Section 3 of The Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 2023 — Amendment of section 7 of U.P. Act no. 2 of 1959

CHAPTER- III AMENDMENT OF THE UTTAR PRADESH MUNICIPAL CORPORATION ACT, 1959

3. In the Uttar Pradesh Municipal Corporation Act, 1959, in sub-section (5) of Section 7:- (a) in sub-clause (b) of clause 1 after item (ii) the following item shall be inserted, namely :— "(iii) for the women shall not be less than one-third of the total number of offices in the State including the number of offices reserved under item (ii) and if in determining such number of offices, there comes a remainder then the quotient shall be increased by one and the number so arrived at shall, be the number of offices to be reserved for the women;" (b) sub-clause (c) of clause 1 shall be omitted; (c) for sub-clause (d) of clause 1 the following sub-clause shall be substituted, namely:- "(d) Subject to sub-clause (b) the number of offices of the Mayors determined under sub-clause (b) for Municipal Corporations of the State offices shall be allotted to different Municipal Corporations in the State, in the manner that – (i) the Municipal Corporations of the State shall be first arranged in accordance with the percentage of population of the Scheduled Castes in the urban area of the State in descending order and the number of offices determined in item (i) of sub-clause (b) for the Scheduled Castes including the number of offices determined under the said sub-clause for the women belonging to the Scheduled Castes, shall be allotted to such Municipal Corporations which have the largest percentage of population of the Scheduled Castes in the State: Provided that such Municipal Corporations shall be first allotted to the women belonging to the Scheduled Castes; (ii) the Municipal Corporations, excluding those to which offices have been allotted under the item (i) of this sub-clause, shall then be arranged in accordance with the percentage of population of the Scheduled Tribes in the State, in descending order and the number of offices determined in item (i) of sub-clause (b) for the Scheduled Tribes, including the number of offices determined under the said sub-clause for the women, belonging to the Scheduled Tribes, shall be allotted to such Municipal Corporations which have the largest percentage of population of the Scheduled Tribes in the State: Provided that such Municipal Corporations shall be first allotted to the women belonging to the Scheduled Tribes; (iii) the Municipal Corporations, excluding those to which offices have been allotted under the item (i) and (ii) of this sub-clause shall then be arranged in accordance with the percentage of population of the Backward Classes in the State, in descending order and the number of offices determined in item (i) of sub-clause (b) for the Backward Classes, including the number of offices determined under the said sub-clause for the women, belonging to the Backward Classes, shall be allotted to such Municipal Corporations which have the largest percentage of population of the Backward Classes in the State: Provided that such Municipal Corporations shall be first allotted to the women belonging to the Backward Classes; (iv) the Municipal Corporations, excluding those to which offices have been allotted under the item (i), (ii) and (iii) of this sub-clause shall then be arranged in accordance with the population of the Municipal Corporations in the State, in descending order and the number of offices determined under item (iii) of sub-clause (b) excluding the number of offices determined in item (ii) of sub-clause (b), for the women, shall be allotted to such Municipal Corporations in the State: Explanation-I For the purposes of item (i), (ii) and (iii) of this sub-clause the arrangement of Municipal Corporations in descending order shall be done in the manner that the Municipal Corporations having the largest percentage of population of the Scheduled Caste, the Scheduled Tribes or the Backward Classes, as the case may be, in the State shall be placed first and Municipal Corporations having lesser percentage of population of Scheduled Castes, Scheduled Tribes and the Backward Classes than the first shall be placed next and so on and for the purposes of item (iv) of this sub-clause the Municipal Corporations shall be arranged in the like manner, keeping in view the population of the Municipal Corporations of the State. Explanation-II It is hereby clarified that the words "urban area of the State" as occurring in this sub-clause, shall mean and shall be deemed to include, the urban area of all the Municipal Corporations." (d) for sub-clause (f) of clause 1, the following sub-clause shall be substituted, namely:- "(f) The offices of the Mayors of Municipal Corporation allotted in any election to the person belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes, or the women shall not be allotted in the next following elections to the person belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes or the women respectively and the offices of the Mayors of the Municipal Corporations in the State shall be allotted in the subsequent elections, in the cyclic order in the order referred to in sub-clause (d). Explanation-I It is hereby clarified that the words "previous election" and "subsequent election" as occurring in the sub-clause(f) of this clause and elsewhere in this Act, shall not include and shall be deemed to have never included the elections held, before the promulgation of the Uttar Pradesh Local Self Government Laws (Amendment) Ordinance, 2023. Explanation-II Notwithstanding any judgment, order or decree of any Court, Tribunal or Authority it is hereby declared that elections held before the promulgation of the Uttar Pradesh Local Self Government Laws (Amendment) Ordinance, 2023 shall not be deemed to be the "previous election" as contemplated under this section and the next elections to be held under this section accordingly shall not be deemed to be subsequent election."