Section 12 in Himachal Pradesh Municipal Election Rules, 2015
12. Reservation and rotation of the offices of Chairpersons in the municipalities.
(1)Before every election to a municipality, the State Government or any other officer authorized by it in this behalf, shall, in accordance with the provisions of section 12 of the Act, determine the number of the office of Chairpersons of municipalities to be reserved for Scheduled Castes, Scheduled Tribes and women in the State.(2)The population of general category, Scheduled Castes, Scheduled Tribes and women shall be worked out for the purpose of reservation of the offices of the Chairpersons.(3)In the State the offices of the Chairpersons in the municipalities shall be reserved for the Scheduled Castes and Scheduled Tribes in proportion to their population in the State. The municipality having highest percentage of population of Scheduled Castes shall be reserved for the Scheduled Castes and the municipality having the highest percentage of population of Scheduled Tribes shall be reserved for the Scheduled Tribes.(4)If the number of offices to be reserved for Scheduled Castes and Scheduled Tribes is more than one, then the municipality having the next highest percentage of population of Scheduled Castes and Scheduled Tribes shall be reserved for Scheduled Castes and Scheduled Tribes, as the case may be, and so on.(5)Out of the offices reserved for Scheduled Castes and Scheduled Tribes, one half of the offices shall be reserved for women belonging to Scheduled Castes and Scheduled Tribes, as the case may be, and the municipality having the highest percentage of population of women belonging to Scheduled Castes or Scheduled Tribes, as the case may be, in the State shall be reserved for such women.(6)If the number of offices to be reserved for women belonging to Scheduled Castes or Scheduled Tribes, as the case may be, is more than one then the municipality having the next highest percentage of population of women belonging to Scheduled Castes or Scheduled Tribes, as the case may be, shall be reserved for such women, and so on.(7)Out of total offices excluding the offices reserved for Scheduled Castes and Scheduled Tribes ( including women belonging to Scheduled Castes and Scheduled Tribes), one half of the offices shall be reserved for women and the municipality having the next highest women population percentage shall be reserved for women belonging to general category and so on.(8)The offices reserved for Scheduled Castes and Scheduled Tribes and women belonging to Scheduled Castes and Scheduled Tribes and women belonging to general category on the basis of percentage of population shall be rotated after every five years from the date of first election. At the time of immediate next election, the municipality having the next highest percentage of population shall be reserved for member of Scheduled Castes and Scheduled Tribes including women belonging to Scheduled Castes and Scheduled Tribes and women belonging to general category (and the office earlier reserved shall be kept open to the members of the general category) and so on, for subsequent election:Provided that the reservation of any office for a particular category shall not be repeated unless all other offices are covered by rotation.(9)Where the offices of the Chairpersons in municipalities are reserved for the person belonging to backward classes or for the women belonging to backward classes under sub-section (4) of section 12 of the Act, the provisions of foregoing sub-rule of this rule, so far these are not inconsistent with the provisions of said sub-section (4) of section 12, shall apply mutatis-mutandis as these apply in relation to the reservation and rotation of offices, for Scheduled Castes, Scheduled Tribes and women.(10)The reservation made under this rule shall be finalized by the State Government or by any other officer authorized by it in this behalf and shall be given wide publicity by affixing a copy of order of such reservation on the notice board of his office and that of the municipality, District and Tehsil.(11)Where the order of the reservation has not been issued by the State Government, the officer who has issued the order shall send a copy of the same to the State Government. The State Government, whether order is made by it or on receipt of the copy of the order issued by such officer, shall publish the order of reservation in the Official Gazette and the notification so issued shall be the conclusive proof of reservation of offices of Chairpersons in the State.
