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GOVERNMENT OF PUDUCHERRY

LOCAL ADMINISTRATION SECRETARIAT

(G.O. Ms. No. 67/LAS/2021, Puducherry, dated 17th December 2021)

NOTIFICATION

Whereas, Article 243-D and 243-T of the Constitution provides for

reservation of seats for Scheduled Castes/Scheduled Tribes;

And whereas, Article 243-D (6) and 243-T (6) of the Constitution enables

the State Government to provide for reservation of seats in Local Bodies in favour

of backward class of citizens;

And whereas, the Government of Puducherry, has already provided

reservation to the Scheduled Castes and in respect of backward classes provision

has been made under sub-section (8) of section 9 of the Puducherry Municipalities

Act, 1973 and under sub-section (8) of section 11 of the Puducherry Village and

Commune Panchayats Act, 1973;

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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Mercredi

22

Décembre

2021 (1 Pausa 1943)

No.

Puducherry

Wednesday

22nd

December

2021

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[ PART-I

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And whereas, the Hon’ble Supreme Court in its Order, dated 11th May, 2010

in W.P.(C) No. 356 of 1994 in K. Krishnamurthy and others Vs. Union of India had

held that the upper ceiling of 50% vertical reservations in favour of SC/ST/OBC

should not be breached in the context of Local Self-Government and emphasized

for collection of empirical data to fix quantum of reservation;

And whereas, the Hon’ble Supreme Court in its Order, dated 08th May, 2018

in the Civil Appeal Nos. 4994-4995 of 2018 in the Chief Secretary, Government of

Puducherry Vs. J. Anandalakshmi and others had held that both the Constitutional

position as well as the State Act make it clear that the reservation for Scheduled

Castes and Scheduled Tribes is based on population, whereas, if, provision has to

be made for backward classes, it is left to the States to do so, if, they so desire;

And whereas, the Hon’ble Supreme Court in its Judgement, dated 04th

March, 2021 in W.P.(C) No. 980 of 2019 and W.P.(C) No. 981 of 2019, W.P.(C)

No. 1408 of 2019 and W.P.(C) No. 743 of 2020 in Vikas Kishanrao Gawali Vs. State

of Maharashtra and others had emphasized that reservation for OBC shall be

followed by the recommendations of a dedicated commission set up to conduct

contemporaneous rigorous empirical enquiry into the nature and implication of the

backwardness qua Local Bodies, within the State;

And whereas, various public interest litigations have been filed before the

Hon’ble First Bench of the High Court of Judicature at Madras in W.P. Nos. 21067,

21117 and 21708 of 2021 and W.M.P. Nos. 22326, 22327, 22383, 22382, 22890 and

22891 of 2021 against the Government of Puducherry, State Election Commission,

and the Local Administration Department of Puducherry, and the Hon’ble High Court

has ordered in those cases to carry out the Elections as expeditiously as possible

in terms of the Order of the Hon’ble Supreme Court in Contempt Petition No. 2364

of 2021, dated 05th April, 2021 and the Hon’ble High Court had also granted

permission to issue fresh Election notifications rescinding the earlier notifications

in G.O. Ms. No. 47/LAS/2019, dated 07th March 2019 and G.O. Ms. No. 48/LAS/2019,

dated 07th March 2019 of the Local Administration Secretariat, Puducherry;

Now, therefore, the Lieutenant-Governor, Puducherry, is pleased to

constitute a Single Member Commission by appointing Justice Mr. K. K. Sasidharan,

a Retired Judge of the Hon’ble High Court of Judicature at Madras to recommend

appropriate reservation for Other Backward Classes within a period of six months

with the following:

TERMS OF REFERENCE

(1) To conduct contemporaneous rigorous inquiry into nature and

implications of the other backwardness qua Local Bodies, within the

Union territory of Puducherry;

(2) To ascertain the proportion of population of Other Backward Class of

citizens, in rural areas i.e., Village/Taluk/District wise and in urban areas

i.e., Ward wise in Municipal Council/Commune Panchayats and Village

Panchayats in the Union territory of Puducherry, on the basis of

records, reports, survey and other available data;

(3) To investigate such other matters as the Government may hereinafter

refer to the Commission in this context;

(4) To submit a report to the Government by recording the facts and

observations and thereby making suitable recommendations;

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online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.

Further the Commission may-

(a) obtain such information or statistics as considered necessary for the

purpose of the Commission in such form and manner as it deems

appropriate from various authorities, organizations or individuals as

may in the opinion of the Commission be of assistance;

(b) avail opinion of experts and researchers by holding meetings with them

and also get assistance of research institutions as and when felt

necessary for analysis of the empirical data and also for the efficient

and qualitative functioning of the Commission;

(c) visit such parts of the Union territory of Puducherry, as it may be

deemed necessary or convenient for obtaining any information or data

or documents or otherwise;

(d) record the evidences and contentions lead by the individuals as and

when found necessary during the course of investigation;

(e) to determine the quantum of reservation required to be provided local

body wise and in any case such reservation shall not exceed aggregate

of 50 per cent of the total seats reserved in favour of SCs/STs/OBCs

taken together;

(f) the Commission may also take a decision as deemed necessary for

arriving at reasonable conclusions to achieve the objects of reservation.

The Secretariat (Local Administration) shall arrange to provide necessary

infrastructure including staff and funds to the Commission for the above said

purpose.

Justice Mr. K. K. Sasidharan, Judge (Retired), High Court of Judicature at

Madras, per month shall be paid with a salary equivalent to the salary last pay

drawn minus pension. An air conditioned Innova Car will be provided to Justice

Mr. K. K. Sasidharan, till the submission of the report to the Government.

(By order of the Lieutenant-Governor)

RAVIDEEP SINGH CHAHAR,

Joint Secretary to Government

(Local Administration).

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