LexThe Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005
Assam · state statute
Open in Lexace · Ask the AI about this act,h jj \3° - 'Ivbk/cB 1 Registered No. 768/9* 'SPIT W l4 « t J l t l c l Thst'Tn THE ASSAM GAZETTE EXTRAORDINARY w r t R n t e PUBLISHED BY THE AUTHORITY T° 206 A P T 21 C T ’, 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:: LEGISLAT IVE 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 in formation . 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 bot h socially, educationally and economically backw ard and are not adequately represente d in the services and posts w ithin the State of Assam ; And whereas it is expe dient to pro vid e for rese rvation of vacancies in services and posts in order to bring them at per with men. It is hereby enacted in the Fifty sixth Year o f the Republic o f India as follows :- sh ort 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 of A ss am ,. (3) It shall come into force at once. D ef in itio ns . 2. In this Act, unless the context o therwise requires, -- (a) “Appointing Authority” , in relation to a ser vice or post in an establishmen t,means the a utho rity empowered to make appointment to such service or po sts ; (b) “Es ta bl ishm en t” means an y of fic e o f th e Sta te Government, a local or statu tory 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 tne paid-u p share cap ital is held by the State Gov ernment and inc lud es Un ive rsitie s, College s affiliated to the Universities, Primary, Secondary and Mu ltipurpose scho ols and also othe r educational institutions which are owned or aided by the State Government and also includ es an estab lishm ent in Public Se ctor ; (c) “Establishment 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 cen tral Act. 617 o f the Com panies Act, 1956 or a 1 o f 1956 Corporation established 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 authority, constituted under any State Act for the time being in force ; K THE ASSAM GAZETTE, EXTRAORDINARY, MAY 21, 200 5 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 lis hm en t in pr iv at e se ctor ” means any industry, trad e,busines s or occupat ion which is not an e stab lish ment i n publ ic Se ct or ; (e) “Schedule” m eans the Sched uled appended to this Act. 3. T his A ct shall not apply in relat ion to — (a) any em ploy ment under the Cen tral G overn me nt; (b) a ny employment in the Ass am Judicia l Se rvice Grade - 1 . 4. A t the com men 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 po sts in the establishment which are to be filled up by direct rec ruitment shall ’ be reserv ed for the w omen candidates : Pro vided that the afores aid reserv atio n shall b e inclusive o f the res erv ation pro vided statutorily or oth erw ise to the Sche duled Castes, Sc heduled Tribes (Plains), Sc hedules Trib es (Hills). Other Bac kward Classes. More Other Backwa rd Cla sses and persons with disabilitie s w ithin the resp ecti ve reserv ed ca tego ry: Pro vided fu rthe r that 30 per cen t reserva tion o f the vacancies in res pect of the Women for th e r em ain ing unreserv ed Cate gory of can dida tes shall be available to the Women o f unreserved category only. 5. If the State Governm ent is o f the opi nion th at i t is n ot nece ssary to reserv e certain s pecialized se rvices and pos ts for Women in view o f the specialized qua lification or exp erienc e requ ired in resp ect o f su ch se rv ices and po sts , the Stater Gov er nm en t may , by notificatio n in the Official Gaz ette, exem pt suchs erv ices and pos ts from the pu rvie w of this Act. 6. If any App ointing Authority makes an appo intm ent in contravention o f the provision of section 4, he shall b e liable to be punished with fin e wh ich ma y extend to rep ees one thou sand and the State Government may also draw up disciplin ary proceeding against him and after giv ing him a reasonable opportunity o f being heard, may inflict such pun ishm ent as may deem fit and pro per as per the Assam S ervices (discipline and Ap peal ) R ule s 1964. 7. No pro sec ution for an offence und er this Act shall be instituted excep t by, o r with the s anction of the State Go vernment. 8. No suit, prose cution o r othe r legal pro cee din g sha ll lie against any perso n fo r any th ing whic h is in good fai th do ne o r intended to be done un der this Act. 9. I f any dif ficu lty arises in giving effect to the p rovisio ns o f this Act, the State Governme nt may ta ke such step s or issu e such orders no t inconsist ent with the prov isi on s o f this Ac t, as the State Go ver nm ent ma y 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 inspection thereon. The State Government to make rules. 10. (1) The a ppoin ting a uthority shall mainta in such records as may be pres cribed by ru les m ade in this b eh alf and shall furn ish to the State Govern ment in th e pre scr ibe d manner an nually a rep ort of ap pointm ents mad e by it in the prev iou s financia l , year. (2) A ny offi cer authorize d b y the S tate Go ver nm ent in th is be ha lf ma y in spect any rec ord s or docume nts which are maintain ed in re la tion to ap po in tm en t made by su ch A pp oi nt in g Auth ority . (3) It shall be the du ty of the Appo inting Aut hor ity to produce such records or documents for inspection b y the office r a uthorised under sub-section (2) and furnish such information or afford such assistance as m ay be necessary for him to carry out his functions un der this Act. 11. (1) The State Governmen t may make rules for carrying out the purp oses o f this Act. (2) Ev ery 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, while it is in ses sio n for a tota l perio d of f ourteen day s wh ich ma y 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 sio n or the successive sessions afo res aid , the State Legislature agree in m akin g any modification in the rule or the State Legislature agrees that the rule shou ld not be made, the rule shall thereafter have effect on ly in such mo dified form or be o f no effect, a s the case may be : Provided however that any such modification or annulmen t shall be withou t prejudice to the validity of anything previously done under the rule. M . K. DEKA, C om m is si on er & Secy, to th e Gov t, of A ss am , L eg is la tive D ep art m en t. GUWAHATI- Printed & Published by the Dy. Director (P&S), Dire ctora te of Ptg. & Sty., Assam, Guwahati-21, (Ex-Gazette) No. 41 1 -500-600-21 -5-2005.