- (1) Subject to the
provisions contained in the succeeding sub-sections, but save as
provided in the following provisions of this sub-section, all seats in
a Municipality shall be filled by persons chosen by direct election
from the territorial constituencies known as wards, the number of
such seats, not being less than thirteen, being fixed by the State
Government from time to time by notification in the Official
Gazette: -
(a) the following shall represent in the Municipal Board,
Municipal Council or, as the case may be, Municipal
Corporation, viz.:-
(i) the member of the Rajasthan Legislative
Assembly representing a constituency which comprises wholly or partly the area of a
Municipality; and
(ii) three persons or ten percent of the number of
elected members of the Municipality,
whichever is less, having special knowledge or
experience in municipal administration, to be
nominated by the State Government by
notification in the Official Gazette:
Provided that-
(i) the provisions contained in section 24 and
section 35 shall be applicable to the persons to
be nominated or nominated members;
(ii) the State Government shall have power to
withdraw a nominated member at any time;
(iii) a nominated member shall not have the right to
vote in the meetings of a Municipality;
(b) the member of the House of the People representing a
constituency which comprises wholly or partly the
area of a Municipal Council or, as the case may be, a
Municipal Corporation shall represent on such
Council or such corporation:
Provided that the member referred to in subclause (i) of clause (a) shall have a right to vote in the
meetings of a Municipal Board, a Municipal Council
or, as the case may be, a Municipal Corporation, and
the member referred to in clause (b) shall have a right
to vote in the meetings of a Municipal Council or
Municipal Corporation:
Provided further that the members referred
to in sub-clause (i) of clause (a), and clause (b) shall not be subject to any disqualification or any other
proceedings under the provisions of this Act.
(2) Upon the completion of each census after the
establishment of the Municipality, the number of seats shall be redetermined by the State Government by notification in the Official
Gazette on the basis of the population of the municipal area as
ascertained at the latest census:
Provided that the determination of seats as aforesaid
shall not affect the existing composition of the Municipality until
the expiry of its term.
(3) In so fixing the total number of seats for a
Municipality, the State Government shall specify the number
respectively of general seats and of seats reserved for women and
for members of the Scheduled Castes or for members of the
Scheduled Tribes or for both or persons belonging to the Backward
Classes as it may in each case determine.
(4) The number of seats reserved for members of
Scheduled Castes or Scheduled Tribes shall, in relation to the total
number of seats fixed for a Municipality, bear as nearly as may be,
the same proportion as the population of the Scheduled Castes or
Scheduled Tribes in the municipal area bears to the total
population thereof.
(5) The percentage of seats reserved for the Backward
Classes shall be such as the percentage of the combined population
of Scheduled Castes and Scheduled Tribes in relation to the total
population in the municipal area falls short of fifty:
Provided that the percentage of seats so reserved for
the Backward Classes shall not exceed twenty-one:
Provided further that at least one seat shall be reserved
for the Backward Classes in every Municipality where the percentage
of the combined population of Scheduled Castes and Scheduled Tribes in relation to the total population in the municipal area does
not exceed seventy.
(6) One half of the seats reserved for the Scheduled Castes
or the Scheduled Tribes or the Backward Classes shall be reserved
for the women belonging to such Castes, Tribes or, as the case may
be, Classes.
(7) One half including the number of seats reserved under
sub-section (6) of the total number of seats shall be reserved for
women.
(8) The reservation of seats for Scheduled Castes and
Scheduled Tribes and the Backward Classes under sub-sections
(3), (5) and (6) shall cease to have effect on the expiration of the
period specified in Article 334 of the Constitution of India.
(9) All the seats fixed for a Municipality, general as well as
reserved, shall be filled up by direct election from the wards in the
municipal area and such election shall be held in the prescribed
manner.
Explanation.- If a fraction forms part of the number of
seats computed under this section, the number of seats shall be
increased to the next higher number in case the fraction consists of
half or more of a seat and the fraction shall be ignored in case it
consists of less than half of a seat.
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