OGP Act 10

Section 10 · Constitution of Grama Panchayat

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(1)

Every Grama Panchayat shall be composed of the following members, namely :

(a)

a member to be elected by the persons referred to in Sub-section (1) of Section 4 from amongst themselves who shall be the Sarpanch; and

(b)

a member to be elected from each of the wards by the persons on the electoral roll for the ward from amongst themselves;

(c)

[ * * *] [Omitted vide Orissa Gazette Extraordinary No. 426/18.4.1994-Notification No. 6139/Legislative/ 18.4.1994.].

(2)

There shall be a Naib-Sarpanch in respect of every Grama Panchayat to be elected in accordance with the provisions of Section 14.

(3)

[ (a) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Grama Panchayat 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 in that Grama Panchayat as the population of the Scheduled Castes in the concerned Grama or of the Scheduled Tribes in that Grama bears to the total population of that Grama and such seats shall be allotted by rotation to different wards in a Grama Panchayat:] [Substituted vide Orissa Gazette Extraordinary No. 426/18.4.1994-Notification No. 6139/Legislative/ 18.4.1994.]Provided that where the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in a Grama is not sufficient for the reservation of any seat, one seat for the Scheduled Castes or, as the case may be, one seat for the Scheduled Tribes shall be reserved in that Grama:[Provided further that in the Scheduled Areas, not less than one-half of the total number of seats to be filled by direct election shall be reserved for the Scheduled Tribes; ] [Inserted vide O.A.15 of 1997, Orissa Gazette Extraordinary No. 1567, Notification No. 22433 dated 22.12.1997.]

(b)

As nearly as may be, but not less than one-third of the total number of seats reserved under Clause (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes :
Provided that where only two seats are reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.[(b-1) As nearly as may be, but not less than, twenty-seven per centum of the seats of every Grama Panchayat shall be reserved in favour of backward class of citizens as referred to in Clause (6) of Article 243-D of the Constitution in the prescribed manner; [and shall be allotted by rotation to different wards thereof.] [Inserted vide Orissa Gazette Extraordinary No. 1391/12.12.1995-Notification No. 19454-Legislative/ 12.12.1995.][(b-2) As nearly as may be, one-third of the total number of seats reserved under Clause (b-1) shall be reserved for women belonging to the backward class of citizens.] [Inserted vide O.G. Extraordinary No. 1649 dated 7.9.2001.]

(c)

As nearly as may be, but not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes [the Scheduled Tribes and the backward class of citizens)] [Substituted vide O.G. Extraordinary No. 1649 dated 7.9.2001.] of the total number of seats to be filled by direct election in every Grama Panchayat shall be reserved for women and such seats shall be allotted by rotation to different wards in a Grama.]

(4)

[ The procedure regarding reservation of seats for the purposes of Sub-section (3) shall be as follows :

(a)

The wards in which the density of population of the Scheduled Castes and the Scheduled Tribes is higher in the Grama shall be reserved by the Collector for the Scheduled Castes and the Scheduled Tribes, respectively and shall rotate in the descending order at every general election [and in case of backward class of citizens such reservation and rotation shall be in the prescribed manner.]

(b)

The wards shall be serially numbered in a list in the prescribed manner and the Collector shall reserve the required number of wards in the Grama for women in the following manner, namely:
(i)in computing one-third of the total number of wards, the wards reserved for women belonging to the Scheduled Castes [the Scheduled Tribes and the backward class of citizens] [Substituted vide O.G. Extraordinary No. 1649 dated 7.9.2001.] and the Scheduled Tribes shall be taken into account;
(ii)reservation of wards for women belonging to the Scheduled Castes shall be made at the first instance [then for the Scheduled Tribes and thereafter for the backward class of citizens] [Substituted vide O.G. Extraordinary No. 1649 dated 7.9.2001.];
(iii)out of the wards left in the list for candidates other than the Scheduled Castes, [the Scheduled Tribes and the backward class of citizens] [Substituted vide O.G. Extraordinary No. 1649 dated 7.9.2001.], the ward which appears first and, thereafter, every third ward shall be reserved for women, until the required quota is completed;
(iv)as nearly as may be, but not less than one-third of the wards reserved for the members of the Scheduled Castes and the Scheduled Tribes shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes in the manner hereinbefore provided; and
(v)the wards not covered in a general election for reservation for women shall be covered in the subsequent general election of the Grama Panchayat in the same manner as hereinbefore provided.

(c)

The Collector shall, by order, after previous publication in the prescribed manner inviting objections and suggestions from all persons interested within the prescribed period, and after considering all such objections and suggestions, publish a statement, showing the division of the Grama into wards and the seats to be reserved therein, in his office notice board, which shall be final.]

(5)

Notwithstanding anything to the contrary in this section-

(a)

the offices of Sarpanchas in Grama Panchayats shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes and the Scheduled Tribes respectively in the State bears to the total population of the State ; and

(b)

[ as nearly as may be, but not less than one-third of the total number of offices of Sarpanches reserved under Clause (a) shall be reserved for women belonging to the Scheduled Castes, or, as the case may be, the Scheduled Tribes; [Substituted vide Orissa Gazette Extraordinary No. 1649 dated 7.9.2001.]

(c)

as nearly as may be, but not less than, twenty-seven per centum of the offices of Sarpanches in Grama Panchayats shall also be reserved in favour of backward class of citizens as referred to in Clause (6) of Article 243-D of the Constitution and shall be allotted by rotation to different Gramas;

(d)

as nearly as may be, but not less than, one-third of the total number of offices of Sarpanches reserved under Clause (c) shall be reserved for women belonging to the backward class of citizens; and

(e)

as nearly as may be, but not less than, one-third (including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward class of citizens) of the total number of offices of Sarpanches in Grama Panchayats shall be reserved for women.]

(6)

[ For the purpose of reservation of offices of Sarpanchas in Grama Panchayats and subject to the provisions of Sub-section (5)-

(a)

the Grama Panchayats in relation to Gramas in which the density of population of the Scheduled Castes and the Scheduled Tribes is higher in the Block shall be reserved by the Collector for the Scheduled Castes and the Scheduled Tribes respectively and shall rotate in the descending order at every general election; and

(b)

after arranging the names of the Gramas within a Block in Oriya alphabetical order, as nearly as may be, but not less than one-third of the total number of offices of Sarpanchas in each Block shall be reserved by the Collector for women and, for such reservation, the procedure provided in Clause (b) of Sub-section (4) shall, as far as may be, apply.]

(7)

The reservation of seats under Clauses (a) and (b) of Sub-section (3) and the reservation of offices of Sarpanchas (other than the reservation for women) [and backward class of citizens] [Inserted vide O.G. Extraordinary No. 1649 dated 7.9.2001.] under Sub-section (5) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

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