[THE MADHYA PRADESH MUNICIPALITIES
(RESERVATION OF OFFICE OF MAYOR AND PRESIDENT) RULES, 1999][1] In exercise of the
powers conferred by Section 433 read with subsection (5) of Section 11-A of the
Madhya Pradesh Municipal Corporation Act. 1956 (No. 23 of 1956) and Section 355
read with sub-section (5) of Section 29-B of the Madhya Pradesh Municipalities
Act, 1961 (No. 37 of 1961) the State Government hereby makes the following
rules regulating the procedure of reservation of the offices of the Mayor of
Municipal Corporations and President of the Municipal Councils and Nagar
Panchayats in the State, namely : (1)
These
rules may be called the Madhya Pradesh Municipalities (Reservation of Office of
Mayor and President) Rules, 1999. (2)
They
shall come into force with effect from the date of their publication in the
"Madhya Pradesh Gazette". In this rules, unless the context otherwise
requires : (a)
"Office"
means the office of the Mayor of Municipal Corporation and President of the
Municipal Council and Nagar Panchayat; (b)
"Mayor"
means the Mayor of the Municipal Corporation; (c)
"Municipality"
means any Municipal Corporation constituted under Section 7 of the Madhya
Pradesh Municipal Corporation Act, 1956 or any Municipal Council or Nagar
Panchayat constituted under Section 5 of the Madhya Pradesh Municipalities Act,
1961, as the case may be; (d)
"Population"
means the population as ascertained in the last preceding census of which the
relevant figures have been published; (e)
"Prescribed
Authority" means such offices as the State Government may, by order,
prescribe; (f)
"President"
means the President of the Municipal Council and Nagar Panchayat; (g)
Words
and expressions used but not defined in these Rules shall have the same meaning
as assigned to them in the Act. For the purpose of reservation of the offices
of the Mayor of the Municipal Corporation and President of the Municipal
Council and Nagar Panchayat, the Members of the Municipal Corporations,
Municipal Councils and Nagar Panchayats shall be treated as separate units. (1)
The
term of reservation shall be coterminus with the term of the Corporation and
the Council as specified in Section 20 of the Madhya Pradesh Municipal
Corporation Act, 1956 and Section 36 of the Madhya Pradesh Municipalities Act,
1961 respectively. (2)
If
the office of the Mayor or President, as the case may be, falls vacant for any
reason before the expiry of the term as specified in sub-rule (1), the
reservation shall be deemed to be applicable at the time of filling up the
vacancy for the remaining period. (1)
Such
number of offices shall be reserved for Scheduled Castes and Scheduled Tribes
as shall bear the same proportion, as nearly as may be, as the population of
each of these categories, within the limits of all the Municipal Corporations,
all Municipal Councils and all Nagar Panchayats, as the case may be, in the
State bears to the total population within such limits. Such offices shall be
reserved in descending order in those Municipalities in which the percentage of
population of Scheduled Castes or Scheduled Tribes, as the case may be, is
highest in their total population. Explanation. If there is any Municipality
where the percentage of population of both the Scheduled Castes and Scheduled
Tribes is highest in their category, then reservation shall be made for such
category whose percentage is higher in that Municipality. (2)
Leaving
the Municipality where reservation has been made for Scheduled Castes,
Scheduled Tribes, as the case may be, under sub-rule (1), lot of the names of
the remaining Municipalities shall be drawn and as nearly as possible,
one-fourth of the total offices shall be reserved for Other Backward Classes. (3)
Out
of the offices reserved for Scheduled Castes, Scheduled Tribes and Other
Backward Classes under sub-rules (1) and (2), as the case may be, as nearly as
may be one-third offices shall be reserved for women of the aforesaid
categories by drawing of lots. (4)
As
nearly as may be one-third [including the number of offices reserved for women
belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes
under sub-rule (3)] of the total number of seats, shall be reserved for women
by drawing of lot of the names of unreserved Municipalities. (5)
While
calculating under sub-rules (1), (2), (3) and (4) the fraction less than half
shall be ignored and fraction of half and more than half shall be counted as
one. For every subsequent reservation purpose,
same procedure of reservation shall be adopted as laid down in Rule 5, but the
reservation to be made by lot shall be by rotation system and for this purpose
the names of Municipalities, offices of which have been reserved for a category
shall not be included in the lot for the reservation of that category until
such Municipality does not come again in the order of reservation. Explanation. The names of such Municipalities
in which reservation for other women (including reservation for women belonging
to the categories of Scheduled Castes, Scheduled Tribes and Other Backward
Classes) has been made previously shall not be included in the lot for
reservation of women belonging to any of such categories until the name of such
Municipality does not come again for reservation of any women belonging to the
aforesaid category in the rotation system. If reservation is made in a Municipality
under Rule 5 or 6 where as elected Corporation or Council, as the case may be,
exists then such Corporation or Council shall not be affected by such
reservation and such reservation shall be deemed to be effective for the
purpose of next general election of such Municipality. If after reservation in accordance with Rule
5 or 6, as the case may be, a new Municipality is constituted, then the number
of seats to be reserved in all the Municipalities in the State, including such
newly constituted Municipalities, in accordance with the provision of Rule 5 or
6, as the case may be, for the members of the Scheduled Castes, Scheduled
Tribes, Other Backward Classes and Women exceeds the number of reservation
already made previously for these categories shall be subtracted from the
aforesaid number and reservation equal to the number so arrived shall be made to
the concerned categories in the newly constituted Municipality : Provided that if seat has already been
reserved in any newly constituted Municipality but election has not been held
or action for reservation has not been taken, then in both the situation,
action shall be taken for reservation of seats in accordance with the
provisions of Rule 5 or 6, as the case may be, in all the Municipalities in the
State including the newly constituted Municipality: Provided further that if, for any season
election of any Municipality is not held alongwith the general election, then
reservation made as above shall be deemed to be applicable to the election of
such Municipality to be held afterwards. (1)
The
prescribed authority shall publish a notice of the date, place and time of the
making reservation in such Hindi newspaper having circulation in the areas of
the Municipalities. (2)
The
prescribed authority shall record the process adopted for reservation in
writing and keep a register permanently in which it shall be mentioned that
when and in which Municipality the offices of Chairperson have been reserved
for which category so that at the time of drawing lot for the subsequent
reservation, rotation system may be adopted. (3)
Immediately
after making the reservation of the offices of Chairpersons, the prescribed
authority shall send the information to this effect to the State Government and
the State Government shall publish such information in the Madhya Pradesh
Gazette and shall also be pasted on the notice boards of the office of the
Collector and the office of the Municipality and a copy of the same shall be
sent to the State Election Commission. The Madhya Pradesh Municipality (Reservation
of Offices of Chairperson), Rules, 1994 which was applicable to the reservation
of offices of Mayor of Municipal Corporations and President of Municipal
Councils and Nagar Panchayats before the commencement of these rules shall be
repealed: Provided that subject to the provisions of Rule
8, in respect of any order issued for any action taken under the provisions of
the repealed rules, it shall be deemed to have been issued or taken under the
corresponding provisions of these rules. [1]
Vide Notification No. 391-XVIII-3-99, dated 5-10-1999. Published in Madhya
Pradesh Rajpatra (Asadharan), dated 5-10-1999.THE MADHYA PRADESH MUNICIPALITIES
(RESERVATION OF OFFICE OF MAYOR AND PRESIDENT) RULES, 1999
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