Section 7 in Uttar Pradesh Municipal Corporation Act, 1959
7. [ Reservation of seats. [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]
(1)In every Corporation, seats shall be reserved for the Scheduled Castes, the Scheduled Tribes [and the backward classes] and the number of seats so reserved shall, as nearly as may be, bear 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 in the municipal area or of the Scheduled Tribes in the municipal area [or the backward classes in the municipal area] [Inserted by U.P. Act 26 of 1995, S.6 (w.e.f. 30-5-1994)] bears to the total population of such area and such seats may be allotted by rotation to different wards in a Corporation 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 a Corporation :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 26 of 1995, S.6 (w.e.f. 30-5-1994)][* * *] [Omitted by U.P. Act 26 of 1995, S.6 (w.e.f. 30-5-1994).](3)Not less than one-third of the seats reserved under [sub-section (1)] [Substituted by U.P. Act 26 of 1995, S.6 (w.e.f. 30-5-1994).] 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 that one-third of the total number of seats to be filled by direct election in a Corporation, 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 the Corporation in such order as may be prescribed by rules.(5)[ The offices of Mayor and [Deputy Mayor] [Substituted by U.P. Act 25 of 2006, S.3 (w.r.e.f. 12-7-2006)] of the Corporation shall be reserved 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 mayor. - (a) The reservation and allotment of offices of the Mayor shall be done 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 devisor, it shall be ignored and if it is more than half of the devisor, the quotient shall be increased by one and the number so arrived at shall be the number of office 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 case may be, be the number of offices to be reserved for women belonging to the Scheduled Castes, Scheduled Tribes and backward classes.(c)All Municipal Corporation of the State shall be arranged in such serial order that the Municipal Corporations having largest percentage of population of Scheduled Castes in the State, shall be placed at Serial Number 1 and Municipal Corporations having lesser population of the Scheduled Castes than those shall be placed at Serial Number 2 and the rest shall likewise be placed respectively at succeeding numbers and likewise the remaining shall be numbered respectively.(d)Subject to item (ii) of sub-clause (b) the number of offices of the Mayor determined under sub-clause (b) for Municipal Corporations of the State, shall be allotted to different Municipal Corporations 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 serialwise next to the Municipal Corporations placed at Serial No. 1 onwards under sub-clause (c) :Provided that such Municipal Corporations shall be first allotted to the women belong to the Scheduled Castes;(ii)the number of offices determined under item (ii) 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, shall be allotted to Scheduled Tribes serialwise next to the last serial allotted under item (i) :Provided that such Municipal Corporation 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 serialwise next to the last serial number allotted under item (ii) :Provided that such Municipal Corporation shall be first allotted to the women belonging to the backward classes :(iv)the number of offices determined under item (ii) of sub-section (b) excluding the offices determined under the said sub-clause for the women of Scheduled Castes, Scheduled Tribes and backward classes shall be allotted to the women serialwise next to the last serial number allotted under item (iii).(e)If on the basis of population of Scheduled Castes or Scheduled Tribes in a Municipal Corporation -(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.(2)Reservation and allotment of the offices of Deputy Mayor. - [* * *] [Clause (2) omitted by U.P. Act 49 of 2007, S.9](3)Allotment Order. - (a) Notwithstanding anything contained in the foregoing sub-sections the State Government shall, after 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 Municipal Corporations.(b)The draft of order under sub-clause (a) shall be 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 consider 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 Municipal Corporation.](6)The reservation of the seats and the offices under this section for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution.Explanation. - It is clarified that nothing in this section shall prevent the persons belonging to the Scheduled Castes, the Scheduled Tribes, the backward classes and the women from contesting elections to unreserved seats and offices.]
