The ODISHA RESERVATION OF POSTS AND SERVICES (FOR SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES) ACT, 2008

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LAW DEPARTMENT
NOTIFICATION
The 7th February 2009
No. 2139/I-Legis.8/08 – The following Act of the Odisha Legislative Assembly
having been assented to by the Governor on the 3rd February, 2009 is hereby published
for general information.
ODISHA ACT 6 OF 2009
THE ODISHA RESERV ATION OF POSTS AND SERVICES
(FOR SOCIALLY AND EDUCATIONALLY BACKWARD
CLASSES)  ACT,  2008
[Recieved the assent of the Governor the 3rd February, 2009, First
published in an Extraordinary issue of the Odisha  Gazette dated
the 7th February, 2009]
AN ACT TO PROVIDE FOR RESERV ATION OF POSTS
AND SERVICES UNDER THE STATE FOR SOCIALLY
AND EDUCATIONALLY BACKWARD CLASSES AND
FOR MATTERS CONNECTED THEREWITH
OR INCIDENTAL THERETO.
Whereas the policy of reservation for the social, economic and educational
advancement of the people belonging to the Scheduled Castes and the Scheduled Tribes
and for Socially and Educationally Backward Classes for appointments in posts and
services under the State have been implemented in the State of Odisha by the Odisha
Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled
Tribes) Act, 1975 in case of Scheduled Castes and Scheduled Tribes and by Resolution
No.25455/TW dated the 10th September, 1993, as modified from time to time, in case
of Backward Class Citizens ;
And whereas the Government of Odisha, in the erstwhile Welfare Department in
Resolution No.35758-75-94-N dated the 8th December, 1994 had enhanced the percentage
Published by Odisha Gazette Extraordinary No. 145, dtd. 07.02.2009
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 145 Dated. 07 February, 2009
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of reservation in Civil posts and services for Socially and Educationally Backward
Classes in the initial recruitment from 11.25% to 27% as there are peculiar features in the
social, economic and physical infrastructure of Odisha to make out special case in terms
of the judgement of the Hon’ble Supreme Court in Indra Sawhney Vrs. Union of India,
reported in AIR 1993 SC-477, for providing reservation beyond the limit of 50% in posts
and services under the State ;
And whereas the Odisha Administrative Tribunal in O.A.No.1737 (C)/98-
Harapriya Dash Vrs. State of Odisha considered the extent of reservation made in favour
of Socially and Educationally Backward Classes provided in the said Resolution and by
a common order dated the 14th December, 1998 declared that reservation cannot exceed
50% and that the said Resolution dated the 8th December , 1994 is contrary to the
principles of law decided by the Apex Court in Indra Sawhney case on the ground that
by no stretch of imagination, can Odisha be treated as far-flung and remote area and the
people of this State out of mainstream of national life ;
And whereas the State Government preferred a writ petition against the said
order of the Odisha Administrative Tribunal before the High Court of Odisha, which
dismissed the writ petition by judgement and order dated the 17th April, 2007 by taking
into consideration the judgement of the Hon’ble Supreme Court in case of M. Nagraj
and others Vrs. Union of India, reported in 2006 (8) S.C.C. 212 ;
And whereas against the judgement, the State Government further preferred a
Special Leave Petition before the Supreme Court and the Supreme Court also dismissed
the Special Leave Petition ;
And whereas clause (4) of article 16 of the Constitution enables the S tate to
make any provision for the reservation of appointments or posts in favour of any
backward class of citizens which, in the opinion of the State, is not adequately represented
in the services under the State ;
And whereas the S tate Government, after careful consideration, have taken a
policy decision that the posts and services under the S tate shall be reserved for the
Socially and Educationally Backward Classes to the extent of twenty-seven per centum
in initial recruitment.
BE it enacted by the Legislature of the State of Odisha in the Fifty-ninth Year of
the Republic of India as follows :–
1.  (1) This Act may be called the Odisha Reservation of Posts and Services (For
Socially and Educationally Backward Classes) Act, 2008.
(2) It extends to the whole of the State of Odisha.
2.  In this Act, unless the context otherwise requires,–
(a) “appointment” means appointment of a person to any post or service by
direct recruitment but does not include promotion ;
(b) “creamy layer” refers to the individuals at the upper stratum of the backward
class as may be prescribed ;
(c) “prescribed” means prescribed by rules made under this Act ;
(d) “recruitment year” means recruitment year during which the recruitment is
actually made ;
Short title
and extent
Definitions
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(e) “Socially and Educationally Backward Classes” means Backward Classes
as defined in clause (a) of section 2 of the Odisha State Commission for
Backward Classes Act, 1993
(f) “State” includes the Government, the Legislature of the State of Odisha,
local or other Authorities within the State which are under the control of
the State Government, an Aided Educational Institution as defined in the
Odisha Education Act, 1969  or Institutions, Societies and Companies
which are owned or controlled by the State Government or instrumentalities
or agencies of that Government.
3. There shall be reserved twenty-seven per centum of the posts and services
under the State, in case of direct recruitment, for Socially and Educationally Backward
Classes subject to the exclusion of creamy layer :
Provided that if a candidate belonging to the Socially and Educationally Backward
Class is selected on his own merit while competing with others and secures an
appointment, his appointment as such shall be shown against the post left unreserved
and his appointment as such shall not be added to any post reserved for the Socially and
Educationally Backward Classes and shall not be taken into consideration for working
out the percentage of reservation meant for the Socially and Educationally Backward
Classes.
4. Model Roster :– (1) The State Government shall prescribed model rosters
indicating the number of posts and services to be reserved for the Socially and
Educationally Backward Classes and the number to be left unreserved :
Provided that no such roster shall operate after the required percentage of the
reservation is achieved in a grade or cadre and the posts released thereafter by retirement,
resignation, promotion or otherwise of the persons belonging to the unreserved or
reserved category, as the case may be, are to be filled up by appointment of person
belonging to the respective category, so that the prescribed percentage of reservation is
maintained.
(2) The appointing authorities shall maintain rosters in the prescribed form.
(3) The rosters shall be consulted for ascertaining the number of posts reserved
but the appointments shall be made in order of merit as shown in the select list.
5.  If, in any recruitment year , the number of candidates from Socially and
Educationally Backward Classes is less than the number of posts reserved for them, the
remaining posts shall be filled up by the candidates belonging to unreserved category
after de-reserving the posts in the prescribed manner and the posts so de-reserved may
be carried forward to subsequent three years of recruitment.
6. Relaxation :– For appointment of candidates belonging to Socially and
Educationally Backward Class–
(a) the upper age limit prescribed for the recruitment shall be increased by five
years ; and
(b) any other relaxation or concession may be allowed by the State
Government as may be prescribed.
7. Any order , Resolution by whatever name called, issued by the S tate
Government and as amended from time to time in the matter of Creamy Layer , de-
Percentage
of reservation
Model Roster
Percentage
of reservation
Carry forward
of reservation,
and
dereservation
Continuance of
Resolution,
orders etc.
(Odisha Act
16 of 1993
Odisha Act
15 of 1969
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reservation, carry forward including model roster indicating the number of posts reserved
for such Socially and Educationally Backward Classes or any other matter concerning
such classes so far as it is not inconsistent with the provisions of this Act, be deemed
to have been made under this Act unless such order, resolution etc. is superseded after
commencement of this Act.
8. The provisions of this Act shall have effect notwithstanding anything to the
contrary in any other law for the time being in force.
9.  (1) The State Government may, after previous publication, make rules to carry
out all or any of the purpose of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers,
they may make rules in respect of all matters expressly required or allowed by this Act
to be prescribed.
10.  Notwithstanding anything contained in any judgement, decree or order of
any Court or Tribunal, the reservation of twentyseven per centum made or anything
done or any action taken on the basis of such reservation for appointment to the posts
and services under the State, during the period commencing on the 8th December, 1994
and ending with the date of commencement of this Act shall, for all purposes, be
deemed to be and to have always been, validly made, done or taken in accordance with
law, as if this Act was in force at all material times when such reservation was made and
such thing done or such action taken.
11.  All appointments made in contravention of the provisions of this Act, after
the date of commencement of this Act, shall be treated as voidable.
12.  Any appointing authority who makes the appointment in violation of this
Act and Rules made thereunder shall, on conviction, be punished with a fine which may
extend to five thousand rupees and shall also be liable for disciplinary proceedings and
punishment, if any, imposed shall be recorded in his Confidential Character Roll :
Provided that nothing contained in this section shall apply to a case where the
Governor is the appointing authority.
13.  In each department of the Government including Public Sector Undertakings,
an officer not below the rank of Under Secretary authorised by the Secretary of the
Department in that behalf shall act as Liasion Officer in respect of the matters in this Act
and such other duties as may be prescribed.
14.  There shall be a Standing Committee consisting of the following members,
namely :–
(a) Minister, Minorities and Backward Classes – Chairman Welfare Department,
(b) Five members of the Odisha Legislative – Member Assembly to be elected
in such manner as may be determined by the Speaker,
(c) Chief Secretary to Government, – Member
(d) Secretary to Government, Home Department, – Member
(e) Secretary to Government,(Minorities – Member and Backward Classes
Welfare Department).
Rule making
power
Validation
Irregular
appointments
to be voidable
Penalty for
contravention
Nomination
of Liasion
Officer
Constitution
of Standing
Committee
Overriding
effect
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15.  The Standing Committee shall perform the following functions, namely:–
(a) Review of the implementation of the provisions of the Act and the Rules
made thereunder, as far as possible, twice a year;
(b) Suggesting measures for the removal of difficulties in such implementation
or for the improvement thereof; and
(c) Such other functions as the S tate Government may, from time to time,
assign to the Standing Committee.
16. The State Government shall prepare an annual report on the working of this
Act and lay the same before the Legislative Assembly for a period of not less than
fifteen days in the succeeding calendar year.
17. (1) If any difficulty arises in giving effect to the provisions of this Act, the
State Government may, by order published in the Odisha Gazette, make such provisions
not inconsistent with the provisions of this Act as may appear to it to be necessary or
expedient for removing the difficulty :
Provided that no such order shall be made after the expiry of two years from the
date of commencement of this Act.
(2) Every order made under sub-section (1) shall, as soon as may be after it is
made, be laid before the State Legislature.
By order of the Governor
B. K. NAYAK
Principal Secretary to Government
––––––––
Function of
the standing
committee
Annual report
Power to
remove
difficulty

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