Section 2 of The Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 2023 — Amendment of section 9-A of U.P. Act no 2 of 1916

For sub-section (5) of section 9-A of the Uttar Pradesh Municipalities Act, 1916, the following sub-section shall be substituted, namely :-

"(5) The offices of Chairpersons of Palika Parishads and Nagar Panchayats shall be reserved and allotted for Scheduled Castes, the Scheduled Tribes, the Backward Classes and Women in the manner given below:- (1) Reservation and allotment of offices of Chairpersons:- (a) Subject to this sub-section, the reservation and allotment of the offices of Chairpersons of Palika Parishads and Nagar Panchayats shall be made separately in the manner provided herein. (b) Number of offices to be reserved:- (i) The number of offices to be reserved for the Scheduled Castes shall be determined in such a manner that the proportion of total number of such offices in the State shall, as nearly as may be, the same as the proportion of the Scheduled Castes in the urban area of the State or in proportion of the Scheduled Tribes in the urban area of the State, as per the total population in such area and if in determining such number of offices to be so reserved the remainder comes to half or more than half of the divisor, it shall be rounded off to one and if it is less than half, it shall be ignored and the number so arrived at shall be the number of offices to be reserved for the Scheduled Castes or the Scheduled Tribes, as the case may be. (ii) The number of offices to be reserved for the Backward Classes shall be determined in such a manner that the proportion of total number of such offices in the State shall, as nearly as may be, the same as the proportion of the Backward Classes in the urban areas of the State, as per total population in such area and if in determining such number of offices to be so reserved the remainder comes to half or more than half of the divisor, it shall be rounded off to one and if it is less than half, it shall be ignored and the number so arrived at shall be the number of offices to be reserved for the Backward Classes: Provided that the number of offices to be reserved for the Backward Classes under this clause shall not be more than twenty seven per cent of the total number of offices in the State. (iii) The number of offices to be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be, under sub-section (3) shall not be more than one-third of the total number of offices to be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes respectively and if in determining such number of offices the remainder comes to half or more than half, it shall be rounded off to one and if it is less than half it shall be ignored and the number so arrived at shall be the number of offices to be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be. (iv) The number of offices to be reserved for women including the total number of offices reserved for women under item (iii) shall not be less than one-third of the total number of offices in the State and if in determining such number of offices the remainder comes to half or more than half, it shall be rounded off to one and if it is less than half it shall be ignored and the number so arrived at shall be the number of offices to be reserved for women. Explanation- For the removal of doubts it is hereby clarified that the words "urban area of the State" occurring in this sub-clause shall mean the urban area of all the Palika Parishads or all the Nagar Panchayats, as the case may be, and they shall be taken into consideration inclusively. (c) In respect of the Palika Parishads of the State:- (i) Allotment of the number of offices determined under item (1) of sub-clause (b) including the number of offices determined for women belonging to the Scheduled Castes under item (iii) of the said sub-clause shall be made as unit in the divisions in such a manner that the proportion of the total number of offices in that division, to be reserved for the Scheduled Castes, shall be in proportion of the Scheduled Castes to the total urban population of that division: Provided that if the proportion of offices determined in this manner for the Scheduled Castes in any division exceeds the proportion of the total number of offices reserved for the Scheduled castes at the State level to the total number of offices, such allotment in that division shall be limited to the extent of such proportion: Provided further that if any number of offices determined for the Scheduled castes at the State level remains to be allotted among the divisions of the State, such remaining offices shall be allotted in descending order in those divisions where the proportion of the Scheduled castes to the total urban population of that division is higher than the proportion of the Scheduled castes to the total urban population of the State: Provided also that the allotment of offices for the Scheduled castes in the divisions shall be made by allotting one office for one division at a time; and this cycle shall continue till no such office remains to be allotted. (ii) Allotment of the number of offices determined under item (2) of sub-clause (b) including the number of offices determined for women belonging to the Scheduled Tribes under item (iii) of the said sub-clause shall be made as unit in the divisions in such a manner that the proportion of the total number of offices in that division, to be reserved for the Scheduled Tribes, shall be in proportion of the Scheduled Tribes to the total urban population of that division: Provided that if the proportion of offices determined in this manner for the Scheduled Tribes in any division exceeds the proportion of the total number of offices reserved for the Scheduled Tribes at the State level to the total number of offices, such allotment in that division shall be limited to the extent of such proportion: Provided further that if any number of offices determined for the Scheduled Tribes at the State level remains to be allotted among the divisions of the State, such remaining offices shall be allotted in descending order in those divisions where the proportion of the Scheduled Tribes to the total urban population of that division is higher than the proportion of the Scheduled Tribes to the total urban population of the State: Provided also that the allotment of offices for the Scheduled Tribes in the divisions shall be made by allotting one office for one division at a time; and this cycle shall continue till no such office remains to be allotted. (iii) Allotment of the number of offices determined under item (3) of sub-clause (b) including the number of offices determined for women belonging to the Backward Classes under item (iii) of the said sub-clause shall be made as unit in the divisions in such a manner that the proportion of the total number of offices in that division, to be reserved for the Backward Classes, shall be in proportion of the Backward Classes to the total urban population of that division: Provided that if the proportion of offices determined in this manner for the Backward Classes in any division exceeds the proportion of the total number of offices reserved for the Backward Classes at the State level to the total number of offices, such allotment in that division shall be limited to the extent of such proportion: Provided further that if any number of offices determined for the Backward Classes at the State level remains to be allotted among the divisions of the State, such remaining offices shall be allotted in descending order in those divisions where the proportion of the Backward Classes to the total urban population of that division is higher than the proportion of the Backward Classes to the total urban population of the State: Provided also that such allotment of offices for the Backward Classes in the divisions shall be made by allotting one office for one division at a time; and this cycle shall continue till no such office remains to be allotted. (d) The number of offices of Chairpersons determined under sub-clause (c) shall be allotted for the Palika Parishads in different divisions under sub-clause (b) in the following manner, namely- (i) the Palika Parishads of a division shall be placed in descending order in accordance with the proportion of the Scheduled Castes population in that division and the number of offices determined under item (1) of sub-clause (c) including the number of offices determined for women belonging to the Scheduled Castes under item (iii) of sub-clause (b) shall be allotted for such Palika Parishads, which have higher proportion of population of the Scheduled Castes in the division: Provided that such Palika Parishads shall primarily be allotted to women belonging to the Scheduled Castes; (ii) thereafter reserving the Palika Parishads for the Scheduled Tribes, the Palika Parishads allocated in that division shall be left over and other Palika Parishads shall be placed in descending order in accordance with the proportion of population of the Scheduled Tribes and the number of offices determined under item (2) of sub-clause (c) including the number of offices determined for women belonging to the Scheduled Tribes under item (iii) of sub-clause (b) shall be allotted for such Palika Parishads, which have higher proportion of population of the Scheduled Tribes in the division: Provided that such Palika Parishads shall primarily be allotted to women belonging to the Scheduled Tribes; (iii) thereafter reserving the Palika Parishads alongwith Palika Parishads allocated for Backward Classes shall be left over and other Palika Parishads shall be placed in descending order in accordance with the proportion of population of the Backward Classes and the number of offices determined under item (3) of sub-clause (c) including the number of offices determined for women belonging to the Backward Classes under item (iii) of sub-clause (b) shall be allotted for such Palika Parishads, which have higher proportion of population of the Backward Classes in the division: Provided that such Palika Parishads shall primarily be allotted to women belonging to the Backward Classes; (iv) thereafter the number of offices determined for women under item (iv) of sub-clause (b) shall be allotted excluding the Palika Parishads allocated in the division under items (i), (ii) and (iii), in the division, for such Palika Parishads, wherein the proportion of women to the total population is higher in descending order. Explanation- For the purposes of items (i), (ii) and (iii) of this sub-clause, the Palika Parishads shall be placed in descending order in such a manner that the Palika Parishads having highest proportion of population of the Scheduled Castes, the Scheduled Tribes or the Backward Classes, as the case may be, in the division shall be placed at first place and the Palika Parishad having relatively less proportion of population of the Scheduled Castes, the Scheduled Tribes and the Backward Classes than the Palika Parishad placed at first place shall be placed at next place and similarly all other remainders