State Act

Jharkhand Panchayat Raj Act, 2001_English

Section 40 (A) Reservation of Post of Pramukh and Up-Pramukh (In general area) - 1[1. Reservation for the candidates belonging to the Scheduled Castes and the Scheduled Tribes for the posts of Pramukh shall be in the following manner:- (i) In General Areas (Non Scheduled Areas), the total number of posts of Pramukh of the district shall be reserved for the Scheduled Castes and the Scheduled Tribes candidates in proportion of their population and such posts shall be allotted by rotation 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, the rest of the posts shall be reserved for the Other Backward Classes in proportion of their population in the area, but in any case, the posts of Pramukh reserved for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes candidates shall not exceed fifty per cent of the total posts. (iii) Out of the total posts reserved under clauses (i) and (ii) not less than fifty per cent, shall be reserved for women candidates 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 Pramukh in the district (including 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 allotted by rotation by the State Election Commission in the prescribed manner in the light of total posts of Pramukh of the district. (v) The posts of Up-Prmukh shall be kept unreserved or shall be dealt with in accordance with the provisions made by the State Government.] 2. The State Government shall be competent to make lawful provisions relating to reservation. 3. Subject to sub-section (1) and (2), Pramukh and Up-Pramukh of the Panchayat Samiti shall be elected by its elected members and from amongst them in the prescribed manner. 4. If the Pramukh/Up-Pramukh of a Panchayat Samiti becomes a member of any house of the Parliament or a member of the State Legislature or Adhyaksha / Upadhyaksha of a Co-operative Society, then as to him it shall be deemed that he has vacated his office of Pramukh/Up-Pramukh, as the case may be, from the date on which he has become such member or Adhyaksha or Upadhyaksha and for the purposes of section (63), it shall be deemed that a casual vacancy has occurred in such office. (B) Reservation of Posts of Pramukh and Up-Pramukh in Panchayat Samiti (In the scheduled area) - 1[Posts of Pramukh in the Panchayat Samities in the scheduled areas shall be reserved for members belonging to the Scheduled Tribes.] 2[Provided that not less than 3[fifty percent] of the 1[total number of posts of Pramukhs] of every district in the scheduled area shall be reserved for women belonging to the scheduled tribes and such seats shall be allotted by the State Election Commission in different Panchayat Samities of the district by rotation in the prescribed manner.]