Section 6(3) in The Orissa Zilla Parishad Act, 1991
(3)(a)Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Parishad 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 up by direct election in that Parishad as the population of the Scheduled Castes in that Parishad area or of the Scheduled Tribes in that Parishad area bears to the total population of that area and such seats shall be allotted on rotation to different constituencies in a Parishad :Provided that where the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in a Parishad area is not sufficient for reservation of any seat one seat for the Schedule Castes or, as the case may be, one seat for the Scheduled Tribes shall be reserved in that Parishad area :[Provided further that in the Scheduled Areas, not less than one-half of the total number of seats to be filled by such direct election shall be reserved for the Scheduled Tribes.] [Inserted vide Orissa Act No 17 of 1997 (O.G.E.No. 1566 dated 22.12.1997).](b)As nearly may be, but not less than one-third of the total number of seats reserved under Clause (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes:Provided that where only two seats are reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.[(b-1) As nearly as may be, but not less than, twenty-seven per centum of the total number of seats to be filled up by direct election in every Parishad shall be reserved in favour of backward class of citizens as referred to in Clause (6) of Article 243-D of the Constitution in the prescribed manner [and shall be allotted by rotation to different constituencies thereof] [Inserted vide Orissa Act No. 21 of 1995 (O.G.E. No. 1448 dated 21.12.1995).] :Provided that where, after reservation of the required number of seats of the Scheduled Castes and the Scheduled Tribes in a Parishad, the remaining seats are found to be insufficient for the purpose of reservation in favour of backward class of citizens as nearly as may be, but not less than twenty-seven per centum of the remaining seats shall be reserved in favour of such citizens in that Parishad.(b-2) As nearly as may be, but not less than one-third of the total number of seats reserved under Clause (b-1) shall be reserved for women belonging to the backward class of the citizens :Provided that where only two seats are reserved for the backward class of citizens, one of the two seats shall be reserved for women belonging to the backward class of citizens.] [Inserted vide Orissa Act No. 17 of 1997 (O.G.E. No. 1566 dated 22.12.1997).](c)As nearly as may be, but not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes, [the Scheduled Tribes and the backward class of citizens)] [Substituted vide Orissa Act No. 13 of 2001 (O.G.E. No. 1650 dated 7.9.2001).] of the total number of seats to be filled up by direct election in every Parishad shall be reserved for women and such seats shall be allotted by rotation to different constituencies in the Parishad.(d)[* * *] [Omitted vide Orissa Act No. 21 of 1995 (O.G.E. No. 1448 dated 21.12.1995).][(3-A) The manner in which the Parishad area shall be divided into constituencies for the purpose of Clause (a) of Sub-section (1) and the seat therein shall be reserved for the purpose of Clauses (a), (b) [(b-1), (b-2)] [Substituted vide Orissa Act No. 21 of 1995 (O.G.E. No. 1448 dated 21.12.1995).] and (c) of Sub-section (3), shall be as follows :(a)The Collector shall, divide the Parishad area into constituencies in such a manner that -(i)Every constituency shall as far as practicable, have a population of forty thousand or part thereof;(ii)a constituency does not extend beyond the territorial limit of the Block;(iii)the territorial area of a Grama is not bifurcated; and(iv)a constituency is compact with due regard to geographical feature.(b)The constituencies in which the density of population of the Scheduled Castes and the Scheduled Tribes is higher shall be reserved by the Collector for the Scheduled Castes and the Scheduled Tribes respectively and shall rotate in descending order at every general election [and in case of backward class of citizens such reservation and rotation shall be in the prescribed manner] [Added vide Orissa Act No. 13 of 2001 (O.G.E. No. 1650 dated 7.9.2001).].(c)(i)The constituencies in every district shall bear the names of the respective Blocks and be arranged serially in Oriya alphabetical order.(ii)The name of every constituency so arranges serially shall include its serial number in the district.(d)After the names of constituencies are so arranged in Oriya alphabetical order, the Collector shall reserve the required number of constituencies for women in the following manner :(i)reservation of constituencies for women shall be made for the Scheduled Castes at the first instance [then for the Scheduled Tribes and thereafter for the backward class of citizens] [Substituted vide Orissa Act No. 13 of 2001 (O.G.E. No. 1650 dated 7.9.2001).], and in computing one third of the total number of constituencies, the constituencies reserved for women belonging to the Scheduled Castes [the Scheduled Tribes and the backward class of citizens] [Substituted vide Orissa Act No. 13 of 2001 (O.G.E. No. 1650 dated 7.9.2001).] shall be taken into account.(ii)out of the constituencies left in the list of Oriya alphabetical order for candidates other than the Scheduled Castes, the Scheduled Tribes and the backward class of citizens, the constituency which appears first and, thereafter, every third constituency shall be reserved for women, until the required quota is completed;(iii)as nearly as may be, but not less than; one third of the constituencies reserved for the members of the Scheduled Castes, the Scheduled Tribes and backward class of the citizens shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward class of the citizens in the manner herein before provided.(e)The Collector shall prepare a draft statement showing the division of the parishad area into constituencies and the seats to be reserved therein and shall publish it in his office notice board and in the notice boards of the Sub-Collectors, Tahasildars, Executive Officers of Municipalities and Block Development Officers concerned, in the prescribed manner and for the prescribed period, inviting objections and suggestions from all persons interested within the said period.(f)The Collector shall, after considering the objections and suggestions so received and making such further enquiry as he may deem fit, cause such alteration as may be necessary to be made in the draft statement referred to in Clause (e) and shall, thereafter, prepare a final statement showing the division of the Parishad area into constituencies and the seats to be reserved therein and submit the same to the Government for approval.(g)On receipt of the final statement from the Collector under Clause (f) the Government shall, if it is satisfied that the division and reservations shown therein have been made in accordance with the procedure provided herein before, accord its approval and published the same in the Gazette whereupon, the division of the Parishad area into constituencies and reservation of seats therein shall become final.][(3-B) The reservation of seats under Clauses (a) and (b) of Subsection (3) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.] [Inserted vide Orissa Act No. 13 of 2001 (O.G.E. No. 1650 dated 7.9.2001).]
