AP Panchayat Raj Reservation of seats
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.279 Dated:01.06.2013
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
6.
G.O.Ms.No.259, PR&RD(E&R)Dept., Dated.1.5.2013.
7. From the
CPR&RE, Hyd.,Lr.No.15683/Elections/2010 Dated:31.05.2013
***
ORDER:
The following Notification will be published
in the extra-ordinary A.P. Gazette on 03.06.2013.
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,
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) Note
under Rule 4(2) of G.O.Ms.No.220, dt.25.05.2006 shall be substituted with the
following:
NOTE:- In
order to arrive at the Proportionate percentage of Backward Classes of the Gram
Panchayat, the following formula shall be adopted:
Mandal Proportionate Reservation for BCs in the State (34%)
Percentage of = -------------------------- X
Mandal BC %
Backward Class
State Percentage of BCs.
(39.18%)
= 0.867
x Percentage of Backward Classes
in Mandal Praja Parishad.
Explanation:- (i) Percentage of Backward Class reservation is
34% as provided in the Act;
(ii) State percentage of Backward Classes is 39.18%
as projected by the Directorate of Economics and Statistics as on 01-03-2011,
from the data
of
Socio-Economic Survey conducted by Andhra Pradesh Backward Classes Finance
Corporation Limited;
(iii) Mandal Backward Class percentage is the
figure as projected by the Directorate of Economics and Statistics as on
01-03-2011, from the data of Socio-Economic Survey referred to above.
2)
Rule
7(1) shall be substituted with the following namely:
Rule“7 (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 6.28% and for Scheduled Castes 19.43% of the total number of offices
of Sarpanchas of Gram Panchayats 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 District to the total
ST/SC population of the State.
3) Note
under Rule 10(2) of G.O.Ms.No.220, dt.25.05.2006 shall be substituted with the following:
NOTE:- In order to arrive at the
Mandal Proportionate percentage of Backward Classes the following formula shall
be adopted:
Mandal Proportionate Reservation for BCs in the State (34%)
Percentage of = ------------------------------------ X
Mandal BC %
Backward
Class State Percentage of BCs.
(39.18%)
= 0.867 x Percentage of Backward Classes in Mandal
Praja Parishad.
Explanation:- (i) Percentage of Backward Class reservation is
34% as provided in the Act;
(ii) State percentage of Backward Classes is
39.18% as projected by the Directorate of Economics and Statistics as on
01-03-2011, from the data of Socio-Economic Survey conducted by Andhra Pradesh
Backward Classes Finance Corporation Limited;
(iii) Mandal Backward Class percentage is the
figure as projected by the Directorate of Economics and Statistics as on
01-03-2011, from the data of Socio-Economic Survey referred to above.
4)
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 6.99% and for
Scheduled Castes 19.32% of the total number of offices of Presidents of Mandal Praja 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.
5) Note
under Rule 16(2)of G.O.Ms.No.220, dt.25.05.2006
shall be substituted with the following:
NOTE:- In order to arrive at the
District Proportionate percentage of Backward Classes the following formula
shall be adopted:
District Proportionate Reservation for BCs in the State (34%)
Percentage
of =
----------------------------------
X
District BCs %
Backward
Class State Percentage of BCs.
(39.18%)
Explanation:-
(i) Percentage of Backward Class
reservation is 34% as provided in the Act;
(ii) State
percentage of Backward Classes is 39.18% as projected by the Directorate of
Economics and Statistics as on 01-03-2011, from the data of Socio-Economic
Survey conducted by Andhra Pradesh Backward Classes Finance Corporation
Limited;
(iii) District Backward Class percentage is the figures as
projected by the Directorate of Economics & Statistics.
6) The following shall be added as rule 17(4) to
G.O.Ms.1st read above and as amended in G.O.Ms.6th read
above
“ The
District Collector shall reserve ZPTCs for Women as allocated under sub-rule
(3) of rule 16, out of the reserved and unreserved categories on the basis of
the highest proportion of the population of women to the total population of
ZPTCs concerned is the highest n the descending order.”
7) In rule 19 after
the proviso the following proviso shall be incorporated:
“provided further calculate
first Women seats / Office in even numbers then 0.5 fraction occurring in
categories shall be rounded to one commencing from ST, BC and UR until the total
required number of women seats/offices shall be arrived at each level of
Panchayat . ie. (G.Ps MPPs ZPPs.)
8) In rule 19
as amendment by G.O.Ms.No.259, PR&RD (E&R) Dept., dt.1.5.2013 the words”
in each category” occurring at the end
shall be deleted.
9) 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 9.15% of the
total number of Zilla Praja Parishads in the State, in the case of Scheduled
Tribes and 18.88% of the total number of Zilla Praja Parishads in the
State in the case of Scheduled Castes.
(BY ORDER
AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) V. NAGI
REDDY, PRINCIPAL SECRETARY TO GOVERNMENT (PR)
------------------------
PR&RD Department - Elections
& Rules- Amendments to Andhra Pradesh Panchayat Raj
(Reservation of seats and offices
of Gram Panchayats, Mandal Praja Parishads and Zilla
Praja Parishads) Rules 2006 –Notification –Issued.
ORDER:
The following Notification will be
published in the extra-ordinary A.P. Gazette on
12.06.2013.
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, originally issued in
G.O.Ms.No.220, PR&RD (E&R)
Department, Dated 25-5-2006 published in Rules
Supplement to part VII
Extraordinary of A.P. Gazette No.5, Dated 6.6.2006 and as
amended from time to time.
AMENDMENTS
1. In rule 8(7) of the said Rules issued in G.O 3rd read above, the words “Mandal
Parishad to the total population of
the Mandal Parishad is the highest in the descending
order”Shall be read as “Grampanchayat to the total
population of the Grampanchayat
concerned is the highest in the
descending order.”
2. In the said Rules the Rules 5 (2), 5(3), 5(4), 8(6),
8(7),8(8), 11(1), 11(2),11(3),
14(1), 14(2),14(3),17(1),
17(2),17(3), 22(1),22(2) and 22(3) as amended in G.O. 4th read
above shall be deleted.
3. In the amendment issued to Rule 19 in the G.O 5th read above after proviso, the
words “commencing from ST,BC,UR
until” shall be read as commencing from ST,SC,BC
and UR.
-------------------------------------------
PR&RD Department - Elections & Rules- Amendments
to Andhra Pradesh
Panchayat Raj (Reservation of seats and offices of Gram
Panchayats,
Mandal Praja Parishads and Zilla Praja Parishads) Rules
2006 –
Notification
– Issued.
ORDER:
The following Notification will be published in the
extra-ordinary
A.P. Gazette on 21.06.2013.
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:-
I. Rule 7(2) shall be substituted with
the following namely:
For the purpose of determining the number of Offices to
be
reserved for Backward Classes, the Commissioner,
Panchayat Raj
shall determine 34% of the offices to the members
belonging to
the Backward Classes and allot to each District on the
basis of the
proportion of projected percentage of population of BCs
in the
District.
District Proportionate Reservation for BCs in the State
(34%)
Percentage of = -----------------------------------------
X District BC projected
Backward
Class State Percentage of BCs. ( 40.53%) population %
Explanation:- (i) Percentage of Backward Class reservation is
34% as
provided in the Act;
(ii) State percentage of Backward Classes is 40.53% as
projected by the
Directorate of Economics and Statistics as on 01-03-2011,
from the data
of Socio-Economic Survey conducted by Andhra Pradesh
Backward
Classes Finance Corporation Limited in the Non-Scheduled area i.e., after
excluding the Scheduled area population
in the State from the total rural
population of the State. This formula
is applicable for allotment of Offices
of Sarpanchas of Gram Panchayat from State to District.
“Provided further when the number of
Offices arrived at after
rounding of fractions is more than the
required number the same
shall be rationalized”.
Explanation :To arrive at actual number
during allotment of offices
from State to District a factor has to
be worked-out by dividing the
required number with arrived number
(Required Number/Arrived
Number) . The said factor will be
multiplied with arrived number so
as to obtain the actual number which
will be rounded off if
required.
Required Number
Factor= Arrived Number after rounding the fractions
Example : Actual Number required = 40
Number arrived after = 46
rounding of fraction
Factor = 40/46 =0.8695
Required Number = Factor x arrived number =0.8695 x 46
=39.99
rounded to 40.
II. In Rule 8(3) after proviso the following shall be
substituted:
“For the purpose of determining number of Offices of
Sarpanchas to be
reserved for the Backward Classes, the District Collector
shall arrive at
this number on the basis of the Mandal proportionate
percentage of
Backward
Classes arrived at in the manner specified below.
Mandal Proportionate Reservation for BCs in the State
(34%)
Percentage of = -----------------------------------------
X Mandal BC projected
Backward Class State Percentage of BCs. ( 40.53%)
population %
Explanation:- (i) Percentage of Backward Class reservation is
34% as
provided in the Act;
(ii) State percentage of Backward Classes is 40.53% as
projected by the
Directorate of Economics and Statistics as on 01-03-2011,
from the data
of Socio-Economic Survey conducted by Andhra Pradesh
Backward
Classes
Finance Corporation Limited in the Non-Scheduled
area i.e., after excluding the
Scheduled area population in the State from
the total rural population of the
State. This formula is applicable for
allotment of Offices of Sarpanchas of
Gram Panchayat from District to
Mandal level.
(iii) Mandal Backward Class percentage is the figure as
projected by the
Directorate of Economics and Statistics as on 01-03-2011,
from the data
of Socio-Economic Survey referred to above.
“Provided further when the number of
Offices arrived at after
rounding of fractions is more than the
required number the same
shall be rationalized”.
Explanation :To arrive at actual number
during allotment of offices
from District to Mandal, a factor has
to be worked-out by dividing
the required number with arrived number
(Required
Number/Arrived Number) . The said
factor will be multiplied with
arrived number so as to obtain the
actual number which will be
rounded off if required.
Required Number
Factor= Arrived Number after rounding the fractions
Example : Actual Number required = 40
Number arrived after = 46
rounding of fraction
Factor = 40/46 =0.8695
Required Number = Factor x arrived number =0.8695 x 46
=39.99
rounded to 40.
III. Rule 13(2) shall
be substituted with the following namely:-
For the purpose of reserving offices of Presidents for
Backward Classes in
respect of the Mandal Praja Parishads, the Commissioner,
Panchayat Raj
shall , in the first instance determine the number of
Offices of Presidents
to be reserved for the Backward Classes in the State such
that the
number of Offices so determined shall be 34% of the total
number of
Offices of President, Mandal Praja Parishads in the State
and allot them
to each District on the basis of proportionate percentage
of Backward
Classes of each District arrived at in the manner
specified below:
District Proportionate Reservation for BCs in the State
(34%)
Percentage of = -----------------------------------------
X District BC projected
Backward Class State Percentage of BCs. (40.14%)
population %
Explanation:- (i) Percentage of Backward Class reservation is
34% as
provided
in the Act;
(ii) State percentage of Backward Classes is 40.14% as
projected by the
Directorate of Economics and Statistics as on 01-03-2011,
from the data
of Socio-Economic Survey conducted by Andhra Pradesh
Backward
Classes
Finance Corporation Limited in the Non-Scheduled
area i.e., after excluding the Wholly Scheduled Mandal
population in the
State from the total rural population of the State. This
formula is
applicable for allotment of Offices of Presidents, Mandal
Praja Parishad
from State to District.
Explanation :To arrive at actual number during allotment
of offices from
State to District and District to Mandal, a factor has to
be worked-out by
dividing the required number with arrived number
(Required
Number/Arrived Number) . The said factor will be
multiplied with arrived
number so as to obtain the actual number which will be
rounded off if
required.
Required Number
Factor= Arrived Number after rounding the fractions
Example : Actual Number required = 40
Number arrived after = 46
rounding of fraction
Factor = 40/46 =0.8695
Required Number = Factor x arrived number =0.8695 x 46
=39.99
rounded to 40.
(BY ORDER AND IN
THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
V.NAGI REDDY
PRINCIPAL SECRETARY TO GOVERNMENT
(PR)
------------------------------------------------------------
Panchayat Raj Department - Reservations to Backward Classes
in Local Bodies, Judgment of the Hon’ble Supreme Court of India in W.P.No.356(C)/1994,
Dated 11-05-2010 read with the Orders passed by the Hon’ble High Court of
Andhra Pradesh In W.P.No.39268/2011 and batch, Dated 04-09-2011 – Follow-up
Action – Orders-Issued.
ORDER:-
The Hon’ble Apex Court in W.P(C).No.356/1994
filed by Dr.K.Krishna Murthy and Others on the issue of reservations in local
body elections (ref.1st read above) has disposed off the said Writ
Petition on 11.05.2010 by the Constitutional Bench(five member bench) headed by
the then Chief Justice of India. The
operative portion of the said Judgment is as follows:-
(i) The
nature and purpose of reservations in the context of local self government is
considerably different from that of higher education and public
employment. In this sense, Article 243-D
and Article 243-T form a distinct and independent constitutional basis for
affirmative action and the principles that have been evolved in relation to
reservation policies enabled by Articles 15(4) and 16(4) cannot be readily
applied in the context of local self government. Even when made, they need not be for a period
corresponding to the period of reservation for purposes of Article 15(4) and
16(4) but cannot be much shorter.
(ii) Article
243-D(6) and Article 243-T(6) are constitutionally valid since they are in the
nature of provisions which merely enable state Legislatures to reserve seats
and chairpersons posts in favour of Backward Classes. Concerns about disproportionate reservations
should be raised by way specific challenges against the State Legislations.
(iii) We
are not in a position to examine the claims about over breadth in the quantum
of reservation provided for OBCs under the impugned State Legislations since
there is no contemporaneous empirical data.
The onus is on the executive to conduct rigorous investigation into the
patterns of backwardness that act as barriers to political participation which
are indeed quite different from the patterns of the disadvantages in the matter
of access to education and employment .
As we have considered and decided only the constitutional validity of
Articles 243-D(6) and 243(T), it will be open to the petitioners or any
aggrieved party to challenge any State legislation enacted in pursuance of the
Constitutional provision before the High Court.
We are of the view that the identification of backward classes under
Article 243-D(6) and 243-T(6) should be distinct from the identification of
SEBCs for the purpose of Article 16(4).
(iv) The
upper ceiling of the 50% vertical reservation in favour of SC/ST/OBCs should
not be breached in the context of local self government. Exceptions can only be made in order to
safeguard the interest of the Schedule Tribes in the matter of their
representation in Panchayats located in the Scheduled areas.
(v) The
reservation of Chairpersons posts in the manner contemplated by Article 243- D(4) and 243-T(4) is constitutionally
valid. These chairpersons cannot be
equated with solitary posts in the context of public employment”.
2. In
the reference 2nd read above, the Ministry of Panchayat Raj Department, Government of India has forwarded
a copy of the Judgment to all State
Governments for information and necessary action.
3. While
the matter stood thus, Writ Petition
No.39268/2011 and batch were filed by Sri.N.Jayaraj and others in Hon’ble
Andhra Pradesh High Court, seeking a direction to the respondents i.e. Government
of Andhra Pradesh, PR&RD Department,
to fix the reservations by fixing the upper ceiling cap of 50% for the
elections for the Local Bodies as declared by the Apex Court as against the
reservation fixed 60.55% by the various orders and to set aside the orders of
the Government, in G.O.Ms.No.220 PR&RD (Elecs) Department, dated 25.05.2006
and G.O.Ms.No.128, PR&RD (E&R) Department, dated 08.06.2011. The above Writ Petitions were disposed off by
the Hon’ble High Court of Andhra Pradesh through their common Order, dated
04.09.2012 and the operative portion of the said Judgment is as follows:-
i. For
the purpose of present elections, the state shall fix the reservations in
favour of Backward Classes at such percentage so that it comes with in 50% when
the aggregate reservation in favour of Scheduled Castes, Tribes and Backward
Classes put together:
ii.
The State shall
conduct a detailed investigation with regard to backwardness of the population, collect
data, invite objections from the general public, analyses the same and then fix
the reservation in favour of Backward Classes in accordance with the
constitutional scheme. It shall also
review the reservation from time to time;
iii. The State Election Commission shall commence
the process of elections to the local bodies in the State of Andhra Pradesh
immediate and shall complete the elections within a period of three months from
the date of finalization of the reservation percentage by the State.
iv. All the Writ petitions challenging the validity
of amending Acts, providing for appointment of Special Officers for local
bodies shall stand dismissed”.
4 The
group of Ministers constituted vide G.O.Rt.No.4364, G.A.(Cabinet) Department,
dated 18.09.2012 had examined the Orders of both the Hon’ble Supreme Court of
India and the Hon’ble High Court of Andhra Pradesh mentioned in foregoing paras
and resolved as follows:-
i.
SLP may be
preferred before the Supreme Court of India on the above judgment of the
Hon’ble High Court of AP dated 04.09.2012 against the cap of 50% on reservation
which has resulted into reduction of reservations to backward classes and also
against investigations with regard to backwardness of the population.
ii.
Simultaneously it
was decided to submit proposals to Government of India for making suitable
amendments to the Constitution of India for making suitable amendments to the
Constitution of India enhancing the reservations for backward classes from the
resultant 23.45% to 34%.
iii.
Proposals may be
submitted to Government of India with a request to release Central Government
funds due for the local bodies without insisting for conduct of elections to
the local bodies, as elections to local bodies could not be held due to
pendency of litigations before Courts of Law.
If required the Hon’ble Chief Minister may be requested to lead a
delegation to appropriate authorities in Government of India requesting the
same.
iv.
If required all
political parties meeting may be conducted to discuss the above issues”.
5. As
recommended by the group of Ministers, as per the resolution at No.1, Special Leave Petition has been filed
before the Hon’ble Supreme Court of India vide SLP Nos. 38951-56, by the State
Governmen
6. The
Apex Court has granted stay vide its interim order dated 18.02.2013 and the direction
of the Apex Court is as follows:-
“ As an
interim measure all the political parties to the above proceedings are
agreeable that the State of Andhra Pradesh/Election Commission is to proceed
with the elections with the existing system.
The main issue will be decided at a later stage.
In
view of the above directions, the directions contained in Clauses (i) and (iii)
of paragraph 60 impugned judgment of Hon’ble High court are hereby stayed until
further orders”.
7. Keeping
in view of the fact that, the Apex Court has permitted the State Government to
proceed with the Elections to Local Bodies based on existing maximum reservation(with the existing 34% for
BCs) and permitting the State Government to consider the existing Backward
Classes list for this election also, however, has not interfered with the Order
of the Hon’ble High Court of Andhra Pradesh, dated 04.09.2012 i.e. pertaining
to conduct a detailed investigation, with regard to the backwardness of the
population, collection of data, inviting the objections from the general
public, analysis and fixation of reservation in favour of backward classes in
accordance with the constitutional scheme and its review from time to time.
8. In
the light of the above and after careful examination of the matter, the State
Government have decided to refer the subject of conducting a detailed investigation
with regard to the backwardness of the population by colleting data, inviting
objections from general public so as to determine the eligibility for
reservations under BC category to the A.P. Commission for Backward Classes(APCBC).
The Andhra Pradesh Commission for Backward Classes shall complete the
investigation in to the patterns of Backwardness in State that are acting as
barriers against political
participation. Finally they may identify the communities that need special
dispensation so as to enable them to
cross the barriers, if any and participate in political processes under the
A.P. Panchayat Raj Act 1994, as required by the judgment of Supreme Court of India in W.P.(c)
No.356/1994.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF
ANDHRA PRADESH)
Dr. P.K. MOHANTY
CHIEF SECRETARY TO GOVERNMENT
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