State Act

Jharkhand Panchayat Raj Act, 2001_English

Section 36 (A) Reservation of seats of the Panchayat Samiti (in general area) - 1. In every Panchayat Samiti there shall be reserved seats for (a) Scheduled Casts, and (b) Scheduled Tribes, and The number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to filled up by direct election in that Panchayat Samiti as the population of the Scheduled Castes or of the Scheduled Tribes in that Panchayat Samiti area bear to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Panchayat Samiti by the State Election Commission in the prescribed manner; Provided that for the purposes of calculation of number of seats to be reserved for the Scheduled Tribes in a Panchayat Samiti in an area, other than the scheduled areas, becoming a part of the said Panchayat Samiti the total population of the scheduled areas falling within the said Panchayat Samiti as well as the population of the Scheduled Tribes therein shall be excluded. 2. In case of reserved seats for the Scheduled Castes and Scheduled Tribes taken together in a Panchayat Samiti being less than 50 percent of the total number of members, reservation of the posts falling short of 50 percent shall be reserved for the other Backward Classes in proportion to the population of the other Backward Classes of the Panchayat Samiti area, which may be allotted by the State Election Commission by rotation in the prescribed manner; Provided that the overall reservation for the Scheduled Castes, the Scheduled Tribes and the other Backward Classes shall not be more than 50 percent of the total number of posts. 3. Not less than 1[fifty percent] of the total number of seats reserved under sub-sections (1) and (2) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes or the other Backward Classes, as the case may be. 4. Not less than 1[fifty percent] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes) of the total number of seats to be filled up by direct election in 2[every Panchayat Samiti] shall be reserved for women and such seats may be allotted by the State Election Commission by rotation in the prescribed manner. 5. Such territorial constituencies where there is no population of the Scheduled Castes, schedules tribes or other Backward Classes, 3[shall be excluded from allotment in the prescribed manner] of reserved seats for the scheduled castes, Scheduled Tribes and other Backward Classes, as the case may be. 6. The State Government may, by notification, nominate a distinguished person of the Panchayat area concerned as member at the Panchayat Samiti level; Provided that the term of office of such member shall be ascertained by the State Government; Provided that the State Government shall also be competent to cancel the nomination of such nominated member; Provided that such nominated member can not be an Office-bearer of the Panchayat Samiti. (B) Reservation of Seats in Panchayat Samiti (In scheduled area) - 1. In every Panchayat Samiti of the scheduled area, reservation of seats for the Scheduled Castes and Scheduled Tribes in the said Panchayat Samiti shall be made on the basis of their respective population; Provided that the reservation for Scheduled Tribes shall not be less than one-half of the total number of seats. 2. In a Panchayat Samiti of a scheduled area such number of seats shall be reserved for the persons, if any belonging to the other Backward Classes, in proportion to their population, which must not exceed 80 percent of the total seats taken together with the reserved seats for the scheduled castes and the scheduled tribes. 3. Out of the seats reserved under sub-section (1) and (2), 1[not less than fifty percent] seats shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and the other Backward Classes, as the case may be. 4. Out of the total seats of the Panchayat Samiti concerned, 1[not less than fifty percent] seats (including the seats reserved for the women belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes) shall be reserved for women. 5. Reserved posts under the aforesaid sub-section shall be allotted by rotation in the prescribed manner by the State Election Commission. 6. Such constituency of the Panchayat Samiti, which has no population of the Scheduled Castes, the Scheduled Tribes or other Backward Classes, shall be as the case may be, excluded from allotment of reserved seats for the persons belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes in the prescribed manner. 7. The State Government may refer the names of such Scheduled Tribes who have no representation in Panchayat Samiti of the scheduled areas; Provided that such reference shall not be more than one-tenth of the total number of members to be elected to the said Panchayat Samiti. 8. The State Government may by notification nominate a distinguished person of the Panchayat area concerned as member at the Panchayat Samiti level, Provided that the term of office of such member shall be ascertained by the State Government; Provided that the State Government shall also be competent to cancel the nomination of such nominated member. Provided that such nominated member cannot be an Office-bearer of the Panchayat Samiti.