REGISTERED NO. DL-(N )04/0007/2003-05
रजिस्ट्री सं० डी० एल०(एन )04/0007/2003-05
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II - खण्ड 2 .
PART II Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, बुधवार, दिसम्बर 22, 2004/ पौष 1, 1926
25]
NEW DELHI, WEDNESDAY, DECEMBER 22, 2004 /Pausha 1, 1926
No. 25]
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation.
RAJYA SAВНА
The following Bill was introduced in the Rajya Sabha on 22nd December 2004:-
BILL NO . LX OF 2004
ABilltoprovide for reservation ofposts in civil services for members ofthe Scheduled Castes, Scheduled Tribes and Other Backward Classes in establishments and for matters connected therewith or incidental thereto .
BE it enacted by Parliament in the Fifty- fifth Year of the Republic of India as follows:-
1. (1) This Act may be called the Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation in Posts and Services)Act, 2004.
Short title , application and commence- ment.
(2) It shall apply to every establishment.
(3) It shall come into force on such date as the Central Government may, by notification inthe OfficialGazette, appoint.
Definitions .
2. In this Act, unless the context otherwise requires ,-
(a)" appointing authority" , in relation to a service or a post in an establishment, means the authority empowered to make appointment to such service or post ;
(b) "backlog of reserved vacancy" means a vacancy which was earmarked as reserved in an earlier recruitment year but remained unfilled;
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- (c) " creamy layer " means those members of Other Backward Classes who constitute the forward section from amongst such Backward Classes ;
(d) " establishment " means-
(1) any office or department of the Government;
(ii) any public sector undertaking or statutory authority constituted under any Central Act;
(iii) acorporation in which not less than fifty- one per cent . of the paid-up share capital is held by the Government ;
(iv) a university established by a Central Act and its affiliated colleges , including medical or engineering colleges;
(v) primary and secondary schools and other educational institutions which are owned or aided by the Government;
(vi) any industry, trade , business or occupation owned, controlled or managed by the Government;
1 of 1956.
(vii) any Government company as defined in section 617 of the Companies Act , 1956 or any corporation established by or under a Central Act; and
(viii) any autonomous body or other institution receiving money from the Consolidated Fund of India or grant- in- aid from the Government;
(e) " Government " means the Government of India;
(1) "Group A or Group B or Group C or Group D post " means a post which is classified as such by the President in exercise of the powers conferred by the proviso to article 309 of the Constitution and includes an equivalent post in other establishments;
(g) "Other Backward Classes " means the castes and communities notified as Other Backward Classes by the Government;
(h) "prescribed" means prescribed by rules made under this Act;
(1) "promotion by non -selection" means promotions made by seniority - cum- fitness;
(1) "promotion by selection" means promotions made by merit- cum-seniority;
(k) " recruitment year " means the calendar year for which a recruitment is made;
(1) "reservation" means the reservation in posts and services for the Scheduled Castes , Scheduled Tribes and Other Backward Classes;
(m) "Scheduled Castes" and " Scheduled Tribes " shall have the same meanings assigned to them respectively under clause (24) and clause (25) of article 366 ofthe Constitution;
(n)"scientific or technical posts " include posts for which qualifications in the natural sciences or exact sciences or applied sciences or technology are required and the incumbents of such posts have to use that knowledge in the discharge of their
duties. 3. ( 1) There shall be reserved such percentage of posts in civil services as may be prescribed for the members of the Scheduled Castes , Scheduled Tribes and Other Backward
Reservation in direct recruit- ment and pro- motion.
Classes for appointment by direct recruitment to such posts:
Provided that the members ofthe Other Backward Classes falling in the creamy layer shall not be deemed tobe as members ofthe Other Backward Classes for the purpose of this Act.
(2) There shall be reserved such percentage of posts in civil services as may be prescribed for the members of the Scheduled Castes and Scheduled Tribes for appoint- 3
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2]
J ments by promotion to the grades of such posts where element of direct recruitment does not exceed seventy- five per cent. and where posts are filled by promotions-
(a) through limited departmental competitive examination in Group B , Group C andGroup D posts;
(b) by selection from Group B post to Group A post or in Group B ,Group C or Group D posts; and
(c)by non-selection in Group Aor Group B or Group C or Group D posts .
(3) Inthe case ofpromotions by selection from one Group Apost to another Group A post which carries the scale of pay, maximum ofwhich is equal to the maximum ofthe scale ofpay of a Director in the Central Secretariat Service or equivalent posts in other establish- ments , the Scheduled Caste and the Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up , shall be included in the select list provided they are not found unfit to hold the post.
(4) All the vacancies reserved for the members of the Scheduled Castes , Scheduled Tribes and Other Backward Classes under sub - sections (1 ) and (2) shall be filled in such manner as may be prescribed.
No reservation in certain cases .
4.Notwithstanding anything contained in section 3 , there shall be no reservation where appointments are made---
(1) for aperiod of less than forty-five days;
(ii) for the work charged posts;
(iii) for the posts higher than the lowest grade ofGroup A post and classified as scientific or technical, which are required for conducting research or for organising , guiding and directing research .
Explanation. For the purposes of clause (ii) , " work charged posts " means such posts which are required for any emergency relief like flood relief work or accident restoration reliefwork.
5.(1) Recruitment to an unreserved vacancy shall be open to any eligible candidate including a candidate belonging to the Scheduled Castes or Scheduled Tribes or Other Backward Classes .
Unreserved vacancies to be filledby members of the Scheduled Castes, etc. (2) Where an unreserved vacancy is filled by a candidate belonging to a Scheduled Caste or Scheduled Tribe or an Other Backward Class on the basis of merit, either by direct recruitment or by promotion, then such candidate shall not be adjusted against the vacancy reserved for the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes , as the case may be:
Provided that promotions made by the method ofnon -selection shall not be treated as made on the basis of merit .
Relaxation of age, etc. 6.(1) The maximum age limit fixed for direct recruitment to a service or post shall be increased by five years in the case of a candidate belonging to the Scheduled Castes and Scheduled Tribes .
(2) The maximum age limit fixed for direct recruitment to a service or post shall be increased by three years in the case of candidates belonging to the Other Backward Classes.
(3) The maximum age limit fixed for proinotion to a grade , ifany, shall be increased by five years in the case of candidates belonging to the Scheduled Castes and Scheduled Tribes:
Provided that the maximum age limit so fixed is not more than fifty years .
Fee to be paid.
7. The examination fee and application fee fixed for recruitment to a service or post through competitive examination or otherwise may be reduced to such extent for the members of the Scheduled Castes and Scheduled Tribes , as may be prescribed.
4
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
Relaxation in qualifications regarding experience.
8.( 1 ) The qualification regarding experience required for direct recruitment to a post maybe relaxed in the case of members of the Scheduled Castes , Scheduled Tribes and Other Backward Classes , if, at any stage of selection, sufficient number of candidates from such communities possessing the requisite experience are not likely to be available to fill the vacancies reserved for them.
(2) Any general standard of suitability for direct recruitment may be lowered in the case ofmembers belonging to the Scheduled Castes , Scheduled Tribes and Other Backward Classes , if sufficient number of candidates belonging to these communities are not available on the basis of the general standards to fill all the vacancies reserved for them:
Provided that no candidate who is found unfit to hold the post shall be appointed.
Operation of reservation in case of promotionby non-selection .
9.(1) Where a qualifying examination is held to determine the fitness ofcandidates for promotions by method of non -selection but sufficient number of candidates belonging to the Scheduled Caste and Scheduled Tribe with general qualifying standard are not available to fill the vacancies reserved for them, the qualifying standard may be lowered consistent with the minimum standard of fitness for appointment to the post in the case of candidates belonging to the Scheduled Castes and Scheduled Tribes .
(2) Where merit is determined by qualifying examination in promotion by selection but sufficient number of candidates belonging to the Scheduled Castes and Scheduled Tribes with general qualifying standard are not available to fill the vacancies reserved for them, the qualifying standard may be lowered consistent with the minimum standard of merit for appointment to the posts in the case of candidates belonging to the Scheduled Castes and Scheduled Tribes .
10. Total number of vacancies reserved for the members of the Scheduled Castes , Scheduled Tribes and Other Backward Classes in a cadre in a recruitment year shall not exceed fifty per cent. of the total number of vacancies in the cadre:
Reservation not to exceed fifty per cent . ofthe vacancies .
Provided that the backlog of the reserved vacancies for the Scheduled Castes and Scheduled Tribes shall not be counted while determining the aforesaid fifty per cent. of the total number of vacancies in the cadre.
Explanation. For the purposes of this section , " cadre " means such posts in any grade of a service which are earmarked to be filled by direct recruitment, promotion by selection or promotion by non- selection, as the case may be .
11. ( 1 ) The vacancies reserved for members of the Scheduled Castes or Scheduled Tribes or Other Backward Classes in the matter of appointments by direct recruitment shall not be filled by candidates not belonging to the Scheduled Castes or Scheduled Tribes or Other Backward Classes , as the case may be .
Appointments forreserved vacancies to bemade by candidates from reserved categories.
(2) The vacancies reserved for members of the Scheduled Castes or Scheduled Tribes in the matter of appointment by promotion shall be filled only by the candidates belonging to the Scheduled Castes or Scheduled Tribes , as the case may be .
Abolition of posts not to affect the num- berof reserved posts .
12. Where posts in a cadre are to be abolished and the employees are required to be surrendered or their services are required to be terminated as a result thereof, a Scheduled Caste or Scheduled Tribe or an Other Backward Class employee shall not be surrendered or his services shall not be terminated if it results in lowering the representation of the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes , as the case may be, in relation to percentage of reservation fixed for them.
Linison Officers to be appointed.
13.( 1) In every Ministry or Department of the Government, an officer of such rank as may be prescribed , shall be designated to act as the Liaison Officer to ensure that the provisions of this Act or the rules made thereunder or instructions issuedby the Government regarding reservation are not violated in any establishment .
.(2) In offices under the control of Heads of Department, an officer of such rank as maybe prescribed, shall be designated to act as the Liaison Officer to ensure that the provisions of this Act or the rules made thereunder or instructions issued by the Government about reservation are not violated in the office.
5
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
(3) Where any case of negligence or lapse in relation to providing reservation for members of the Scheduled Castes or Scheduled Tribes or Other Backward Classes come to the notice of the Liaison Officer during the course of the inspection carried out hy him, or otherwise, he shall submit his report to the concerned Secretary to the Government or to the Head of the Department, as the case may he , and that Secretary or Head ofthe Department, shall issue appropriate orders in the matter to the concerned appointing authority .
Report to be made by every appointing authority.
14. (1) Every appointing authority or any other officer authorised by him in this behalf shall maintain such records or documents , and furnish every year to the Government a report on the appointments made by direct recruitment and promotions, in such manner and at such time , as may be prescribed.
(2) The Government may hy order authorise any officer to inspect the records or documents maintained under sub - section ( 1 ) to verify the report furnished to it in relation to appointments made by direct recruitment or by promotion.
(3) It shall be the duty of the appointing authority or of any other officer authorised by the appointing authority in this behalf to make available such records or documents to the authorised officer to inspect the records or documents and to furnish such information and render such assistance to the authorised officer to inspect as may be necessary for carrying out his functions under this Act.
for Penalty making false claim.
15.Whoever knowingly makes a false claim that he is a member of the Scheduled Caste or the Scheduled Tribe or the Other Backward Class, as the case may be, and whoever knowingly issues a false certificate to this effect, shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to fifty thousand rupees , or with both.
Power to give directioos .
16. TheGovernment may, from time to time , give such directions to the establishments as it may deem fit, to give effect to the provisions ofthis Act, and every establishment shall be bound by such directions .
memoranda lo continue. Existing office 17. All memoranda issued or purported to have been issued immediately before the commencement of this Act by the Central Government in relation to reservation of posts in civil services for the Scheduled Castes , Scheduled Tribes and Other Backward Classes shall, in so far as they relate to matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have been issued under this Act as ifthis Act had been in force on the date on which such memoranda were issued and shall continue in force unless and until they are superseded by any rule made under this Act.
Power to make rules.
18.(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act .
(2) Inparticular and without prejudice to the generality ofthe foregoing power, such rules rnay provide for all or any of the following matters, namely:-
(a) the percentage of reservation for the members of the Scheduled Castes , Scheduled Tribes and Other Backward Classes for appointment by direct recruitment to posts under sub -section ( 1 ) of section 3;
(b) the percentage of reservation for the members of the Scheduled Castes and Scheduled Tribes for appointments by promotion to the grades of posts under sub- section (2) of section 3 ;
(c) the manner of filling vacancies reserved for the members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes under sub-section (4) of
section 3;
(d) the examination fee and application fee to be paid by the members of the Scheduled Castes and Scheduled Tribes under section 7;
(e) prescribing the carry forward method for reserved vacancies;
[PART II-
THE GAZETTE OF INDIA EXTRAORDINARY
(f) prescribing for the rank of the officer in every Ministry or Department and in the offices under the control of Head of Department to be designated as the Liaison Officers under sub - sections ( 1 ) and (2) of section 13 ;
(g) the records or documents to be maintained , reports to be furnished on appointments and promotions made, the time within which and the manner in which the report be furnished by the appointing authority under sub - section ( 1 ) of section 14; and
(h) any other matter which is required to be , or may be, prescribed.
(3) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made , before each House of Parliament, while it is in session , for a total period ofthirty days which may be comprised in one session or in two or more succes- sive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made , the rule shall thereafter have effect only in such modified form or be ofno effect , as the case may be; so , however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule .
7
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
STATEMENT OF OBJECTS AND REASONS
Sensitive to the need for providing adequate representation for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes in civil services and posts under the control of Central Government, the Government resolved to enact a Reservation Act to codify instructions on reservation . At present, administrative instructions issued by the Central Government, from time to time, provide for reservation to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes in civil services and posts under the control of Central Government. Instructions have also been issued to provide for reserva- tion in promotion for the Scheduled Castes and the Scheduled Tribes and for matters connected therewith and incidental thereto . These instructions have been issued in pursu- ance of clauses (4) and (4A) ofthe article 16 and the proviso to article 335 ofthe Constitution of India which empower the State to make provisions for reservation in favour of the Scheduled Castes , the Scheduled Tribes and the Other Backward Classes to ensure their adequate representation in the services and posts under the State.
Statutory backing to instructions on reservation will elevate the provisions of the reservation to a statutory right and will instill greater confidence amongst members of the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes . It will go a long wayinmeeting the constitutional goal ofsecuring justice, liberty and equality for all citizens ofthe country and in promoting fraternity amongst them all.
The Bill seeks to achieve the above objects .
SURESH PACHOURI .
1 8
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-SEC . 2]
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 18 ofthe Bill empowers the Central Government to make rules to provide for-
(a) the percentage of reservation for the members of the Scheduled Castes, the Scheduled Tribes and Other Backward Classes for appointment by direct recruitment to the posts;
(b) the percentage of reservation for the members of the Scheduled Castes and the Scheduled Tribes for appointments by promotion to the grades of posts ;
(c) the manner of filling vacancies reserved for the members of the Scheduled Castes , the Scheduled Tribes and Other Backward Classes ;
(d) the examination fee and application fee to be paid by the members of the Scheduled Castes and the Scheduled Tribes;
(e) the carry forward method for reserved vacancies ;
(f) designation of the Liaison Officers ; and
(g) the maintenance of records , reports and other documents .
2. The matters in respect of which rules may be made are matters of administrative details and procedure and , it is not practicable to provide for them in the Bill itself. The delegation of legislative power is , therefore , of a normal character.
YOGENDRA NARAIN, Secretary-General.
PUBLISHED BY SECRETARY GENERAL, RAJYA SABHA UNDER RULE 68 OF THE RULES OF PROCEDURE
AND CONDUCT OF BUSINESS IN THE RAJYA SABHA .
MGIPMRND-4098GI ( S3 )-09-06-2005.