State Act

Jharkhand Panchayat Raj Act, 2001_English

Section 51 (A) Reservation of Seats of Zila Parishad (In general area) - 1. In every Zila Parishad there shall be reserved seats for - (a) Scheduled Castes and (b) Scheduled Tribes, And the number of seats so reserved shall, bear as nearly as possible the same proportion to the total number of seats to be filled up by direct election in that Zila Parishad as the population of the Scheduled Castes in that Zila Parishad area or of the Scheduled Tribes in that Zila Parishad area bear to the total population of that area, and such seats shall be allotted by rotation to different constituencies in a Zila Parishad by the State Election Commission in the prescribed manner. 2. In case of reserved seats for the Scheduled Castes and the Scheduled Tribes taken together in a Zila Parishad being less than 50 percent of the total number of members, reservation of posts falling short of 50 percent shall be reserved for the other Backward Classes in proportion to the population that bears to the population of the other Backward Classes of the Zila Parishad area, which shall be allotted by the State Election Commission by rotation in the prescribed manner. Provided that overall reservation for the Scheduled Castes and the Scheduled Tribes and the other Backward Classes shall not be more than 50 percent of the total number of the posts. Provided that for the purposes of calculation of number of seats to be reserved for the Scheduled Tribes in a Zila Parishad in an area, other than the scheduled areas, becoming a portion of the said district, the entire population of the scheduled areas falling within the said district and the population of the Scheduled Tribes therein shall be excluded. 3. Not less than 2[fifty percent] of the total number of seats reserved under sub-section (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 2[fifty percent], including the seat reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and other Backward Classes, of the total number of seats to be filled up by direct election in every Zila Parishad shall be reserved for woman and such seats may be allotted by rotation by the State Election Commission in the prescribed manner. 5. Territorial constituencies of such Zila Parishad, where there is no population of Scheduled Castes, Scheduled Tribes or other Backward Classes, 1[shall be excluded for allotment in the prescribed manner] of reserved seats for the Scheduled Castes, the 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 a member at the Zila Parishad level: Provided that the term of office of such member shall be determined 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 Zila Parishad. (B) Reservation of seats in Zila Parishad (In scheduled area) - 1. In every Zila Parishad of the scheduled areas, reservation of seats for the Scheduled Castes and Scheduled Tribes in the said Zila Parishad shall be made on the basis of their respective population. Provided that reservation for the Scheduled Tribes shall not be less than half of the total number of seats. 2. In a Zila Parishad of the scheduled area, seats for persons belonging to other Backward Classes shall, in proportion to their population, be reserved in such number that the same together with the number of seats reserved for the Scheduled Castes and Scheduled Tribes if any does not exceed eighty percent of the total number of seats in the said Zila Parishad. 3. Out of the seats reserved under sub-sections (1) and (2), 1[not less than fifty percent] seats shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes or other Backward Classes, as the case may be. 4. 1[Not less than fifty percent] of the total seats in the concerned Zila Parishad (including the seats reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes, other Backward Classes) shall be reserved for women. 5. Reservation of the posts under the foregoing sub-section shall be allotted by the State Election Commission by rotation in the prescribed manner. 6. Territorial constituencies of such Zila Parishad where there is no population of schedules castes, the Scheduled Tribes or the other backward class shall be excluded from allotment of reserved seats for Scheduled Castes, Scheduled Tribes and the other Backward Classes, in the prescribed manner as the case may be. 7. The State Government may refer the name of such Scheduled Tribes who have no representation in the Zila Parishad of the scheduled area: Provided that the such reference shall not be more than one-tenth of the total number of members to be elected in the said Zila Parishad. 8. The State Government may, by notification nominate a distinguished person of the concerned Panchayat area as member at Zila Parishad level; Provided that the term of office of such member shall be determined by the State Government; Provided that the State Government shall also be competent to cancel the nomination of the such nominated member; Provided that such nominated member cannot be an Office-bearer of the Zila Parishad.