(1)Save as provided in sub-section (3) all the seats in the municipalities shall be filled by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose, each Municipal area shall be divided into territorial constituencies, known as wards.(2)(a)In every Municipality as nearly as possible but not exceeding fifty percent of the total seats of the member of Municipalities shall be reserved for(i)Scheduled Castes;(ii)Scheduled Tribes; and(iii)Backward Classes.The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall be as nearly as possible the same proportion to the total number of seats to be filled up by direct election in that Municipality as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of the area and such seats shall be allotted by rotation to different constituencies in a Municipality under the direction, control and supervision of the State Election Commission in the prescribed manner [after two Consecutive General Elections] [ Inserted by Act 8 of 2009.].After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining constituencies in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in the municipality during subsequent elections [after two Consecutive General Elections] [ Inserted by Act 8 of 2009.] under the direction, control and supervision of the State Election Commission in the manner prescribed by it.(b)As nearly as possible but not exceeding fifty percent of the total number of seats reserved under sub-section [(a)] [Substituted '(1)' by Bihar Act No. 7 of 2011, dated 27.5.2011.] shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.(c)As nearly as but not exceeding fifty percent of the total number of the seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.(d)Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation under the direction, control and supervision of the State Election Commission, to different constituencies, in a Municipality in such mariner as may be prescribed by it. [after two Consecutive General Elections] [ Inserted by Act 8 of 2009.]Explanation. - [For the removal of doubts it is, hereby, declared that the principle of rotation for the purpose of reservation of offices for the Scheduled Castes, Scheduled Tribes, Backward Classes, Women of Backward Classes and Women of unreserved category under this sub-section shall commence from the first election held after the commencement of the Bihar Municipal Act, 2007.] [Substituted by Act 8 of 2009.](3)Notwithstanding the provisions as contained in sub-section (2) the following shall also be members in a Municipality:-(i)the members of the House of People and members of the Legislative Assembly representing constituencies which comprise wholly or partly the municipal area.(ii)the members of the Council of States and members of the State Legislative Council registered as electors within the municipal area and members of State Legislative Council elected from the Local Bodies Constituencies of the municipal area.(4)Every member of the Municipality shall have the right to vote in the meeting but in case of election and removal of the Chief Councillor/Deputy Chief Councillor, only the members elected under sub-section (i) shall have the right to vote.(5)The Municipality shall, unless dissolved earlier, continue for a period of five years from the date of its first meeting after the general election and no longer.(6)An election to constitute a Municipality shall be completed, as the case may be,-(a)before the expiry of the period specified in sub-section (5), or(b)before the expiry of a period of six months from the date of its dissolution:Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold an election for constituting the Municipality for such period.(7)The Municipality constituted upon its dissolution before the expiration of the period specified in sub-section (5) shall continue only for the remainder of the period for which the dissolved Municipality would have continued under sub-section (5) had it not been so dissolved.(8)In a municipal area newly constituted, the local authority having jurisdiction over such area immediately before such area was constituted as a municipal are, shall continue to have jurisdiction and to perform its functions till such time, not exceeding six months from the date of the notification under Section 6, as may be necessary for holding elections.(9)If, for any reason, it is not possible to hold the general election of a Municipality before the expiry of the period of five years specified in sub-section (5), the Municipality shall stand dissolved on the expiration of the said period, and all the powers and functions vested in the municipal authorities under this Act or under any other law for the time being in force shall be exercised or performed, as the case may be, by such person or persons to be designated as Administrator or Board of Administrators as the State Government may, by notification, appoint.
