State Act

The Mumbai Municipal Corporation Act.

2[5A. Reservation of seats.— (1) Notwithstanding anything contained in clause (a) of sub-section (1) of section 5 or in section 19, for the purpose of any general election held after the commencement of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 1994 (Mah. XLI of 1994) such number of seats out of the total number of seats to be filled in by direct election, shall be reserved for the members belonging to the Scheduled Castes, Scheduled Tribes, women and the Backward Class of citizens, as provided in sub-sections (2) to (5) both inclusive. (2) (a) The number of seats to be reserved for the members belonging to the Scheduled Castes shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in the Corporation as the population of the Scheduled Castes in 3[Brihan Mumbai] bears to the total population of 4[Brihan Mumbai]. (b) 5[one-half] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes: Provided that, where only one seat is reserved for the Scheduled Castes, then no seat shall be reserved for women belonging to the Scheduled Castes 6[* * * * * * * * *]. (3) (a) The number of seats to be reserved for the members belonging to the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in the Corporation as the population of the Scheduled Tribes in 7[Brihan Mumbai]; (b) 8[One-half] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Tribes: Provided that, where only one seat is reserved for Scheduled Tribes, then no seat shall be reserved for women belonging to the Scheduled Tribes 9[* * * * * * * * *]; (4) 10[(a) The seats to be reserved for the persons belonging to the category of Backward Class of citizens shall be upto 27 per cent. of the total number of seats to be filled in by direct election in a Corporation and the total reservation shall not be more than 50 per cent. of the total seats in the Corporation;] (b) 11[one-half] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Backward Class of citizens. (5) 12[one-half] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Class of citizens) of the total number of seats to be filled in by direct election shall be reserved for women. (6) The seats reserved under sub-sections (2), (3), (4) and (5) shall be allotted by the State Election Commissioner by rotation to different wards. (7) The reservation of seats under sub-sections (2) and (3) for the Scheduled Castes and the Scheduled Tribes other than the reservation for women in sub-section (5), shall cease to have effect after the period specified in Article 334 of the Constitution of India.]