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State of Jharkhand - Section

Section 21 in Jharkhand Panchayat Raj Act, 2001

21.

(A)Reservation of Posts of Mukhia and Up-Mukhia (In general area). -
(1)The following procedure shall be followed in respect of reservation for the candidates belonging to the Scheduled Castes and the Scheduled Tribes, namely:-
(i)In General Areas (Non-Scheduled Areas), the posts of Mukhia shall be reserved for the candidates belonging to the Scheduled Castes and the Scheduled Tribes in proportion of their population and such posts shall be allotted
by rotation in the prescribed manner to different constituencies by the State Election Commission.
(ii)In case of less than fifty per cent. reservation of posts for the Scheduled Castes and the Scheduled Tribes candidates, rest of the posts shall be reserved for the Other Backward Classes in proportion of their population but in any case the total number of posts reserved for the Scheduled Castes, the Scheduled Tribes and the Other
Backward Classes shall not exceed more than fifty per cent. of the total posts.
(iii)Out of the total posts reserved under clauses (i) and (ii) of this sub-section, not less than fifty percent of the posts shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes.
(iv)Not less than fifty per cent. of the total posts of Mukhia (including the posts reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes) shall be reserved for women candidates and such posts shall be duly allotted by rotation by the State Election Commission in different Gram Panchayats of the Panchayat Samiti.
(2)If the Mukhia of a Gram Panchayat becomes a member of any house of the Parliament or a member of the State Legislature or Chairman/Vice Chairman of any Cooperative Society, then as regard him it shall be deemed that he has vacated his post from the date on which he has become such member or Chairman or Vice Chairman and for the purposes of section (63) it shall be deemed that casual vacancy has been caused in such post.
(3)Not withstanding anything contained in this section, the Mukhia shall be deemed to be a member of the Gram Panchayat for all the purposes of this Act.
(B)Reservation of Posts of Mukhia in Gram Panchayat (In scheduled area). -
(i)[ The posts of Mukhia of Gram Panchayats in the Scheduled areas shall be reserved for the scheduled tribes : [Substituted by Jharkhand Act No. 12 of 2003 dated 6.12.2003.]
Provided also that the Gram Panchayats lying within the Scheduled areas where there is no population of the Scheduled tribes shall be excluded from allotment of posts of Mukhia reserved for the Scheduled tribes in the prescribed manner.]
(ii)[ Not less than ifty percent of the [total posts of Mukhia of the Gram Panchayats] [Added by Jharkhand Act No. 7 of 2002 dated 17.1.2002.] in every Panchayat Samiti in the scheduled areas shall be reserved for the women belonging to the Schduled tribes and such seats shall be allotted by the state election Commission by rotation in the manner as prescribed.]