HPMC Act 11Chapter 0 · Preliminary

Section 11 · Reservation of seats

(1)

Seats shall be reserved in a municipality, -

(a)

for the scheduled castes; and

(b)

for the 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 be filled by direct election [***] [Omitted 'excluding the seat for the President and the Vice-President' by Act No. 50 of 2013, dated 20.9.2013.] in the municipality as the population of the scheduled castes and the scheduled tribes in the municipal area bears to the total population of that municipal area :[***] [Omitted by Act No. 50 of 2013, dated 20.9.2013.]Provided that in case no reservation of seats is possible as aforesaid due to small population of the scheduled castes and the population of scheduled castes of the municipal areas is at least five percent of the total population of the municipal area, one seat shall be reserved for the scheduled castes in such a municipality:Provided further that where there is no eligible candidate belonging to the scheduled castes to be elected as a member of the municipality, no seat shall be reserved for scheduled castes:Provided further that in non-tribal areas where there is scheduled tribes population in a municipal area, seats shall be reserved for such members of the scheduled tribes within the reservation provided for the members of the scheduled castes and the determination of seats to be reserved amongst the scheduled castes and scheduled tribes shall be in proportion to their population in that municipal area.Explanation. - The expression "non-tribal area" for the purpose of this proviso shall mean the areas other than the Scheduled Areas specified in relation to the State of Himachal Pradesh.

(2)

[One-half] [Words 'one half substituted year 2008.] of seats, reserved under sub-section (1), shall be reserved for women belonging to the scheduled castes or, as the case may be, the scheduled tribes.

(3)

[One-half] [Words 'one half substituted year 2008.] (including the number of seats reserved for women belonging to the scheduled castes and the scheduled tribes) of the total number of seats to be filled by direct election shall be reserved for women.

(4)

The State Government may, by general or special order, reserve such number of seats for persons belonging to backward classes in a municipality, not exceeding the proportion to the total number of seats to be filled by direct election in the municipality as the population of the persons belonging to backward classes in that municipal area bears to the total population of that area and may further reserve [one-half] [Words 'one half substituted year 2008.] of the total seats reserved under this sub-section for women belonging to backward classes.

(5)

The seats reserved under sub-sections (1), (3) and (4) shall be allotted by rotation to different wards in the municipal area in such manner as may be prescribed.

(6)

The reservation of seats under this section shall be given effect through notification issued at the time of each election by the State Government.

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