The Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978

Registered No. A-12 ·rhe Assarn Gazettt. Ql'll~~q EU:R.A.ORDIN ARY ~w Cl5f"n qm 2141~ PUBLISHED BY AUTHORITY if~ 128 ~~. <.'ff'i~llf. 28 Df, 1979, 7 ~. 1901 (~) No. 128 Dispur, Monday, 28th May, 1979, 7th Jyaistha, 1901 (S. E.) ---------- GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT -- NOTIFICATION The 28th May, 1979 No. LGJ.,, 120/77/55.-The following Act, of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. 786 l'HE ASSAM GAZETTE, EXTRAORDINARY. MAY 28, 1979 ASSAM ACT XII OF 1979 (Received the assent nf the Governor on 23rd May, 1979). THE A~SAM SCHEDULED CASTES AND SCHEDULED TRIBES (RE~ERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 1978 AN ACT to provide for reservation of vacancies in services and posts for the members of the Scheduled Castes and Scheduled Tribes. Preamble. WHEREAS the members of the Scheduled Castes aad Sche- Short title extent :and commence­ ment. duled Tribes who are Backward Classes of citizens are not adequately represented in the service1 and posts within the State: AND WHEREAS it is expedient to provide far the reservation of vacancies in services and posts for them ; It is hereby enacted in the Twenty-ninth Year of the Republic of india. by the Legislature of Assam, a1 follows ;- 1. (I) This Act may be called the Assam Scheduled Castes and Scbedulec.l Tribes (Reservation of Vacan· cies in Services and Posts) Act, 1978. (2) It extends to the whole of Assam. (3) It shall come into force on such date as tho State Government may, by notification in the official Gazette, appoint. Definitions. 2. In this Act, unless th.o context otherwise requirct,- (a) "Appointing authority", In relation to a service or post in an establishment, means the authority em· powered to make appointment to such service or post; THE ASSAM GAZETTE, EXTRAORDINARY, MAY 28. 19i9 787 Act not to 3. apply in relation to certain employment•. (b) "Establishment" means any office of the State Gov­ ernment, a local or statutory authority constituted under any State Act for the time being in force or a Corporation in which not less than fifty-one per cent. of the paid-up share capital is held by the State Government and includes Universities and Colleges affiliated to the UniYersities, Primary, Se­ r:ondary and Multipurpose Schools and also other educational instimtions which are owned or aided by the State Government and also includes an establishment in Public Seclor; (c) "Establishment in public sector" means any indus­ try, trade, business or occupation owned, con trolled or managed bv- (i) The State Government or any deµartment o f the State Government, or (ii) A Government Company as defined in 5ection 617 of the Companies Act, 1956 or a Corporation esta~lished by or under a Central or State Act, in which not fess than fifty one per cent. of the paid-up share capital is held by the State Oo-vernw ment, or (iii) A local or statutory authority, constituted under any State Act for the time bein1 ia force ; (d) "EstabHshment in private sector" means any indus­ try, trade, business or occupation which is not an establishment in Public Sector ; <e) "Schedule" means the Scheduled appended to this Act. Thia Act shall not apply in relation to~ (a) any employment under the Central Government; (b) any ('mployment in the Assam Judicial Service Grade-I; ( c) any employment in domestic service. R~ervation 4. At the commencement of this Act, all appointments for Sehedn- to services and posts in the establishment which are to be filled ~:d ~~~:u. up by direct recruitment shall bl! regulated in the following led Tribes in manner, namely :- vacancies to be filed by direct recruit- ment. {a) subject to the other provisions of th;s Act, seven l'er cent. of the vacancies shall be reserved for the candidates belonging to Scheduled Castes and ten per cent. for Sc!-i edu1ed Tribes (Plains) and five per cent. for Scheduled Trit:'ies (Hills), in the manner set out in the Schedule : 788 THE ASS~M GAZETTE, EXTRAORDINARY, MAY ~S, 1979 Provided that the State Government may from time to time review the implemention of the reservation policy an.j take adequate measures including increase ef percentage, men­ tioned in Clause 4 (a) of this Bill ; Provided further that the candidates belonging to Sche­ duled Castes and Scheduled Tribes who qualify for selection on merit shall be included in the general lial and not against reserved q\lota . Provided also that in respect of the A ssam judicial Ser­ vice, the percentage shall b6 seven for Scheduled Castes and ten for Scheduled Tribes (Plains) and fi ve for Scheduled Tribes (Hills) in Grade-II and III of tbe Service. (b) Fees, if any, ptescribed for any examinations for se lec­ tion to any service or post shall be reduced to half in .,he case of candidates belonging to the Scheduled Castes o,. Sche­ duled Tribes, (c) The members of the S_;hedul t d Castes and the Sche­ duled Tribes shall be entitled to a concession of three vears over the prescribed maximum sge limit for appointme r ~t to any service or post. Rcsorvation 5. Reservation for members of Scheduled Castes and Sche- for Schedu- duled Tribes in vacancies to be filed up by promc tion in kd Castes any establishment sh .:dl b~ regulated in the following man- and Schedu- I . led Tribes ner' name y. - - in vacancie5 to be filled by promotion. (a) There shall be reservation at seven per cent. for members of the ~cbeduled Castes and ten per­ cent. for the members of Scheduled fribes (Plains) and five per cent. for the members of the Sche· duled Tribes (Hills): Provided that the State Government may from time [0 time reviw the implementation of the reservation policy and take adequate measures Including increase of r:ercentagf', men­ dvned in clause S (a) of tbis Act. (b) a separate twenty p oint r0ster in the form given in the S:::hedule shall be maintained by every establishment. Power to 6. If the State Government is cf opinion that the reser- exempt. vation for members of the Scheduled Castes or Scheduled Tribes shall not be applied to any specialised service or J Jo~t in view of the specialised qualification or experience necessary and in absence of such qualified candidates from amongst the Sche­ duled Caste and Scheduled Tribes the State Government may by notification in the Official Gazette, exempt such service or post from the provisions of this Act. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 28, 1979 189 Penalty. 7. If an appointing authority makes an appointment in contravention of the provisions of Section 4 or Section 5, he shall be punishable with fine whioh may extend to one thousand rupees and the State Government may a ho draw up pr oceedings 2 gainst the respective Head of the Depart­ ment asking for show CB:use and for further punish1· ent : Provided that nothing contained In this Section shall apply in relation to an appoin tment to any se rvice or post of which the appointing a11thority is the Governor C ogniz ance 8. No prosecution fo r an offence under this ,\ ct shall be of O ffences. instituted excep ~ by, or with the sanction of the Sta te Govern­ ment. Protection of action taken in good faith. 9. ~o sui t, prosecution or othe1 legal proceening shall lie a gainst any person for anything which is in go0d faith done or intended to be done u r.der th is Act . Removai of I 0. If any difficulty arises in giving effect to the provisions of difficulties, this Act, the State Government may take such steps or issue such orders not inconsistent with the provisions of this Act, as the State Government may consider necessary for removing the difficulty. Power to 11. The State Government may , by order publish in the am end t hp Official Gazette, add to , amend or alter the Schedule. Sch~du le s b . . 12.(1) Every appointing authority shall maintain such re­ ·0~ ;;:~~r cords as may be prescribed by rules made in this behalf and shall Report furnish to the State Government in the prescribed manner an maintenance annual report on the appointments made by it . during the pre- of o th er vious fi nancial year. records and ( ) ffi h · d G · inspection 2 Any o cer aut onse by the State overnment m that rhereon. behalf may inspect any records or document which are main­ tained in relation to appointments made by such appointing authority. 1 3) It shall be the duty of the appointing authority to pro­ duce such records or documents for inspection by the officer authorised under sub-section (2), and furnish such information or afford such assitance as may be necessary for him to carry out his functions under this Act. (4) Notwithstanding anything contained in the Assam Civil ~ervices (Conduct ) Rules, 1965, any member of any Scheduled Castes or an y Sched uled Tribes who is adversel y affected on accoun t o f non-compliance with the provisions of this Act or the rules made thereunder by any appointing authority. may bring the .act to the notice ot the State Government and up­ on a pplication made by h im the State Government may call such records or take s•1ch action thereon as it may think fi t. 790 l h .t.. ASSAM GAZETTE, EXTRAORDINARY, MAY 28, 1979 - - ----- -- Power to 13. (1) The State Government may make rules for carrying mako rules. out the purposes of this Act. (2) In particular and withoue prejudice to the generality of the foregoing power auch rules may provide fot all or any of the following matters, namely :- (a) Form in which evory establishment shall submia annual r epor t to the State Government regarding the number of person recruited in such e ~tablishment. (b) Any otbet mat ter which has to be or may be prescribed by r ulos made in t his behalf. THE SCHEDULE (Seo Section 4 } The re servation for the members of the Scheduled Castes and the Sched uled Tribes in services or posts in an establishment shall be given effect to in the following manner, namely:-- (i) A ro ~ ter of tweoty vaci.ncies will be nece1sary to give effect to the reservat ion of vacancie~ for the Scheduled Castes and tltc Sche­ duled Tr i b~s . The ro i;Ler given bel0w shall be adopted for the pu11- p '.) se by each es1ablishment. l:,t Vacancy Scheduled Tribe1 (Plains}. 2nd Vacancy Unreserved. 3ro Vacancy Scheduled Cal'tt'I. 4t h Vacancy Unreserved. 5th Vacclncy Unreserved. 6th Vacancy Unreserved. 7th Vacancy Scheduled Tribe1 (Hilla). 8th Vacancy Unreserved. 9th Vacancy Unreserved. 10th Vacancy Unreserved. 11th Vacancy Scheduled Tribes (Plains). 12th Vaeancy Scheduled Castes. 13th Vacancy Unreserved. 14th Vacancy Unreserved. 15th Vacancy Unreserved. 16th Vacancy Unreserved. 17t h Vacancy Unreserved. 18th Vacancy lm1eserved. 19th Vacancy Unre1erved. 20th Vacancy Unreserved. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 28, 1979 791 Re1cr•ation points- Schedulcd Tribes (Plains) l,ll Scheduled Cast ea 3, 12 Scheduled Tribes (Hills) 7 (ii) A register shall be maintained for giving effect to the instr11c· tions sontained in paragraph (i). (iii) Before making an appointment by direct recruitment, tho appo­ inting authority snail ascertain by consulting the regbter whether the vacancy is reserved or unreserved and if it is reserved, for whom it is so reserved. Immediately after an appoin tment ia made the par­ ticalars thereof shall be entered in tile register and ai gned by the appointing aathority. (iv) The ro,ter is a running account from year to year and shall be maintained accord;ngly. If recruitment in a particular year stop at a particular point of the cycle, say at the 4th point, recruitment in the s11bsequent year shall being at the next point i. e. at the 5th point. (v) No gap shall be left in tile roster In filling vacancies and if a reserved vacancy, say at the Sth point of the cycle, has for want ef a qualified Scheduled Caste candidate to be 'reated as un reserved the candidate appointed shall uct shown against the point. An attempt 1hall be made at the time of filling each successive unreserved vacancy to recruit a Scheduled Caste candidate but If a Scheduled Ca , te can­ didate canot still be found in the yeafl in which the vacancy is filled the reservation shall be carried forward to the following year. The first unreserved vacancy in that year shall be reserved for the Scbe - duled castes in addition to any other vacancy available to them ac­ cording to the cycle. (vi) In tile absence of a qualified Scheduled Caste/Scheduled Tribe candidate in a particula• year, tile vacancy shall be carried forward till tho requisite percentage in that cadre is filled \Ip, (vii) The roster, shall be maintained separately for permanent and temporary vacancies. ('viii) A vacancy due to whatever cause, except termination of ser· vic:e during probation, shall be treated as a fresh vacancy. (ix) A candidate who claimes to be a membel' of tho Scheduled Castes or the Scheduled Tribes shall 1pport his eandidaiure by a Cer­ tificate from a gazetted Officer or from such other authority as may be prescribed by rules made under the Act. -- U. TAHBILDAR, Secy. to the Govt. of Assam, Legislative Deptt. OAUHATI-Printed and published by the Supdt., i/c. •Q m J ovt. Printing Presa, (Ex-Ga1cttel No.255-850-800-28·5·1979