Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Gujarat Panchayats Election of President of District Panchayat (Manner of Allotment of Reserved Offices of President by Rotation) Rules, 1994 CONTENTS 1. Short title 2. Definition 3. Assignment of serial number to District Panchayat of the State 4. Manner of reservation of offices of President of District Panchayat 5. Allotment of offices of President reserved for Scheduled Castes 6. Allotment of offices of President reserved for Scheduled Tribes 7 . Allotment of offices of President reserved for Socially and Educationally backward classes 8. Allotment of offices of President to others 9. Computation of reserved offices of President for women 10. Lists of districts bearing special serial numbers and general serial numbers how operated 11. Assignment of numbers to reconstituted district panchayats 12. Computation of offices of President to be reserved under these rules 13. Interpretation in case of doubt Gujarat Panchayats Election of President of District Panchayat (Manner of Allotment of Reserved Offices of President by Rotation) Rules, 1994 WHEREAS certain draft rules framing the Gujarat Panchayats Election of President of District Panchayat (Manner of allotment of reserved offices of President by rotation) Rules, 1994 were published as required by sub-section (5) of section 274 read with sub-section (3) of section 77 of the Gujarat Panchayats Act, 1993 (Guj. 18 of 1993) at page 205-1 to 205-3 of Gujarat Government Gazette Part I-A, dated the 18th May, 1994 under the Government Notification, Panchayats and Rural Housing Department No. KP/147 o f 1994/ELC/1094/51/G, dated the 18th May, 1994 inviting objections and suggestions from all persons likely to be affected thereby till the 17th June, 1994; AND WHEREAS no objections and suggestions were received with respect to the said draft rules by the Government; NOW, THEREFORE, in exercise of the powers conferred by sub- section (5) of section 274 read with sub-section (3) of section 77 of the Gujarat Panchayats Act, 1993 (Guj. 18 of 1993) the Government of Gujarat hereby makes the following rules namely: 1. Short title :- These rules may be called the Gujarat Panchayats Election of President of District Panchayat (Manner of Allotment of Reserved Offices of President by Rotation) Rules, 1994. 2. Definition :- In these rules, unless the context otherwise requires The "Act" means the Gujarat Panchayats Act, 1993. 3. Assignment of serial number to District Panchayat of the State :- (1) Each District Panchayat in the State shall be assigned by the State Government a name based on the name of the district for which the District Panchayat is constituted. (2) (a) The names of District Panchayats of the State shall be arranged by the State Government in an English alphabetical order : Provided that where there is more than one District Panchayat having the name with the same letter of English alphabet, the district panchayat shall be distinguished by reference to succeding letters of the alphabet in the name of such district panchayat. (b) Thereafter the district panchayats as so arranged in the English alphabetical order shall be assigned serial numbers in that alphabetical order. (3) The serial numbers assigned to the district panchayats of the State under this rule shall be known as general serial numbers. 4. Manner of reservation of offices of President of District Panchayat :- (1) The reservation of the offices of President of district panchayats in the State for the Scheduled Castes and the Scheduled Tribes under clause (a) of sub-section (2) of section 77 of the Act shall be made in the manner specified hereafter. (2) The offices of President of district panchayats in the State shall be reserved by the State Government for the Scheduled Castes and the Scheduled Tribes and the number of the office of President of district panchayats in the State as so reserved shall bear as nearly as may be the same proportion to the total number of offices of President of district panchayats in the State as the population of the Scheduled Castes in the State or the Scheduled Tribes in the State bears to the total population of the State. 5. Allotment of offices of President reserved for Scheduled Castes :- (1) For the purpose of allotment of the number of offices of President of district panchayats of the State determined by the State Government as reserved for the Scheduled Castes under rule 4, the State Government shall determined the districts of the State which consist of population of the Scheduled Castes and such district of the State shall be serially arranged in accordance with the percentage of population of the Scheduled Castes in each district beginning with the district consisting of the highest percentage of the population of the Scheduled Castes and shall be assigned serial numbers as SC 1, SC 2 and so on. (2) The serial numbers as so assigned shall be known as special serial numbers for the Scheduled Castes. (3) The State Government shall first allot the number of offices of President of district panchayats in the State, reserved, for the Scheduled Castes (including one third of such offices reserved for women belonging to the Scheduled Castes), serially to the districts bearing special serial numbers for Scheduled Castes by rotation, so however that preference shall be given to allotment of offices of President reserved for the women. 6. Allotment of offices of President reserved for Scheduled Tribes :- (1) For the purpose of allotment of the number of offices of President of district panchayats of the State determined by the State Government as reserved for the Scheduled Tribes under rule, 4 the State Government shall determine the districts of the State which consist of population of the Scheduled . Tribes and such districts of the State shall be serially arranged, in accordance , with t h e percentage of population of the Scheduled Tribes in each district beginning with the district consisting of the highest percentage of the population of the Scheduled Tribes and shall be assigned serial numbers as ST1, ST 2 and so on. (2) The serial numbers as so assigned shall be known as special serial numbers for the Scheduled Tribes.(3) The State Government shall after having allotted the offices of President of district panchayats in the State reserved for the Scheduled Castes under sub-rule (3) of rule 5, allot number of offices of President of district panchayats in the State reserved for the Scheduled Castes (including one third of such offices reserved for w men belonging to the Scheduled Castes), serially to the districts bearing special serial numbers for Scheduled Tribes by rotation, so however that preference shall be given to allotment of offices of President reserved for the women. 7. Allotment of offices of President reserved for Socially and Educationally backward classes :- The State Government shall after having allotted the offices of President of district panchayats in the State reserved for the Scheduled Castes and the Scheduled Tribes under rule 5 and 6 allot the number of offices of President of district panehayat in the State determine by the State Government under clause (a) of sub-section (2) of section 77 of the Act as reserved for the Socially and Educationally backward classes (including one third of such offices reserved for women belonging to the socially and educationally backward classes) serially fo the district bearing general serial numbers to which offices of President reserved for the Scheduled Castes and the Scheduled Tribes are not allotted under rule 5 or 6 so however that preference shall be given to allotment of offices of President reserved for the women. 8. Allotment of offices of President to others :- The State Government shall, after having allotted, offices of President of district panehayat in the State reserved for the Scheduled Castes, Scheduled Tribes and Socially and Educationally Backward Classes under rules 5, 6 and 7 allot the remaining offices of President of district panehayat in the State (including those reserved for women) serially to districts bearing general serial numbers to which offices of President reserved for the Scheduled Castes, the Scheduled Tribes and the Socially and Educationally Backward Classes are not allotted under rules 5, 6 and 7 so however that preference shall be given to allottment of President reserved for women other than the women belonging to the Scheduled Castes, Scheduled Tribes and Socially and Educationally backward classes. 9. Computation of reserved offices of President for women :- (1) The number of offices of Pesident of district panchayats in the State to be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes or, as the case may be, the Socially and Educationally backward classe shall be derived by dividing the number of offices of President to the reserved for the Scheduled Castes, the Scheduled Tribes or, as the case may be, the Socially and Educationally Backward Classes by three. (2) The remaining number of offices of President to be reserved for women shall be determined by first deriving the number by dividing the total number of offices of President of district panchayats in the State by three and the number of so derived shall be reduced by the aggregate of the number of offices of President to be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Socially and Educationally Backward Classes, under sub-rule (1). 10. Lists of districts bearing special serial numbers and general serial numbers how operated :- In every immediately succeeding election (a) the lists of districts bearing special serial numbers for the Scheduled Castes, or, as the case may be, the Scheduled Tribes shall (i) continue to be operated serially from the special serial number following the special serial number where the allotment of offices of President reserved for the the Scheduled Castes or, as the case may be, the Scheduled Tribes had ended. (ii) be operated till it is exhausted; and (iii) be re-operated from the beginning after it is exhausted. (b) The list of districts bearing general serial number in so far as allotment of offices of President reserved for the Socially and Educationally backward classes and women is concerned, shall (i) continue to be operated serially from the general serial number following the general number where the allotment of offices of President reserved for the Socially and Educationally backward classes, or, as the case may be, women, had ended. (ii) be operated till it is exhausted; and 11. Assignment of numbers to reconstituted district panchayats :- (1) (a) Where by reason of amalgamation of districts a new district is constituted or by reason of splitting up of district two or more new districts are constituted the district panchayats of such newly constituted districts shall be assigned general serial numbers under rule 3 and where necessary special serial numbers under any of of the rules 5 .and 6 and the general serial numbers as so assigned shall be adjusted in the list of general serial numbers and the special serial numbers as so assigned shall be adjusted in the list of special serial numbers for the Scheduled Castes or, as the case may be, Scheduled Tribes. (b) Where the population of a newly constituted referred to in sub- rule (1) is more than fifty percent of the original district and the district panchayat of the original district has already been covered by rotation before the constitution of new districts, then the district panchayat of such newly constituted district shall not be considered for allottment by rotation till list of general serial numbers or, as the case may be, special serial numbers is exhausted. (2) (a) Where the name of a district is changed, the general serial number assigned to it shall be changed under rule 3 and the list of general serial numbers shall be amended accordingly. (b) Where the district panchayat with the original name has already been covered by rotation, then the renamed district panchayats shall not be reconsidered for allotment for rotation till the list is exhausted. 12. Computation of offices of President to be reserved under these rules :- While deriving the number of office of President to be reserved under these rules, a fraction which is one half or greater than one half in value shall be counted as one and a fraction less than one half in value shall be ignored. 13. Interpretation in case of doubt :- If any question arises as to interpretation of these rules the question shall be referred to the State Government for its decision and its decision shall be' final.