GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

PR&RD Department - Elections & Rules- Amendments to Andhra Pradesh Panchayat Raj (Reservation of seats and offices of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules 2006 –Notification – Issued.

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PANCHAYAT RAJ AND RURAL DEVELOPMENT (E&R) DEPARTMENT

G.O.Ms.No.259                                                                                       Dated:01.05.2013                                                                                                                       Read the following:-  

1.    G.O.Ms.No.220,PR&RD(E&R)Dept. Dated  25.5.2006

2.    G.O.Ms.No.128,PR&RD(E&R)Dept., Dt.8.6.2011

3.    From the CPR&RE,Hyd., Lr.No.348/Elec./2010, Dt.7.9.2012.

4.    Govt., Circular Memo.No19839/E&R/2012-3, Dated:12.04.2013

5.    From the CPR&RE, Hyd.,Lr.No.4155/Elections/2013 Dated:16.04.2013

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ORDER:

  The following Notification will be published in the extra-ordinary A.P. Gazette on 02.05.2013.

NOTIFICATION

                                  

In exercise of the powers conferred by sub-section (1) of Section 268 read with Sections 9,15,152,153,180,181 and 242-D of Andhra Pradesh Panchayat Raj Act, 1994, (Act 13 of 1994) the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Panchayat Raj (Reservation of Seats and Offices of Grampanchayats, Mandal Parishads, Zilla Parishads) Rules- 2006, and originally issued in G.O.Ms.No.220, PR&RD (E&R) Dept., Dated 25-5-2006 published in Rules Supplement to Part VII Extraordinary of A.P. Gazette No.5 Dated:06.06.2006 and as amended from time to time. 

                               AMENDMENTS

In the said Rules:-

1)  Rule 5 (2) shall be substituted with the following namely: 

Rule 5(2):- The Mandal Praja Parishad Development Officer shall, in turn, on receipt of communication under sub-

rule(1)shall reserve in respect of wards allotted under rule 4(1) to the Schedule Tribes in the Gram Panchayat in the first instance in such wards where the proportion of voters belonging to Scheduled Tribes to the total number of ST voters in the Gram Panchayat concerned is the highest in the  descending order. 

2)  Rule 5 (3) shall be substituted with the following namely: 

Rule 5(3):- After excluding the wards reserved for Scheduled Tribes in the respective Gram Panchayat the Mandal Praja Parishad Developement Officer shall reserve the wards from among the other wards, for Scheduled Castes allotted under rule-4(1) above, in the wards where the proportion of voters belonging to Scheduled Castes to the total  number of SC voters in the Gram Panchayat concerned is the highest in the descending order. 

(Contd.P.2)

//2//

3)                 Rule 5 (4) shall be substituted with the following namely: 

Rule 5(4):-The reservation of wards for Backward Classes in the Gram Panchayat allotted under Rule 4(2) shall be made by the Mandal Praja Parishad Development Officer from among the wards remaining after reserving wards for Scheduled Tribes and Scheduled Castes in each Gram Panchayat where the proportion of voters belonging to the backward class to the total BC voters in the Gram Panchayat concerned is the highest in the descending order. 

4)                 Rule 7(1) shall be substituted with the following namely:

Rule7(1):- The Commissioner shall determine in the first instance, the number of offices of  Sarpanchas of Gram Panchayats to be reserved for the members belonging to Scheduled Tribes and Scheduled Castes, subject to the condition that the number of offices reserved for Scheduled Tribes shall be 5.74% and for Scheduled Castes 18.96% of the total number of offices of Sarpanchas of Gram Panchayats in the State and then allot to each District on the basis of the proportion of the population of the Scheduled Tribes or of the Scheduled Castes in the District to the total ST/SC population of the State. 

 

5)                 In Rule 7(2):- the words “proportion of population of BCs in that District” occurring in the last line shall be substituted with “Proportion of population of BCs in the State”. 

6)                 In Rule 8(3):- the words “Population of Mandal Parishad concerned” occurring in the last line shall be substituted with “ST/SC population of the district concerned”. 

7)                 In Rule 8(3):- after proviso the following shall be substituted. 

“There shall be offices allotted to the Backward classes on the basis of the projected population of Backward classes in the Mandal Praja Parishad to the total projected population of the Backward classes in the District”.

8)                 In sub-rule (5) Rule 8 the words “in respect of each district” shall be substituted with “in respect of each Mandal”. 

  

9)                 Rule 8(6) shall be substituted with the following namely:- 

    

Rule 8 (6):-The RDO in turn shall allot offices of Sarpanchas in each Mandal Praja Parishad for the members belonging to Scheduled Tribes Scheduled Castes and Backward Classes. He shall allot offices to the Scheduled Tribe in the first instance where the proportion of population of the Scheduled Tribes in the Gram Panchayat to the total Scheduled Tribes population of the Mandal Praja Parishad  concerned is the highest in the descending order. 

10)              Rule 8(7)  shall be substituted with the following namely:-

Rule 8 (7):-After excluding the Gram Panchayat reserved for Scheduled Tribes, the RDO, shall reserve from among the remaining Gram Panchayats the Offices for the Scheduled Castes allocated to each Mandal where the proportion of the population of the Scheduled Castes in Gram Panchayat to the total Scheduled Castes population of the Mandal Praja Parishad concerned is the highest in the descending order”.

(Contd.P.3)

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11)      Rule 8(8) shall be substituted with the following namely:-

Rule8(8):-After excluding the Gram Panchayat reserved for Scheduled Tribes and Scheduled Castes in the Mandal Praja Parishad, the Revenue Divisional Officer shall reserve from among the other Gram Panchayats, the offices for the Backward classes where the proportion of voters belonging to Backward classes in the Gram Panchayat to the total Backward Classes voters in the Mandal Praja Parishad is the highest in the descending order”.

12)      Rule 11(1) shall be substituted with the following namely:-

Rule11(1):- The Revenue Divisional Officer, shall reserve in respect of each Mandal Praja Parishad in his Revenue Division, MPTCs allotted to the Scheduled Tribes in such Mandal Praja Parishads in the first instance, where the proportion of the population of Scheduled Tribes in the MPTC to the total ST population of the Mandal Praja Parishad is the highest in the descending order. 

13)      Rule 11(2) shall be substituted with the following namely:-

 Rule11(2):- After excluding the MPTCs reserved for Scheduled Tribes in the respective Mandal Praja Parishad, the Revenue Divisional Officer shall reserve from among the other MPTCs for the Scheduled Castes allocated to each Mandal Praja Parishad under sub-rule (1) of Rule 10 in Territorial Constituencies where the proportion of the population of the Scheduled Castes in the MPTC to the total SC population of the Mandal Praja Parishad is the highest in the descending order. 

14)      Rule 11(3) shall be substituted with the following namely:-

Rule11(3):- After excluding the MPTCs reserved for Scheduled Tribes and Scheduled Castes in respect of a Mandal Praja Parishad, the Revenue Divisional Officer shall reserve from the remaining MPTCs for Backward Classes in each Mandal Praja Parishad, such MPTCs  where the proportion of voters belonging to Backward Classes to the total number of BC Voters in the Mandal Praja Parishad is the highest in the descending order. 

  

15)      Rule 13(1) shall be substituted with the following namely:- 

                

Rule13(1):-The Commissioner, shall determine in the first instance, the number of offices of President, Mandal Praja Parishad to be reserved for the members belonging to Scheduled Tribes and Scheduled Castes, subject to the condition that, the number of offices reserved for Scheduled Tribes shall be 6.43%   and for Scheduled Castes 18.86% of the total number of offices of

Presidents of Mandal Praja 

(Contd.P.4)

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Parishads in the non scheduled area of the State and then allot to each District on the basis of the proportion of the population of the Scheduled Tribes or of the Scheduled Castes in the non scheduled area of  the District to the total population of the Scheduled Tribes or of the Scheduled Castes in the State and communicate the same to all the District Collectors. 

“Provided that all the Offices of Presidents of Mandal Praja Parishads located in the Scheduled Area shall be reserved for Scheduled Tribes”. 

16)     Rule 13(2) shall be substituted with the following namely:- 

Rule13(2):-For the purpose of determining the number of offices to be reserved for BCs, the CPR shall determine 34% of the offices to the members belong to BCs and allot to each District on the basis of proportionate population of BCs in the State. 

17)     Rule 14(1) shall be substituted with the following namely:- 

Rule14(1):-The District Collector in turn shall reserve the Mandal Praja Parishads in the District and allot to the Scheduled Tribes in the first instance, where the proportion of the population of Scheduled Tribes in Mandal Praja Parishad to the total Schedule Tribes population of the District concerned in the highest in the descending order. 

18)     Rule 14(2) shall be substituted with the following namely:- 

 Rule14(2):-After excluding the Mandal Praja Parishads reserved for Scheduled Tribes, the District Collector shall reserve from among the remaining Mandal Praja Parishads the offices for the Scheduled Castes allocated to each District under rule 13 where the proportion of the population of the Scheduled Castes of the Mandal Praja Parishad to the total Scheduled Castes population of the

District concerned is the highest in the descending order. 

19)     Rule 14(3) shall be substituted with the following namely:- 

                   Rule14(3):-The reservation offices for Backward Classes in each District shall be made by the Collector after excluding the Mandal Praja Parishad reserved for Scheduled Tribes and Scheduled Castes, where the proportion of the Backward Class voters in the Mandal Praja Parishad to the Backward Class voters in the District concerned is the highest in the descending order. 

20)     Rule 17(1) shall be substituted with the following namely:- 

                 Rule17(1):-The District Collector shall reserve in respect of ZPTCs and allot to the Scheduled Tribes in the District, in the first instance in such Zilla Praja Parishad Territorial Constituencies, where the proportion of population of the Scheduled Tribes in the ZPTCs to the total ST population of the District concerned  is the highest in the descending order. 

(Contd.P.5)

//5//

21)     Rule 17(2) shall be substituted with the following namely:- 

Rule17(2):-After excluding the ZPTCs reserved for Scheduled Tribes, the District Collector, shall reserve from among the other ZPTCs the offices for the Scheduled Castes allocated to each District under rule 16 where the proportion of the Scheduled Castes of the ZPTC to the total SC population of the District concerned is the highest in the descending order. 

22)     Rule 17(3) shall be substituted with the following namely:- 

Rule17(3):- The reservation of ZPTCs for Backward

Classes in the District as allocated under sub-rule (2) of  Rule 16 shall be made by the District Collector after excluding the Zilla Praja Parishad Territorial Constituencies reserved for Scheduled Tribes and Scheduled Castes where the proportion of voters of Backward Classes in the ZPTC to the total Backward Classes voters in the District concerned in the descending order. 

23)     In Rule 19 the following proviso shall be incorporated. 

 “Provided that in case of odd numbers in the total seats/offices 0.5 fraction occurring by division of odd numbers shall be rounded to one in the first election. In the subsequent election the same fraction shall be ignored in each category”.

24)     Rule 21(1) shall be substituted with the following namely: 

Rule 21(1):-The Commissioner, Panchayat Raj, shall in respect of the State determine in the first instance the number of offices of Chairpersons, Zilla Praja Parishads to be reserved in the State for the members belonging to Scheduled Tribes and the Scheduled Castes subject to the condition that the number of Offices so reserved shall be 8.54% of the total number of Zilla  Praja  Parishads  in the  State,  in  the  case  of  Scheduled  Tribes and 18.46% of the total number of Zilla Praja Parishads in the State in the case of Scheduled Castes.

25)     Rule 22(1) shall be substituted with the following namely:-

   

Rule22(1):-The Commissioner, shall on determining the number under sub-rule (1) of rule 21 in respect of the State,  reserve offices of Chairpersons and allot to the Scheduled Tribes in the first instance where the proportion of the population of Scheduled Tribes of the District to the total Scheduled Tribe population of the State is the highest in the descending order. 

26)     Rule 22(2) shall be substituted with the following namely:- 

Rule 22(2):-After excluding the offices of Chairpersons reserved for Scheduled Tribes, the Commissioner, Panchayat Raj shall reserve from among the other offices for the Scheduled Castes determined under sub-rule(1) of rule 21 where the proportion of the population of the Scheduled Castes of the District to the total Scheduled Castes population of the state is the highest in the descending order. 

(Contd.P.6)

//6//

27)     Rule 22(3) shall be substituted with the following namely:- 

Rule22(3):-After excluding the offices of Chairpersons reserved for Scheduled Tribes and Scheduled Castes, the Commissioner shall reserve from among the other offices for the Backward Classes determined under sub-rule (2) of rule 21 where the proportion of the voters of the Backward Classes to the total Backward Classes voters in the State concerned is the highest in the descending order. 

28)     After clause (i) sub Rule 3 of Rule 23 (interpolated through G.O.Ms.No.128, PR&RD (E&R) Department Dated:08.06.2011) the

following clause shall be inserted:-

“When there is a competition for one seat/office between two or more categories, the category which is becoming eligible for such reservation in its earlier cycle gets precedence over others. eg.  In case where there is a tie between B.C. category and another category and if the B.C. category is in first cycle and the other category is in second cycle, the B.C. category will get precedence over the` other category, being in the earlier cycle than the latter.”

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

                                                                                                 V. NAGI REDDY                                                                                             PRINCIPAL SECRETARY TO GOVERNMENT (PR)

To

The Commissioner of Printing, Stationery and Stores Purchase (Ptg. Wing)  Department, Chanchalguda, Hyderabad for publication in A.P.

Extraordinary Gazette. (He is requested to furnish 500 copies of Gazette notification to Government immediately).

The Commissioner, Panchayat Raj & Rural Employment, Hyderabad.

The Commissioner, Rural Development, Hyderabad.

The Secretary, State Election Commission, Secunderabad.

All the District Collectors.

All the District Panchayat Officers.

All the Chief Executive Officers of Zilla Parishads.

Copy to:

The Engineer-in-Chief (Panchayat Raj), Hyderabad.

The Law (A) Department.

All Heads of Departments.

All Departments of Secretariat.

All Sections in Panchayat Raj and Rural Development Dept.

The Special Secretary to CM

The P.S. to Minister (Panchayat Raj)/ P.S. to Prl. Secy. PR.

SF/SC.

//FORWARDED BY ORDER//

                                                                               SECTION OFFICER

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