Bare ActsKerala Municipality Act, 1994

Section 6

Constitution of Council.--

Amendment status not verified — confirm the current text below against the official source.

[(1) The Government shall, in accordance with the criteria specified in sub-section (3), notify the total number of seats of the Councillors to be filled up by direct election in a Town Panchayat, Municipality and Municipal Corporation considering the population of the area of the Municipality concerned. (2) The Government may, after publishing the relevant data according to each census, vary the total number of seats of Councillors in a Municipality notified under sub-section (1) subject to the criteria specified in sub-section (3). 9A[(3) The number of seats of Councilors notified under sub-section (1) or sub-section (2) shall be,-- (a) in the case of a Town Panchayat or a Municipal Council,-- (i) 9B[twenty six], where the population in the area of the Town Panchayat or Municipal Council does not exceed twenty thousand; and (ii) where the population of the Town Panchayat or Municipal Council exceeds twenty thousand, 9B[twenty six] councilors for the population of first twenty thousand, and one each for every two thousand and five hundred of the population exceeding twenty thousand, subject to a maximum of 9C[fifty three] councilors; (b) in the case of a Municipal Corporation,-- (i) 9D[fifty six], where the population in the area of the Municipal Corporation does not exceed four lakhs; and (ii) where the population exceeds four lakhs, 9D[fifty six] councilors for the population of first four lakhs, and one each for every ten thousand exceeding four lakhs, subject to a maximum of 9E[one hundred and one] councilors.] (4) The Councillors of every Municipality shall be elected by direct election] (5) Specified seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality. The number of seats to be reserved in a Municipality shall be determined by the Government. The number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area bears to the total population of that area and such seats may be allotted by rotation to different wards in a Municipality as the [the State Election Commission or an officer authorised by it] may, determine for each general election: Provided that where the population of the Scheduled Castes or the Scheduled Tribes in a municipal area is not sufficient to make them eligible for the reservation of any seat, one seat shall be reserved in that Municipality for the Scheduled Castes or the Scheduled Tribes having higher population. (6) 10A[Fifty per cent (in the case, of a fraction it shall be fixed to the next higher integer)] of the total number of seats reserved under sub-section (5) shall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes: Provided that where the number of seats reserved for the Scheduled Castes or as the case may be, the Scheduled Tribes under sub-section (5) is only one, that seat need not be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (7) 10A[Fifty per cent (in the case of a fraction it shall be fixed to the next higher integer)] (including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved by the Government for women and such seats may be allotted by rotation to different wards in a Municipality as the [the State Election Commission or an officer authorised by it] may, by notification in the Gazette, determine for each general election. (8) Nothing contained in sub-sections (5) to (7) shall be deemed to prevent persons belonging to the Scheduled Castes, Scheduled Tribes or Women from being a candidate to the election to the unreserved seats in a Municipality. [(9) The officer authorised in this behalf by the State Election Commission shall, by draw of lots, determine the wards to which seats reserved for Scheduled Castes and Scheduled Tribes under sub-section (5) and for Women under sub-sections (6) and (7) are to be allotted by rotation at such time and on such date and at such place as may be notified by the Commission. (10) Immediately after deciding the reserved wards under sub-section (9), the State Election Commission shall notify the list of wards so reserved, in the manner prescribed.] Sub-sections (1) to (4) substituted by Act 14 of 1999. Substituted by Act 6 of 2005 dt.09/03/2005.Prior to the substitution it reads as under: "(3) The number of seats of Councillors notified under sub-section (1) or sub-section (2), shall be,- (a) In the case of a Town Panchayat or a Municipal Council,- (i) 9A[Twenty five], where the population in the area of the Town Panchayat or Municipal Council does not exceed twenty thousand, and (ii) Where the population of the Town Panchayat or Municipal Council exceeds twenty thousand, 9A[twenty five] councillors for the population of first twenty thousand, and one each for every two thousand and five hundred of the population exceeding twenty thousand, subject to a maximum of 9B[fifty two] Councillors; (b) In the case of a Municipal Corporation,- (i) 9C[fifty five], where the population in the area of the Municipal Corporation does not exceed four lakhs, and (ii) Where the population exceeds four lakhs, 9C[fifty five] councillors for the population of first four lakhs and one each for every ten thousand exceeding four lakhs subject to a maximum of one hundred Councillors;" Substituted by ACT 14 OF 2024 Published in K.G.Ext. No. 2227 dt. 10/07/2024 (w.e.f. 10/07/2024). Prior to the Substitution it read as "twenty five" Substituted by ACT 14 OF 2024 Published in K.G.Ext. No. 2227 dt. 10/07/2024 (w.e.f. 10/07/2024). Prior to the Substitution it read as "fifty two" Substituted by ACT 14 OF 2024 Published in K.G.Ext. No. 2227 dt. 10/07/2024 (w.e.f. 10/07/2024). Prior to the Substitution it read as "fifty five" Substituted by ACT 14 OF 2024 Published in K.G.Ext. No. 2227 dt. 10/07/2024 (w.e.f. 10/07/2024). Prior to the Substitution it read as "one hundred" Substituted for the words "Government or an officer authorised by the Government" by Act 14 of 1999, w.e.f. 24-3-1999. Substituted for the words "Not less than one-third" by Act 30 of 2009 dt. 07/10/2009. Substituted for the words "Government or an officer authorised by Government" by Act 14 of 1999, w.e.f. 24-3-1999. Sub-sections (9) & (10) added by Act 14 of 1999, w.e.f. 24-3-1999.

Section 6 – Kerala Municipality Act, 1994 | DailyLaw.ai