The Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005

,h jj \3° - 'Ivbk/cB 1 Registered No. 768/9* 'SPIT Wl4«t Jltlcl Thst'Tn THE ASSAM GAZETTE EXTRAORDINARY w r t R n t e PUBLISHED BY THE AUTHORITY T° 206 A P T 21 CT’, 2005, 31 W * , 1927 (*l^) No. 206 Dispur, Saturday, 21st May, 2005, 31 st Vaisakha, 1927 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT:: LEGISLATIVE BRANCH NOTIFICATION The 18th May, 2005 No. LG L. 17/2 005 /20 .—The following Act o f the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. 1674 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 21, 2W5 ASSAM ACT NO. XXIX OF 2005 (Received the assent of the Governor on 13th May, 2005) THE ASSAM WOMEN (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 2005 AN ACT to provide for reservation of vacancies in services and posts for woman in the State of Assam. Preamble. Whereas woman in the State of Assam are both socially, educationally and economically backward and are not adequa tely represente d in the services and posts w ithin the State of Assam ; And whereas it is expe dien t to pro vid e for rese rvat ion of vacancies in services and posts in orde r to bring them at per with men. It is hereby enacted in the Fifty sixth Year o f the Republ ic o f India as follows :- short tit le, 1.(1 ) This Act may be called The Assam Women (Reservation extent and of Vacancies in Services and Pos ts) Act. 2005,commencement ' (2) It extends to the whole o f A ss am ,. (3) It shall come into force at once. Definitions. 2. In this Act, unless the context o therwise requires, -- (a) “Appointing Authority” , in rela tion to a service or post in an establ ishmen t,means the autho rity empowered to make appoin tment to such se rvice or posts ; (b) “Es tabl ishm en t” means an y of fic e o f th e Sta te Government, a local or statu tory authority constitu ted under any State Act, for the time being in force or a Corporation in which not less than fi fty-one per cent of tne paid-up share cap ital is held by the State Gov ernment and inc lud es Un ive rsi tie s, Col leges affiliated to the Univers ities, Primary, Secondary and Multipurpose scho ols and also othe r educational institutions which are owned or aided by the State Government and also includes an estab lishm ent in Public Se ctor ; (c) “Estab lishment in public secto r” means any industry, trade, business or occupation owned, controlled or managed by — (i) the State Governm ent or any department of the State Government, or ' (ii) a Government Com pany as defined in section central Act. 617 o f the Com panies Act, 1956 or a 1 o f 1956 Corporation establi shed by or unde r a Central or State Act, in which not less than fifty one percent of the paid-up share capital is held by the State Government, or (iii) a local or statutory authori ty, consti tuted under any State Act for the time being in force ; K THE ASSAM GAZETTE, EXTRAORDINARY, MAY 21, 2005 1675 Act not to apply in relation to certain employments. Reservation for women m vacancies to be filled up by direct recruit­ ment Power to exempt Penalty. Cognizance o f offences. Protection of action taken in good faith. Removal of difficulty. (d) “Es tab lishm en t in pr ivat e se ctor ” means any industry, trad e,busines s or occupat ion which is not an e stab lishment i n publ ic Se ctor ; (e) “Schedu le” m eans the Sched uled appended to th is Act. 3. This A ct shall not apply in relat ion to — (a) any employ ment under the Cen tral G overn me nt; (b) any employment in the Assam Judicia l Se rvice Grade - 1. 4. A t the commen cem ent o f this Act, 30 perce nt o f the vacancies in re sp ec t of all appo int me nts to the service s and posts in the establ ishment which are to be fill ed up by d irect rec ruitment shall ’ be reserv ed for the w omen candidates : Pro vided that the aforesaid reservatio n shall b e inc lusive o f the reserv ation pro vided statutorily or oth erw ise to the Scheduled Castes, Sc heduled Tribes (Pla ins) , Sc hedules Trib es (Hills). Other Bac kward Classes. More Other Backwa rd Cla sses and persons wi th disabi litie s w ithin the resp ecti ve reserved ca tego ry : Pro vided fu rthe r that 30 percen t reserva tion o f the vacancies in respect o f the Women for th e r em ain ing unreserved Cate gory of candida tes shall be availab le to the Women o f unreserved ca tegory only. 5. I f the State Government is o f the opinion th at i t is n ot necessary to reserve certa in s pecialized se rvices and pos ts for Women in view o f the special ized qua lification or exp erienc e requ ired in resp ect o f su ch se rv ices and po sts , the Stater Gov ernm en t may , by not ificatio n in the Official Gaz ette, exempt suchs erv ices and pos ts from the pu rview of this Act. 6. I f any App oint ing Authority makes an appo intm ent in contravent ion o f the provision of section 4, he shall b e liable to be punished with fine wh ich ma y extend to repees one thou sand and the State Government may also draw up disciplin ary proceed ing against him and af ter giv ing him a reasonable opportuni ty o f being heard, may inf lic t such pun ishm ent as may deem fit and pro per as per the Assam Services (disc ipline and Ap peal ) R ule s 1964. 7. No pro sec ution for an offence under this Act sha ll be insti tuted excep t by, o r wi th the s anct ion of the State Go vernment. 8. No sui t, p rose cut ion o r othe r legal procee ding sha ll lie against any perso n fo r any th ing which is in good fai th do ne o r intended to be done un der this Act. 9. I f any dif ficu lty ari ses in giving effect to the p rovisions o f this Act, the Sta te Governme nt may take such step s or issue such o rders no t incons ist en t with the prov ision s o f thi s Ac t, as the State Go ver nm ent may consider nec essary for rem oving the difficulty. 1676 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 21, 20. - Subm ission of tjinual report maintenance o f other records and inspect ion thereon. The State Government to make rules. 10. (1) The a ppoin ting a uthori ty shall mainta in such records as may be prescribed by ru les m ade in this b eh al f and sha ll furn ish to the State Government in the pre scr ibed manner annually a rep ort o f ap pointm ents mad e by it in the prev iou s financia l , year. (2) Any offi cer au thorize d by the S tate Gover nm ent in th is be ha lf ma y in spect any records or documents which are maintain ed in re la tion to ap po in tm en t made by such A pp oi nt in g Auth ority . (3) I t sha ll be the du ty of the Appo inting Author ity to produce such records or documents for inspection b y the of fice r authorised under sub-sect ion (2) and furnish such information or afford such assis tance as m ay be necessary for him to car ry out his functions under this Act. 11. (1) The State Governmen t may make rules for car rying out the purp oses o f this Act. (2) Every rules m ade und er this section shall be laid, as soon as may be afte r it is m ade before the State Legislature, whi le it is in ses sio n for a tota l perio d of fourteen day s wh ich may be com pris ed in one session o r in two or more successive sessions and if befo re the expiry o f the sessions imm edia tely following the ses sion or the successive sessions afo res aid , the State Leg isla ture agree in making any modification in the ru le or the State Legis lature agrees tha t the rule shou ld not be made, the rule shall thereafter have effect on ly in such mo dif ied form or be o f no effect, a s the case may be : Provided however that any such modification or annulmen t shal l be withou t prejudice to the validi ty of anything previous ly done under the rule . M. K. DEKA, C om m ission er & Secy , to th e Gov t, o f A ssam , L eg is la tive D epart m en t. GUWAHATI- Pr inted & Publ ished by the Dy. Director (P&S), Directora te of Ptg. & Sty., Assam, Guwahati-21, (Ex-Gazette) No. 411 -500-600-21 -5-2005.