In exercise of the powers
under Section 110 of the United Provinces Panchayati Raj Act, 1947 (U.P. Act
No. 26 of 1947) read with sub-section (5) of Section 11-A and clause (a) and
clause (c) of sub-section (5) of Section 12 of the said Act, and Section 21 of
the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904), the
Governor is pleased to make the following rules with a view to amending the
Uttar Pradesh Panchayati Raj (Reservation and Allotment of Seats and Offices)
Rules, 1994 (1994-LLT-V-298 [217])-- (1)
These rules may be called the Uttar Pradesh
Panchyati Raj (Reservation and Allotment of Seats and Offices) (Eighth
Amendment) Rules, 2010. (2)
they shall come into force at once. Uttar Pradesh Panchayati Raj
(Reservation and Allotment of Seats and Offices) Rules, 1994 hereinafter
referred to as the said rules in Rule 4,-- (a)
for sub-rule (4) the following sub-rule shall
be substituted, namely-- "(4)
The number of seats as provided in Rule 3
shall be allotted to different territorial constituencies on the basis of
population in the descending order, that is from amongst the territorial
constituencies in a Gram Panchayat, the territorial constituency having the
largest population of the Scheduled Tribes shall be allotted to them, and the
territorial constituency having the largest population of the Scheduled Caste
shall be allotted to them, the territorial constituency having the largest
population of the backward classes shall be allotted to them, the territorial
constituency having the largest population of the backward classes shall be
allotted to them and in the subsequent election the allotment shall be made in
the aforesaid manner so however that as far as may be, the territorial
constituency allotted in the previous elections to the Scheduled Tribes shall
not be allotted to the Scheduled Tribes, and the territorial constituency
allotted to the Scheduled Castes shall not be allotted to the Scheduled Castes
and territorial constituency allotted to the backward classes shall not be
allotted to the backward classes: Provided that if in any
election, the population of the Scheduled Tribes, or of the Scheduled Castes or
of the backward classes cannot be ascertained territorial constituency wise,
the descending order may be determined on the basis of number of families in
the territorial constituencies, of the Scheduled Tribes, or of the Scheduled
Castes or of the backward classes, as the case may be.". (b)
for sub-rule (6), the following sub-rule,
shall be substituted, namely-- "(6)
Not less than one-third of the total
number of territorial constituencies including the number of territorial
constituencies reserved for women under sub-rule (5) shall be allotted to women
so however that the territorial constituencies having the largest population
excluding the population of the Scheduled Tribes, the Scheduled Castes and the
backward classes shall be allotted to them and in the subsequent election the
allotment shall be made in the aforesaid manner so however that as far as may
be the territorial constituencies allotted to women in the previous elections
shall not be allotted to women.". In the said rule in Rule 5
for sub-rule (2), the following sub-rule, shall be substituted, namely-- "(2)
The number of offices of Pradhans for the
Scheduled Tribes, the Scheduled Castes and the backwards classes, as determined
in sub-rule (1), shall be allotted to different Gram Panchayats in the Khand on
the basis of the ratio of their population in the Panchayat area to the total
population of the Panchayat area in the descending order, that is, from amongst
the Gram Panchayats in the Khand the Gram Panchayat in whose territorial area
the ratio of population of the Scheduled Tribes is highest shall be allotted to
them, and the Gram Panchayat in whose territorial area the ratio of population
of the Scheduled Castes is highest shall be allotted to them and the Gram
Panchayat in whose territorial area the ratio of population of the backward
classes is highest shall be allotted to them and in the subsequent election the
allotment shall be made in the aforesaid manner, so however, that as far as may
be the Gram Panchayat allotted in the previous election to the Scheduled Tribes
shall not be allotted to the Scheduled Tribes and the Gram Panchayat allotted
to in the previous elections to the Scheduled Castes shall not be allotted to
the Scheduled Castes and the Gram Panchayat allotted in the previous elections
to the backward classes shall not be allotted to the backward classes : Provided that if the
population of the Scheduled Tribes or the Scheduled Castes or the Backward
Classes in the Panchayat area is less than two, the office of Pradhan of the
Gram Panchayat for such Panchayat area shall not be allotted to the Scheduled
Tribes, Scheduled Castes or the Backward Classes, as the case may be.". (b) for
sub-rule (4), the following sub-rule shall be substituted, namely-- "(4)
Not less than one-third of the total
number of the offices of Pradhans in the Khand including the number of officers
of Pradhans reserved for women under sub-rule (3) shall be allotted to women so
however that the territorial areas of the Gram Panchayats allotted to them have
the largest population, excluding the population of the Scheduled Tribes,
Scheduled Castes and the backward classes shall be allotted to them and in the
subsequent election, the allotment shall be made in the aforesaid manner so
however that, as far as may be, the Gram Panchayats allotted to women in the
previous elections shall not be allotted to women.".UTTAR PRADESH PANCHYATI RAJ (RESERVATION AND ALLOTMENT OF
SEATS AND OFFICES) (EIGHTH AMENDMENT) RULES, 2010
PREAMBLE