The JAMMU AND KASHMIR RESERVATION ACT, 2004

RESERV ATION ACT, 2004
(Act No. XIV of 2004)
THE JAMMU AND KASHMIR RESERV ATION ACT, 2004
(Act No. XIV of 2004)
CONTENTS
SECTION.
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions
CHAPTER II
Reservation in appointment by direct recruitment
3. Reservation in appointment.
4. Reservation not to bar appointment in open merit.
5. Vacancies to be carried forward.
CHAPTER III
Reservation in Government Service
(By Promotion)
6. Reservation in promotions.
7. Assessment of the members of the reserved categories.
8. Reservation not to bar promotion.
CHAPTER IV
Reservation in Professional Institutions
9. Reservation in professional institutions.
10. Reservation not to bar admission in open merit.
RESERVATION ACT, 2004 339
340 RESERVATION ACT, 2004
SECTION. SECTION.
———
CHAPTER V
Miscellaneous
11. Roster.
12. Preparation of the select list.
13. Authority competent to issue certificates.
14. Presentation of application.
15. Registration and verification.
16. Issuance of Certificate.
17. Appeals.
18. Revision.
19. Choice.
20. Monthly statements.
21. Duplicate certificate.
22. Penalty for contravention of the provisions of the Act.
23. Framing of rules.
24. Repeal and saving.
RESERVATION ACT, 2004 341
THE JAMMU AND KASHMIR RESERVATION ACT, 2004
[Act No. XIV of 2004]
[Received the assent of the Governor on 19th March, 2004 and
published in Government Gazette dated 23rd March, 2004].
An Act to provide for reservation in appointment, and admission in
Professional Institutions, for the members of Scheduled Castes, Scheduled
Tribes and other socially and educationally backward classes and for matters
connected therewith or incidental thereto.
Be it enacted by the State Legislature of Jammu and Kashmir in the Fifty-
fifth Year of the Republic of India as follows : —
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. ––(1) This Act may be called
the Jammu and Kashmir Reservation Act, 2004.
(2) It extends to the 1[whole of the Union territory of Jammu and Kashmir].
(3) It shall come into force from the date of its publication in the
*[Government Gazette].
2. Definitions.–– In this Act, unless the context otherwise requires,––
(a) “Act” means the Jammu and Kashmir Reservation Act, 2004 ;
(b) “Appellate Authority” means the authorities prescribed under
section 17 ;
(c) “areas adjoining the actual line of control” means the area declared
as such by the Government from time to time ;
(d) “available vacancies” means the vacancies, permanent or temporary,
in any service and includes other posts under the Government,
1. Substituted for “whole of the State of Jammu and Kashmir” by S.O. 1229(E) dated 31.03.2020.
* Now Official Gazette.
342 RESERVATION ACT, 2004
statutory authorities, autonomous bodies and Public Sector
Undertakings owned and managed by the Government ;
(e) “backlog vacancies” means those reserved vacancies which remain
unfilled for want of suitable candidates after two attempts in the
recruitment year to fill up those vacancies ;
(f) “backward area” means the villages and areas declared as socially
and educationally backward by the Government from time to time ;
(g) “Competent Authority” means the authority competent to issue a
certificate under the Act ;
1[(ga) “economically weaker sections” means such categories as may be
notified by the Government from time to time, on the basis of family
income and other indicators of economic disadvantage, other than
the classes or categories defined in clauses (m), (n) and (o) ;]
2[(h) “Government” means Government of Union territory of Jammu and
Kashmir ;]
(i) “prescribed” means prescribed by rules framed under the Act ;
(j) “Professional Institutions” means the institutions notified from time
to time, by the Government and shall initially include Government
Medical College, Srinagar/Jammu, Government Dental College,
Srinagar, Government Polytechnics, both male and female,
Government College of Education and Government College of
Engineering and Technology, Jammu ;
(k) “recruitment year” means the year in which the selection agencies
make recommendations for appointment of candidates for a
particular service or post to the appointing authorities ;
(1) “reserved categories” means the categories for which reservation
is to be made under the Act ;
(m) “Scheduled Caste” means the castes specified in the Schedule to
the Constitution (Jammu and Kashmir) Scheduled Castes Order,
1. Clause (ga) inserted by Act No. 34 of 2019, Table 2, S. No. 7.
* Clause (h) substituted ibid..
RESERVATION ACT, 2004 343
1956 made by the President under clause (1) of Article 341 of the
Constitution of India ;
(n) “Scheduled Tribe” means the tribes or tribal communities or parts
of or groups within tribes or tribal communities as specified in the
Constitution Scheduled Tribes Order, 1989 made by the President
under clause (1) of Article 342 of the Constitution of India ;
(o) “socially and educationally backward classes” mean––
(i) persons residing in the backward area ;
1[(ii) the persons residing in the area adjoining Actual Line of
Control and International Border ;]
(iii) weak and under-privileged classes (social castes), declared
as such under notification SRO-394 dated 5-9-1981 read with
notification SRO-272 dated 3-7-1982 and notification SRO-
271 dated 22-8-1988 as amended from time to time :
Provided that the Government may, 2[on the recommendations of a
Commission to be constituted by the Government in this behalf], make
inclusions in, and exclusion from, the said category from time to time :
Provided further that the persons specified below and their children
shall be excluded from the category of socially and educationally
backward classes:—
(i) Governor (serving or retired) ;
(ii) Chief Justice and Judges (serving or retired) of High Court or
the Supreme Court of India ;
(iii) Chief Minister and Ex-Chief Minister ;
(iv) Ministers and Ex-Ministers of Cabinet rank ;
(v) Ministers of State and Deputy Ministers having more than
one term ;
(vi) Chairman and members of Jammu and Kashmir Public Service
Commission or the Union Public Service Commission ;
1. Sub-clause (ii) substituted by Central Act No. 9 of 2019, s. 2, w.e.f. 01.03.2019. (For
earlier amendment see Act No. I of 2019, s. 2.)
2. Substituted for certain words by S.O. 1229(E) dated 31.03.2020.
344 RESERVATION ACT, 2004
1. Substituted for “rupees four lacs and fifty thousand” by SRO-07 dated 07.01.2019.
2. Substituted for “; and” by Act No. III of 2009, s. 2, w.e.f. 5th March, 2008.
3. Proviso inserted by Act No. III of 2009, s. 2, w.e.f. 5th March, 2008.
4. Substituted for “Actual Line of Control” by Central Act No. 9 of 2019, s. 2, w.e.f. 1st March,
2019.
5. Sub-clause (iv) inserted by Act No. I of 2019, s. 2.
6. Clause (pa) inserted by S.O. 1229(E) dated 31.03.2020.
(vii) Members of the State Legislature (elected and nominated
both) having more than one term irrespective of the period
under the second term ;
(viii) Members of All India Services ;
(ix) any person whose annual income from all sources, determined
in the prescribed manner, exceeds 1[rupees eight lacs] or such
amount as may be notified by the Government from time to
time in accordance with the prescribed norms 2[:]
3[Provided that the income ceiling shall not apply to a
person who has lived and completed entire school education from
an area identified as Backward or 4[Actual Line of Control or
International Border], as the case may be, and in case such
schooling is not available in such area, from the nearest adjoining
area ;]
(x) such other persons as the Government may notify from time
to time ;
5[(iv) the persons belonging to pahari community, clan or tribe having distinct
cultural, ethnic and linguistic identity to be identified in such manner
as may be prescribed and by such Authority as may be appointed by
the Government in this behalf ; and]
(p) “selection agency” means the agency, authority, Board or official
committee, as the case may be, prescribed for recommending
appointments or promotions or for selecting candidates for admission
to professional institutions and includes the appointing authority
wherever selections are made directly by such authority ;
6[(pa) “State" means Union territory of Jammu and Kashmir ;]
(q) “weak and under-privileged classes” mean the classes declared as
such under notification SRO-394 dated 5-9-1981 read with
RESERVATION ACT, 2004 345
1. Existing section 3 renumbered as sub-section (1) of section 3 by Act III of 2009,
s. 3, w.e.f. 5th March, 2008.
2. Word “and” omitted by Act 34 of 2019, Table 2, S. No. 7.
3. Substituted for “backward classes” ibid.
4. Clause (c) inserted ibid.
5. Substituted for “the total percentage of reservation” ibid.
6. Substituted for “Provided further that” ibid.
7. Sub-section (2) inserted by Act III of 2009, s. 3, w.e.f. 5th March, 2008.
notification SRO-272 dated 3-7-1982 and notification SRO-316 dated
18-7-1984 as amended from time to time.
(2) The words ‘service’, ‘class’, ‘category’ and ‘grade’ shall have the
same meaning as assigned to them in service rules in force in the State.
CHAPTER II
RESERV ATION IN APPOINTMENT BY DIRECT RECRUITMENT
3. Reservation in appointment. –– 1[(1)] Except as otherwise provided
hereinafter, available vacancies to the extent as may be notified by the
Government from time to time shall be reserved for appointment by direct
recruitment from amongst the person belonging to :––
(a) Scheduled Castes and the Scheduled Tribes which shall not exceed
the ratio and proportion as the population of each such category
bears to the total population of the State as per the latest available
census ; 2[x x x]
(b) socially and educationally 3[backward classes ; and]
4[(c) economically weaker sections :]
Provided that 5[the total percentage of reservation provided in clauses
(a) and (b) shall in no case exceed 50% :
6[Provided further that the reservation in appointments in favour of the
persons belonging to economically weaker sections shall be in addition to the
existing reservation as provided in this sub-section and shall be subject to a
maximum of ten percent of the posts in each category :
Provided also that] the Government shall exclude the services and posts,
which, on account of their nature and duties are such as call for highest level
of intelligence, skill and excellence, from operation of the Act.
7[(2) Notwithstanding anything to the contrary contained in any law for
the time being in force, any person appointed against any available vacancy
346 RESERVATION ACT, 2004
on the basis of his being a resident of backward area or an area adjoining
1[Line of Actual Control or International Border] shall serve in such areas for
a period of not less than seven years :
Provided that in case the post against which he has been appointed is
not available in such area, he shall be posted in the nearest adjacent
backward area.
(3) Any person who, after being appointed on the basis of reservation,
declines to serve in the reserved area as provided under sub-section (2) shall
be liable to termination from service :
Provided that no order of termination shall be issued without affording a
reasonable opportunity of being heard to such person.]
4. Reservation not to bar appointment in open merit.–– Nothing
contained in section 3 shall prevent the appointment of any person belonging
to any reserved category against unreserved vacancy on the basis of his merit
and such appointment shall not result in reduction in the number of posts
reserved for that category.
5. Vacancies to be carried forward. ––(1) Subject to the provisions
hereinafter contained, if a sufficient number of candidates is not available from
any reserved category during a recruitment process, the posts shall remain
vacant and shall be carried forward to the next recruitment process :
Provided that nothing herein contained shall prevent launching of a
special drive by a selection agency to fill the carried forward vacancies by
inviting applications exclusively from persons belonging to such category :
2[Provided further that in respect of selection of candidates for posts
under the Jammu and Kashmir Kashmiri Migrants (Special Drive) Recruitment
Rules, 2009, if the candidates are not available from any reserved category,
other than those falling under sub-clause (i) of clause (o) of section 2, the
posts earmarked for any such reserved category may be filled up from amongst
the eligible candidates in open merit category.]
(2) If in the first attempt of recruitment, suitable candidates are not
available, second attempt may be made in the same recruitment year and if
1. Substituted for “Actual Line of Control” by Central Act No. 9 of 2019, s. 2, w.e.f. 1st March,
2019.
2. Proviso inserted by Act No. VI of 2012.
RESERVATION ACT, 2004 347
even then suitable candidates are not available, the vacancies shall be treated
as backlog vacancies.
(3) In subsequent year, when recruitment is made for reserved vacancies,
the backlog vacancies shall also be notified :
Provided that the total number of reserved vacancies including backlog
vacancies shall not exceed the percentage reserved for such categories.
(4) The reserved vacancies remaining unfilled for a period exceeding
three years shall be treated as de-reserved.
CHAPTER III
RESERV ATION IN GOVERNMENT SERVICE
(BY PROMOTION)
6. Reservation in promotions.–– Except as otherwise provided in the
Act, available vacancies to the extent as may be notified by the Government
from time to time, shall be reserved in any service, class, category or grade
carrying a pay scale the maximum of which does not exceed the pay scale of the
post of Deputy Secretary to Government, for promotion from amongst the
persons belonging to the Scheduled Castes, Scheduled Tribes and other socially
and educationally backward classes :
Provided that total percentage of reservation shall not exceed 1[31%] of
the available vacancies :
Provided further that the Government shall exclude the services and
posts, which on account of their nature and skill are such as call for highest
level of intelligence, skill and excellence, from the operation of the Act.
7. Assessment of the members of the reserved categories.–– In filling
vacancies by promotion carrying a pay scale the maximum of which exceeds
the pay scale specified under section 6, the concerned selection authority
shall assess the officers who are members of any reserved category by
relaxed standards.
8. Reservation not to bar promotion.–– Nothing in section 6 shall bar
the promotion of a member of any reserved category against the vacancies
1. Substituted for “25%” by Act No. III of 2009, s. 4, w.e.f. 5th March, 2008.
348 RESERVATION ACT, 2004
other than, or in addition to, those reserved for them under the Act, if such
member is found to be qualified for such promotion on the basis of his merit
and seniority.
CHAPTER IV
RESERV ATION IN PROFESSIONAL INSTITUTIONS
9. Reservation in professional institutions. ––(1) The Government 1[shall
reserve seats in the Professional Institutions for candidates belonging to,––
(a) reserved categories and such other classes or categories as may be
notified from time to time ; and
(b) economically weaker sections :]
Provided that 2[the total percentage of reservation provided in clause
(a)] shall in no case exceed 50% :
3[Provided further that the reservation in Professional Institutions in
favour of the persons belonging to economically weaker sections shall be in
addition to the existing reservation provided in this sub-section and shall be
subject to a maximum of ten percent of the seats in each category.]
(2)The Government shall prescribe the percentage for each category in
admission in the Professional Institutions:
Provided that different percentage may be prescribed for different courses :
Provided further that 50% of the seats in each category including open
category for admission to MBBS and BBS, shall be selected from amongst
female candidates belonging to such category :
Provided also that the seats in any reserved category, which cannot be
filled for want of candidates belonging to that category, shall be filled from
amongst the candidates belonging to open merit category.
10. Reservation not to bar admission in open merit.–– Nothing contained
in section 9 shall bar admission of members of the reserved categories against
1. Substituted by Act 34 of 2019, Table 2, S. No. 7.
2. Substituted for “the total percentage of reservation” ibid.
3. Proviso inserted ibid.
RESERVATION ACT, 2004 349
seats other than, or in addition to, those reserved for them under the said
section, if such members are found qualified for admission on merit as compared
with candidates not belonging to any reserved category.
CHAPTER V
MISCELLANEOUS
11. Roster.–– With a view to giving effect to the reservation provided in
the Act, the appointing authority shall maintain a roster in such manner and
form as may be prescribed.
12. Preparation of the select list.–– The selection agency shall prepare
the select list of candidates in such manner and form as may be prescribed.
13. Authority competent to issue certificates.–– The Government may,
by notification in the 1[Official Gazette], invest any revenue officer, not below
the rank of Tehsildar, with powers to issue certificates in favour of members of
the reserved categories :
Provided that in respect of remote and inaccessible areas, the Government
may invest any officer of the Revenue Department, not below the rank of Naib-
Tehsildar, with such powers.
14. Presentation of application.–– A person claiming benefit under the
Act shall apply in the prescribed manner to the Competent Authority for grant
of a certificate.
15. Registration and verification.–– The Competent Authority shall, on
receipt of the application,––
(i) immediately record it in a register to be maintained by it and issue
to the applicant a receipt to that effect ; and
(ii) scrutinize the application and conduct enquiries as may be
necessary for verification of the details of the application as also
with regard to the eligibility of the applicant for the certificate.
16. Issuance of Certificate.–– The Competent Authority shall, within
fifteen days from the date of the receipt of the application and for reasons to be
1. Substituted for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
350 RESERVATION ACT, 2004
recorded in writing either accept the application or reject it. On acceptance of
the application, the authority shall immediately issue the requisite certificate
to the applicant in the prescribed form.
17.  Appeals. ––(1) Any person aggrieved by an order of the Competent
Authority under section 16, may, at any time before the expiry of ninety days
from the date of the order, prefer an appeal to––
(i) Deputy Commissioner, if the order appealed against is passed by
an officer below the rank of Deputy Commissioner in his capacity
as Competent Authority ; or
(ii) Divisional Commissioner, if the order appealed against is passed
by Deputy Commissioner in his capacity as Competent Authority.
(2) The Appellate Authority shall, within 30 days from the date of receipt
of the appeal, pass such orders on it as it deems fit :
Provided that no order shall be made against any person without affording
him a reasonable opportunity of being heard.
18. Revision.–– The Appellate Authority may, suo moto or on an
application made to it, call for the records of the proceedings taken, or orders
made, by any Competent Authority for purposes of satisfying itself as to the
legality or propriety of such proceedings or orders and may pass such orders
in reference thereto as it deems fit :
Provided that no order shall be made against any person without affording
him a reasonable opportunity of being heard.
19. Choice.–– A candidate belonging to more than one category shall be
entitled to claim the benefit of reservation in one category only, as per his
choice, for appointment or promotion in Government service or admission in
Professional Institutions, as the case may be.
20. Monthly statements.–– The Competent Authority shall prepare
monthly statements of all persons in whose favour certificates have been
granted and shall submit the same to the Government.
21. Duplicate certificate.–– If a certificate of being member of any of the
reserved categories, issued under the Act, is lost, damaged or destroyed and
the applicant desires to have a duplicate certificate, the Competent Authority
RESERVATION ACT, 2004 351
may, after due verification of the genuineness of the applicant’s statement,
issue within fifteen days from the date of such application, a duplicate certificate
recording thereon in block letters the word “Duplicate” or refuse to issue such
certificate communicating the reasons of refusal to the applicant.
22. Penalty for contravention of the provisions of the Act.–– Any person
who obtains a certificate under the Act by misrepresentation, fraud or
concealment of any material fact or impersonation shall, in addition to
prosecution under the law for the time being in force, be liable to––
(a) cancellation of the certificate and forfeiture of benefit ;
(b) removal or dismissal from service ; and
(c) fine of not less than rupees ten thousand.
23. Framing of rules.–– The Government may make rules to give effect to
the provisions of the Act.
24. Repeal and saving. ––(1) All rules, notifications and orders
corresponding to the provisions of the Act shall, in so far as they are
inconsistent with any provision of the Act, stand repealed.
(2) Notwithstanding such repeal––
(i) anything done or any action or any order issued under the rules,
notifications or orders, so repealed, shall be deemed to have
been done, taken or issued under the corresponding provisions
of the Act ;
(ii) the reservation in appointment or promotion against available
vacancies and for admission in Professional Institutions
provided under the repealed rules, notifications and orders, shall
continue to be in force till a notification under the provisions of
the Act is issued.
––––––

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