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1 .« m ' « m m -3 .; Mn. - w in . x) :_ -' b .. .. fli -k - : 'r 4 1 ‘" ~ «Q M ‘': GOVERNMENT OF TRIPURA ‘ ' .5 ’ V Urban Dewjelopment Department Agartala “ . .a “u . .3' The \Tr'ifiuka‘ "Municipal ‘ [ Delimitationgfflbnstitucncies } .. Amendment Rules,_ I995. I Published in the EXTRAORDINARY ISSUE OF TRIPURA GAZETTE Agartala. Saturday, September 30, 1995 A. D.. Asvina 8, 1917 S. E. GOVERNMENT OF TRIPURA URBAN DEVELOPMENT DEPARTMENT AGARTALA NO. P 15:j5)-L'DD 94. Dated, Agartala, the 30th September, 1995‘ NOTIFICATION In exercire of the powers conferred by Section 274 of the Tripura Municipal Act, 1994 the State Government hereby makes the following rules to make amendment in the Tripura Municipal (Delimitation oFConstituencies‘; Rules, 1994, namely :—
1. (i) These rules may be called the Tripura Municipal (Delimitation of Constituencies) Amendment RulesE l995;
(ii) They shall come into force at once“
2. In Sub-rule (l) ofRule 2 of the Tripura Municipal (Delimitation of Constituencies) Rules, 1994 (hereinafter referred to as a principal rules) after clause (b) of the following clauses shall be added. “(C)” Constituency “means the Ward ofa Municipality”.
3. For Sub-rule (2) of rule 3 the following shall be substituted, namely 2» 9(2) for the purpose of election of Municipality the District Magistrate having jurisdiction shall, in form B, after previous publication in form A, divide the Municipal Area in to wards. The number of wards shall be the same as the number of seats to be “filled up by election in a Municipality as determined under sub-sectiOn (l) of Section 12. He shall also indicate in forms A and B the Constituencies (wards). if any, to be Iv reserved for Scheduled Tribes, Scheduled Castes and Women in the Municipality.”
4. After rule 3 of the principal rules the following new rules shall be inserted, namely :— ~‘3A procedure for determining seats by rotation for Scheduled Castes, Scheduled Tribes and Women :—
(1) After determination of total number of seats and the number of seats reserved for Scheduled Castes or the Scheduled Tribes and Women under sub-section (1) of Section 12 of the Tripura Municipal Act, 1994, for a Municipality, the District Magistrate shall. by an: order in form B, after previous publication of the draft order in form A.
(a) divide the area of the Municipality into number of constituen— cies (wards) as determined under Section 12(1) of the Tripura Municipal Act, 1994;
(b) determine the area to be included in the each constituency ;
(c) assign the consecutive serial number of such censtitueneies of a Municipality following a sequence 3.
(d) declare the constituencies in a Municipality reserved for Scheduled Castes and Scheduled Tribes ;
(e) declare the constituencies reserved for Women ina Municipality ; Previded that while determining the number of constituencies to be reserved for women, the reservation of constituencies for women belonging to Scheduled Castes and Scheduled Tribes Communities shall ' also be taken into account.
(2) (i) While reserving the seats for Scheduled Caste and Scheduled Tribe by rotation in aMunicipality the District Magistrate shall Consider the percentage of Scheduled Caste and Seheduled Tribe population, as the case may be, in the constituencies of that MUnicipality and such population shall be determined on the basis oflast preceding census of which the relevantfigures have been published 2
Provided that when census figures are not available for any area of a Municipality, the District Magistrate shall determine the number of Scheduled Caste or the Scheduled Tribes of the total population of the constituency on the basis of any other authenticated record maintained by any office or organisation of any department of the State Government ora local authority .°F _where no such record is available, on the basis ol“_ local enquiry, which may include house to house enumeration earned by him' for the purpose as aforesaid after consulting, where necessary, any portion of the census report, relevant part of electoral roll of the Tripura Legislative Assembly or any other authenticated record that may be of his assistance;
(ii) (a) After ascertaining the population of Scheduled Tribes in
(b)
(iii) each Constituency of a Municipality the District Magistrate shall prepare a Roster Register in which for one seat to be teServed for Scheduled Tribes in a Municipality he will indicate 3 (three) constituencies according to the population of Scheduled Tribe for the purpose of rotation of Scheduled Tribe reserved seats Similarly, after ascertaining the population of Scheduled Castes in each constituency of a Municipality the District Magistrate shall prepare a Raster Register in which for one seat to be reeed for Scheduled Castes in a Municipality he will indicate 3(three) constituencies according to the population of Scheduled Castes for the purpose of rotation of Scheduled Caste reserved seat: The constituencies available for reservation by rotation for Scheduled Castes and Scheduled Tribes shall be arranged in descending order according to the percentage of population of Scheduled Caste or Scheduled Tribes, as the case may be, and such constituencies shallbe indicated in the Roster Register in two groups, first group for Scheduled Tribes and second for Scheduled Caste.
(iv) For the first term of election among every three consecutive terms, constituencies shall be reserved for the Schenuled Tribes (V) from thevfirst group and the constituencies shall be reSCIVed for the Schedule castes fromthesecond group belonging in both the cues from thelcwest serial number in order to reach the number determined under sub-section (1) of Section 12; of the Act: for the second and the third term of election, the same procedure shall be followed except that reservation shall be made after excluding the constituencies reserved in earlier term, or terms of election and in the Want of the shortfall of the required number of constituencies, constituencies beginning from the lowest serial number of either first group or second group, as the case may be,shall be reserved notwithstanding that such constituencies were reserved in any earlier term ;
(vi) When it is ascertained from the available reCords that the population of Scheduled Castes .or the Scheduled Tribes, as the case may be, is less than 2% of the total population in a constituency of a Municipality such populatiOn of the Scheduled Castes or the Scheduled Tribes may not be taken into accotnt for the purpose of rotation of seats in the Municipality.
(3) The number of constituencies to be reServed for women shall be equal to the number ol‘ seats determined under sub-section (1) of SectiOn 12 of :‘ne Act. '
Provided that the declaration of the constituencies to be reserved :13: WOmen shall be made separately showing that not less than US (one third) or” the total seats reServed for Scheduled Castes and Scheduled Tribes in a Mun;- cipality has been reserved for Scheduled Caste or Scheuled Tribe women and not less than 1/3 of the remaining seats in a Municipality has been teServed for women in the Notification under section 12(1) of the Aer.
(4) (i) For reserving the seats for women in a Municipality the constituencies except the constituencies reserved for‘Scheduled Castes and Scheduled Tribes shall be arranged in ascending order of seats numbers continuously. From these first seat shall be made reserved for women and subsequently eVery third seat shall be reserved for women for the first term of election among eVery three conSecutive terms. subject to the condition that the total number of seats to be reserved for women shall not exceed the number of specified in order issued under sub-section (1) of Seeders 12 of the Act.
(ii) For the purpOSe of reservatioa of not less than 1/3 (one third) of the Scheduled Caste and Scheduled Tribe seats for Women. the following procedure shall be adopted ina Municipality when seats have been reserVed both for Scheduled Castes and Scheduled Tribes. The constituencies available for reservation by rotation shall be arranged in the following order :—
(a) When ina Municipality two seats are reserved for Scheduled Tribe and Scheduled Caste in the ratio of 1:1, then in the first election the seat shall be reserved for Scheduled Tribe Women, for the second electiOn the Seat shallbe reserVed for Scheculed Caste Women in the third election. the seat shall be reserved for Scheduled Tribe Women and for the fourth' election, the seat shall be reserved for Scheduled Caste Women and this procedure will continue in subsequent elections.
(b) When in a Municipality 3(three) seats are reserved for Scheduled Caste and Scheduled Tribes in the ratio of 2:1 resPectively, in the first electiOn the seat shall be reserved for Scheduled Caste semen, for the second election the seat shall be reserved for Scheduled Tribe women and for the third election, the seat shall be reserved. for Scheduled Caste women and thereafter some principle shall apply for subsequent elections.- If the ratio of reservation between Scheduled Caste and Scheduled Tribes is 1:2 respectively then the point reServed for Scheduled Castes as indicated above shall be reserVed for Scheduled Tribe and points reserved for Scheduled Castes as indicated above shall be reserved for Scheduled Tribes. This procedure shall Continue in subsequent election also.
(0) When in a Municipality 2(two) seats are reserVed and both the seats are reserVed for Scheduled Castes or-Scheduled Tribe, as the case may be then the seat having largest p0pulati0n of Scheduled Castes or as the case may be, Scheduled Tribes. shall be reserved for Scheduled Caste or’ Scheduled Tribe Women, I
(ii) Notwithstanding anything contained in this rules if the number of seat determined under Sub-section _(l) of Section 12 of the Act for Schedule Tribes and Schedule Ca'st'e's is one only, that seat shall be reserved for Schedule Tribe oi- Schedule Casre Women as the case may be for the first term of election and there shall be no reservation for the second and third term cf election. ‘ (iii) The reservation oi‘ seats for women for the second and third term of election shall be made after excluding the seats reserved on earlier term ’or terms fer the General category women . Schedule tribe women and. for Scheduled Caste Women.
Provided that there shall be 'no hair for reservatiOn of same seats tor the women for the second and third term'k
(5) The District Magistrate shall byan order in writing record before publication of the draft order in form A the procedure adopted the records and documents relied upon and the findings. made for the V purpo se of declaraiiOn of the constituencies reserVed for the Scheduled Castes or the Scheduled Tribes” 5 For rule 4ofthe principalrules the following shallbe substituted, namely '— “4(1) Manner of publication of the order under 3 and 3A.— The draft order in Form A and final order in Form B shall be published by the District Magistrate on such date as may be fixed by the State Government but not later than 7 (seven) weeks before the date of poll by pOSting the same— .
(a) in the Ohice of the Municipality to which the order relates ; '
(b) in the Oflice of the District Magistrates, Sub-Divisional Otficers and 211113 parishads of the area Concerned ;
(c) In the Tripura Gazette and at least in one local newspaper.
(d) in such other conspicuous places within the Municipal area as the District Magistrate may deem fit.
(2) Any person affected by such order may Submit ‘anyobjection or Suggestion in writting stating the reasons thereof so as to reach in the crime or" the District Magistrate within 7 (seven) days from the date of such publication or within such extended period as may be decided by the District Magistrate.
Provided that the perSons affected by such order may submit obj eetions or suggestions to the Sub-Divisional ofiicers within their jurisdiction the Municipality is situated and such Sub-Divisional Officers shall forward the same to the District Magistrate & Collector for disposal of the objections.
(3) The District Magistrate shall consider objections or suggestions, if any, receiVed’by him within the stipulated period and may make suitable alteration and amendment in the draft notification. - (4) The District Magistrate shall publish the order in Form B with alteration and amendment, if any, on such date or. dates as may be fixed bythe State t-GOVernment but in any came not later that 5_ (fiVe) Weeks before the- ._ date of poll by posting the same in the places where the draft orders were published under Sub-rule (1) and after publication the order shall come into 'force
Provided. that the. order shall be deemed to have been'duly published it“ there has been Substantial compliance with the provisions of this rules and any omission to post the order in one or more places. shall not invalidate the order. (.5) Aft" W10 8 0f the principal rules the following Form A Form B shall be added namely --—— . By order of the Governor. Lalyohliana Secretary to the Government of Tripura. FORM A (See rule 3, 3A and 4) ORDER NO. ‘ ' ‘ , Date In exercise of the power conferred by rule3 and 3A of the Tripura Municipal (Delimitation of constituencies) Rules,94 read with Section 12 Tripura Municipai Act91994 the undersigned hereby; publish the draft of this order deviding and determining the ,Municipal Council, Agartala/—-—-—- Nagar Panchayat into wards in accordance with the provisions of the aforesaid Act and the said rules indicating in the Schedule below the name of the Municipality in column (1) number of members to be elected to the Municipality in column (2) number ofthe constituency in column. (3) the extent of constituency in column (4) constitueney or constituencies reserved for SCs and STs in column (5) and constituency or constituencies reserved for women in column ( 6) for the infOrmation of persons likely to be afi‘ected thereby. It is notified for infermation of all persons in- accordance with rule 4 of . theaforesaid rules that any person or institution or any other interested party may submit their objections or suggestions against the draft order by addressing to the undersigned at 01' through the SDO of the Sub-Division in which the Municipal Council/ ‘ Nagar Panchayat is situated within 7 (seven) days from the publication of this notification. - - The draft will. be taken up for consideration after expiry of 7 (seven) ' days» from this day and any objection or suggestion with reSpect- thereto .vhich may be received by the undersigned before that date shall be duly considered. ,~ » A H..— .H U m .— ~ ¢ _ A — . . . . . . . . . . . . . . . . . v . . . . . . . . . . . . . . .,_2uu=9v goumbwmwuz «U EflQ .
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3380.. 8560333 Aocozfim conv 3 5 8 3 3 0 0 «I! l i f i ’ n ’ l in I 'll II .1 1 5 }!!! , . .. 8 c.2020 B,, QEEEE $0333...q 042° .525 . , .Auuomfimaou. 8 33502.. .3 252 . , _ , m Mo .3532 uo $3852 ( 4 ,1 3 1 .! . , ‘ macaw—mow ma cu a < u vlzm o m . . . FORM B (See rule 3, 3A and 4) NO. Date ORDER WHEREAS in pursuance of sub-rule 3 and rule. 3A of the Tripura Municipal (Delimitation oflConszitue-nciesi Rules, 1994 read with Section i2 of the TripuraMunicipaiAer 1994, :n undersigned as prescribed authority had published the draft Deiisnitfiion of Constituencies (Wards) indicating the seats reserved for Scheduied C2512, Schedule Tribe 8!. Women for Election to the Municipal Council,- .$.;nrtala, -——————— ———-- Nagar Panchayat Vide Not—o——————-——- dated——-————-——-—- and in accordance with the provisio, s circle 4 ot‘t‘ne aforesaid Rules invited objectionsfsuggestiong if any, in respect oft; c said draft Delimitation and determination of reserved seats so published from any person or Institution or any other interested party; AND WHEREAS the said draft Delimitation of Constituencies (Wards) including reServation ofseets for Schedule Caste, Scheduied Tribe 6’: Women of Municipal Councd, Agar-talc! -—————-——-—— Nagat Panchayat was published in the Tripurn Gazette on ————-———-—-—--— ; AND WHEREAS all the objectionsisnggestions received in relation to the said draft within the stipulated period fioni —~-——-—-———-— to _______ were considered by the undersigned for finalisation of the Delimitation of the Constituencies (WardSi and reservation of seats for Scheduled Caste. Scheduled Tribe 8! Women. NOW, therefore; in exercise of the powers conferred by rule 3 and 3A of the Tripura Municipal (Deiimitation of Constituencies) Rules, 1994 read with Section 12 of the Tripura Municipal Act, 1994, i hereby divide and deter. mine the Municipal Councii. Agartala/-————-———Nagar Pancha‘yat into wards in accordance with the provisions of the aforesaid Act and the said rules indicating in the Schedule below the name of the Municipality in column (2) num. ber of constituency in column (3) the extent of c0nstituency in column (4) c0nstitueney or constituencies reserved for SCs and 81‘s in column (5) and constituency or constituencies reserved for Women in column (6) of the said Schedule. 4 0 1 1 ...: 55315 a 355232 3:35 .OVP—ncwmm . Reuse» can .8 :2 . fish
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