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Section 89: Reservation of Offices of Chairmen in Zila Parishads

The H.P. Panchayati Raj (Election) Rules, 1994-(English version)State Rules of Himachal Pradesh · 1994

(1) Before every election to a Zila Parishad, the State Government or any other officer authorised by it in this behalf, shall in accordance with the provisions of section 125 of the Act, determine the number of offices of Chairman of Zila Parishad, to be reserved for Scheduled Castes, Scheduled Tribes and women in the State.

(2) For the purpose of reservation of the offices of the Chairman of Zila Parishad the population of general category, Scheduled Castes, Scheduled Tribes and women shall be worked out Zila Parishad-wise and the percentage of Scheduled Castes, Scheduled Tribes and women in relation to the total population of the Zila Parishad shall be determined.

(3) In the State the offices of the Chairmen of Zila Parishads shall be reserved for the Scheduled Castes and Scheduled Tribes in proportion to their population in the State. The Zila Parishad having highest percentage of population of Scheduled Castes shall be reserved for the members of the Scheduled Castes and the Zila Parishad having the highest percentage of population of Scheduled Tribes shall be reserved for the Scheduled Tribes.

(4) If the number of offices to be reserved for the members of Scheduled Castes or Scheduled Tribes is more than one, then the Zila Parishad 1 . Second proviso inserted vide Not. No. PCH- HA(1)- 18/2008, dated 8 th September, 2010, published in Rajpatra, Himachal Pradesh,dated 10 th of September, 2010 page 4456-4467.

2 . Sub Rule, (8-A) inserted vide Not. No. PCH- HA(1)- 18/2008, dated the 8 th September, 2010, published in Rajpatra, Himachal Pradesh, dated 10 th of September, 2010 page 4456-4467, .

55 having the next highest percentage population of Scheduled Castes and Scheduled Tribes shall be reserved for the members of Scheduled Castes, Scheduled Tribes, as the case may be, and so on.

(5) Out of the office reserved for members of Scheduled Castes and Scheduled Tribes 1 [one-half] of the offices shall be reserved for women members belonging to Scheduled Castes or Scheduled Tribes, as the case may be, and the Zila Parishad having highest population in percentage of women belonging to Scheduled Castes or Scheduled Tribes, in relation to the total population of Zila Parishad, as the case may be, in the State shall be reserved for such women.

(6) If the number of offices to be reserved for women belonging to Scheduled Castes or Scheduled Tribes, as the case may be, is more than one, then the Zila Parishad having the next highest percentage of population of women belonging to Scheduled Castes or Scheduled Tribes, as the case may be, shall be reserved for such women, and so on.

(7) Out of the total offices excluding the offices reserved for Scheduled Castes and Scheduled Tribes (including women belonging to Scheduled Castes and Scheduled Tribes), 2 [one-half]of the offices shall be reserved for women and the Zila Parishad having the highest percentage of women population shall be reserved for general women and so on.

(8) The offices reserved for Scheduled Castes and Scheduled Tribes and women belonging to Scheduled Castes and Scheduled Tribes and women belonging to general category on the basis of percentage of population shall be rotated after every five years from the date of first election. At the time of next election, the Zila Parishad having the next highest percentage of population shall be reserved for member of Scheduled Castes and Scheduled Tribes including women belonging to Scheduled Castes and Scheduled Tribes and women belonging to general category 3 [xxxxxxxxxxxxx] and so on for subsequent election:

Provided that the reservation of any office for a particular category shall not be repeated unless all other offices in the State are covered by rotation.

1 . Substituted for the words ―one-third‖ vide Not. No. PCH- HA(1)- 18/2008, dated the 8 th September, 2010, published in Rajpatra, Himachal Pradesh, dated 10 th of September, 2010 page 4456-4467.

2 . Substituted for the words ―one-third‖ vide Not. No. PCH- HA(1)- 18/2008, dated the 8th September, 2010, published in Rajpatra, Himachal Pradesh, dated 10 th of September, 2010 page 4456-4467.

3 . The brackets and words "(and the office earlier reserved shall be kept open to the members of the general category)" deleted, vide Not. No. PCH- HA(1)- 18/2008, dated the 8 th September, 2010, published in Rajpatra, Himachal Pradesh, dated 10 th of September, 2010 page 4456-4467.

56 1 [Provided further that the reservation for a particular category shall not be rotated in such a Zila Parishad where the population of that category is less than 5% of the total population of that Zila Parishad.]

2 [(8-A) Notwithstanding anything contained in these rules, the roster of reservation of offices shall operate from the initial stage for the elections to be held after the commencement of the Himachal Pradesh Panchayati Raj (Election) Amendment Rules, 2010 as if the said elections are being conducted for the first time under sub-rule (8) and thereafter, the reservation of offices shall be rotated to different Zila Parishads under this rule.]

(9) The reservation made under this rule shall be finalised by the State Government or by any other officer authorised by it in this behalf and shall be given wide publicity by affixing a copy of order of such reservation on the notice board of his office and that of the Gram Panchayat, Panchayat Samiti and Zila Parishad and shall also send a copy of the same to the Government for publication of the order in the Official Gazette and this notification shall be the conclusive proof of reservation of offices of Chairmen in the District.

Where this provision sits

ActThe H.P. Panchayati Raj (Election) Rules, 1994-(English version)
Section89
Marginal noteReservation of Offices of Chairmen in Zila Parishads
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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