LexThe Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978
Assam · state statute
Open in Lexace · Ask the AI about this actRegistered No. A-12
·rhe Assarn Gazettt.
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EU:R.A.ORDIN ARY
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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.)
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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 here by 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
candi dates belon ging 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 five for Scheduled Tribes
(Hills) in Grade-II and III of tbe Service.
(b) Fees, if any, ptescribed for any examinations for selec
tion to any service or post shall be reduc ed to half in .,he
case of candidates belonging to the Scheduled Castes o,. Sche
duled Tribes,
(c) The members of the S_;hedult d Castes and the Sche
duled Tribes shall be entitled to a concessi on of three vears over
the prescribed maximum sge limit for appointme r ~t to any
service or post.
Rcsorvation 5. Reservation for membe rs of Scheduled Castes and Sche-
for Schedu- duled Tribes in vacancies to be filed up by prom c 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 memb ers 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 measur es 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 maintaine d 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 ser vice or J J o~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
contr avention 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 Govern ment may a ho draw
up pr ocee dings 2 gainst th e respective Head o f the Depart
ment asking for show CB:use and for fur ther pun ish1· ent :
Prov ided that noth ing cont ained In this Section shall
apply in rela ti on to an app oin tment to any service or post
of which the appointin g a11thor ity is the Governo r
C og niz ance 8. No prosecution for an offence under this ,\ ct shall be
of O ffence s. institut ed ex c ep ~ by, o r w ith the sancti on of the Sta te Govern
ment .
Protection
of action
tak en in
good faith.
9. ~o sui t, pro secution or oth e1 legal pro ceening shall
lie a gainst any person for an ything which is i n go0d faith
do ne or intende d to be done u r.der th is Act .
Remov ai of I 0. If any difficulty arises in giving effect to the provisions of
difficulti es, 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.
S ch~d u l e
s b . . 12.(1) Every appointing authority shall maintain such re
·0~ ;;:~~r cords as may be prescrib ed by rules made in this behalf and shall
Report furnish to the State Government in the prescribed manner an
mai nte nance annual report on the appointments made by it . during the pre-
of oth er vious financial year .
records and ( ) ffi h · d G · in spection 2 Any o cer aut onse by the State overnment m that
rher eon. behalf may ins pect 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) N otwithstan ding anything contained in the Assam Ci vil
~ ervic es (Conduct ) Rules, 1965, any member of an y Schedule d
Castes or an y S ched uled Tribe s who is adversel y affected on
accoun t of non-com pliance with the provision s of this Act or
the rules made thereunder by any appointin g authority . ma y
bring the .act to the notice ot the State Gov ern ment and up
on a pplication made by him 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 purp oses 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) F orm in which evory establishment shall submia
ann ual r epo rt to the State Government regarding
the nu mber of person recruited in such e ~ tablishment .
(b) Any otbet matter which has to be or may be
prescribe d by r ulos made in t his behalf.
THE SCHEDULE
(Seo Section 4 }
The reservation for the mem bers of the Scheduled Castes and
the Sch ed uled Tribe s in service s or posts in an establishment
shall be given effect to in the followin g manner , namely:- -
(i) A ro ~ t e r of tweoty vaci.ncie s will be nece1sary to give effect
to the reservat ion of vaca n cie ~ for the Sche duled Castes and tltc Sche
duled Tr i b ~ s . The roi;Ler given bel0w shall be adopted for the pu11-
p '.)se by each es1ablishment.
l:, t Vacanc y Scheduled Tribe1 (Plains}.
2nd Vacancy Unreserved.
3ro Vaca ncy Scheduled Cal'tt'I .
4t h Vacancy Unreserved .
5th Vacclncy Unreserved.
6th Vacancy Unreserved.
7th Vacancy Scheduled Tribe1 (Hilla).
8th Vacancy Unreserved.
9th Vaca ncy Unreserved.
10th Vaca ncy 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 Unres erved.
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 aigned 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 'rea ted as un reserved
the candidate appointed shall uct shown against the point. An attempt
1hall be made at the time of filling each successive unres erved 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