Backward Classes, which together with the seats, already reserved for Scheduled Castes, and Scheduled Tribes if any, shall not exceed three-fourths of all the seats in that Gram. Panchayat, by rotation and drawing of lots ] [Inserted by Notification No. F-1-40-95-XXII-P-2, dated 12-4-1999.](5)Out of the wards reserved for women in accordance with sub-section (5) of Section 13 number of wards shall be reserved for women of Scheduled Castes or Scheduled Tribes and/or Other Backward Classes as may hear, as nearly as may be, the same proportion to the total number of seats reserved for women as the total number of wards reserved for Scheduled Castes or Scheduled Tribes and/or Other Backward Classes bear to the total number of wards in the Gram Panchayat area. Seats for women belonging to Scheduled Castes, Scheduled Tribes and/or Other Backward Classes shall be allotted from out of the wards reserved for Scheduled Castes and/or Scheduled Tribes and/or Other Backward Classes under sub-rule (3) and under sub-rule (4). Seats belonging to women of general category be allotted from out of the remaining wards.(6)(a)The prescribed authority shall, for the purpose of fixing the wards in which seats shall be allotted, under sub-rules [x x x] [Omitted by Notification No F-1-40-95-XXII-P-2, dated 12-4-1999.] (4) and (5) draw lots separately for the wards reserved for [x x x] [Omitted by Notification No F-1-40-95-XXII-P-2, dated 12-4-1999.] Other Backward Classes and for women.(b)For the purpose of allotting wards the prescribed authority shall publish a notice at a conspicuous place at the headquarter of the concerned Gram Panchayat staling that the lots shall be drawn in the office to be named in such notice and on the date and at the time specified therein before the persons who are present to witness the drawal of lots.(c)For the purposes of allotment of wards for women separate chits shall be prepared for general wards and wards reserved for Scheduled Castes and/or Scheduled 'bribes and/or Other Backward Classes giving the individual number of wards on each of such chit. All the chits meant for general wards shall be kept in one pot and those chits for reserved wards shall be kept in separate pot/pots. As many chits as are required for allotment of seats for women of general category shall be drawn out and the number of wards written on the chits, shall be read out before the persons witnessing the draw. Similar procedure shall be adopted for drawing chits from the pots meant for allotment of wards for women belonging to Scheduled Castes, Scheduled Tribes and/or Other Backward Classes.(d)The proceedings shall be recorded in writing and signed by the prescribed authority. Signatures of atleast two non-official persons witnessing the drawal of lots shall also be obtained on proceedings. Their names and addresses shall be written below their signatures.(e)[ For the categories of seats which are to be reserved by drawing lots and by rotation, in subsequent general election of Gram Panchayat, the wards previously reserved shall be excluded from drawing lots, for that category till all such wards are exhausted.] [Substituted by Notification No F-1-40-95-XXII-P-2, dated 12-4-1999.]
