The ODISHA RESERVATION OF VACANCIES IN POSTS AND SERVICES (FOR SCHEDULED CASTES & SCHEDULED TRIBES) ACT, 1975

1[ORISSA ACT 38 of 1975]
THE ORISSA
RESERV ATION OF VACANCIES IN POSTS AND
SERVICES (FOR SCHEDULED CASTES &
SCHEDULED TRIBES) ACT, 1975
(Assented to by the Governor on the 23rd August, 1975)
An Act to provide for adequate representation of Scheduled Castes and Scheduled
Tribes in Posts and Services under the State.
Be it enacted by Legislature of the State of Orissa in the Twenty-sixth Year of
the Republic of India, as follows :–
1. Short title, extent and commencement :–  (1) This Act may be called the
Orissa Reservation of Vacancies in Posts & Services (for Scheduled Castes and
Scheduled Tribes) Act, 1975.
(2) It shall extends to the whole of  the State of Orissa.
(3) It shall come into force on such dates as the S tate Government may , by
notification, appoint in that behalf.
NOTES–  Object of the Act explained 59 (1985) C.L.T. 214.
2. Definition :–  In this Act, unless the context otherwise requires :–
(a) "prescribed"  means prescribed by rules made under this Act;
(b) 2["recruitment year" means the calendar year during which recruitment is
actually made];
(c) "reservation" means reservation of vacancies in Posts and Services of the
Scheduled Castes and the Scheduled Tribes;
1. Orissa Gazette, Extraodinary No. 1460–D/1-9-1975–Notfn. No. 10745-Legis–D/
28-8-1975.
2. Substituted by Orissa Act 22 of 1987 Vide O.G, E. No. 1780, dated 19-12-1987.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1460–D Dated. 01 September, 1975
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1. Substituted by Orissa Act 9 of 1982.
2. Inserted by Orissa Act 22 of 1987 Vide O. G. E. No. 1780, dated 19-12-1987.
3. Substituted by ibid.
4. Inserted by Orissa Act 22 of 1987 vide O.G.E. No. 1780, dt. 19-12-1987.
5. Omitted by ibdi.
(d) "Scheduled Castes" shall have reference to the Scheduled Castes specified
in the Constitution (Scheduled Castes) Order , 1950 made under Article
341 of the Constitution of India and as amended from time to time;
(e) "Scheduled Tribes" shall have reference to the Scheduled Tribes specified
in the Constitution (Scheduled Tribes) Order, 1950 made under Article
342 of the Constitution of India and as amended from time to time;
(f) "Select list" means the list of candidates arranged in order of precedence
prepared according to the rules and orders issued by the State Government
in that behalf and adopted by the competent authority for making
appointments in respect of initial recruitment and promotion;
(g) "State" includes the Government and the Legislature of the State of Orissa
and all 1[local or other authorities] within the State or under the control of
the State Government;
3[(h)  "Selection" means selection made for promotion on the basis of merit and
suitability with due regard to seniority.]
3. Applicability :–  This Act shall apply to all appointments to the Posts and
Services under the State except–
3[(a) Class-I posts which are above the lowest rung thereof and meant for
conducting or guiding or directing Scientific and Technical research;
(b) Class-I Posts which are above the lowest rung thereof and classified as
scientific posts;]
(c) tenure posts;
(d) those filled up on the basis of any contract;
(e) ex-cadre posts;
(f) 3[those which are filled up by transfer within the cadre or on deputation;]
(g) 3[the appointment of such staff the duration of whose appointment does
not extend, beyond the term of office of the person making the appointment
and the work charged staff which are required for emergencies like flood
relief work, accident restoration and relief etc.;]
(h) temporary appointments of less than forty-five days duration;
4[(h-I) those which are required to be filled up by appointment of persons under
the rehabilitation assistance given to the members of the family of the
deceased or permanent disabled employees who suffer from the disability
while in service;]
(i) those in respect of which recruitment is made in accordance with any
provision contained in the Constitution.
5[xx xx xx xx
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NOTES–  Exception to the reservation for all appointments to the posts and
services under the State– The post of Executive Engineers under Irrigation and Power
Department of Orissa are neither scientific post nor meant for conducting or guiding or
directing research– Therefore the posts cannot be covered by clauses (a) and (b) of
Section 3– The posts have not been classified as scientific posts by the S tate Govt.
which requires 3 (J). 31 (1989) O.J.D. 122 (Ser. & Lab.)
4. Reservation and the percentage thereof :–  (1) Except as otherwise provided
in this Act, the vacancies reserved for the Scheduled Castes and the Scheduled Tribes,
shall not be filled up by candidates not belonging to the Scheduled Castes and Scheduled
Tribes.
(2) The reservation of vacancies in Posts and Services shall be at such percentage
of the total number of vacancies as the State Government may, from time to time, by
order determine;
1[Provided that the percentage so determined shall in no case be less than the
percentage of the persons belonging to the Scheduled Castes or the Scheduled Tribes
as the case may be in the total population of the State :
Provided further that there shall be no reservation of vacancies to be filled up by
promotion where–
(a) the element of direct recruitment in the grade or cadre in which the vacancies
have occurred is more than sixty-six and two third percent;
(b) the vacancies have occurred in Class I posts and are to be filled up by
promotion, through limited departmental examination; or
(c) the vacancies have occurred in Class I posts which are above the lowest
rung thereof, and are to be filled up on the basis of selection].
Explanation–  The expression "population" means the population as ascertained
at the last census for which the relevant figures have been published.
NOTES–  Legislative intention of Section 4 (2) (b)– Mandate of reservation is
in the lower grade from which promotion is made– Hardship to others not a ground for
interference against the clear mandate of the legislature 58 (1984) CI.T. 496.
Where the percentage of Scheduled Tribe candidates calculated at 4.54 is to be
taken as 559 (1985) CL.T. 214.
Reservation– Not applicable to class I posts, 1990 Lab. I. C. 1716 (Ori.) 1990
(I) I.L.J. (Ori) 358 : 32 (1990) O.J.D. 120 (S&L) O.H.C.
Promotion– Post carrying higher responsibility– Promotion has to be made on
basis of merit cum-seniority. 1990 Lab. IC. 1716 (Ori.) 1990 (I) L.L.J,. (Ori.) 358 : 32
(1990) O. J. D. 120 (S&L) OHC.
5. Model Roster  :–  (1) The State Government shall prescribe model rosters
indicating the number of vacancies to be reserved for the Scheduled Castes and the
Scheduled Tribes and the number to be left unreserved.
1. Substituted by Orissa Act 9 of 1982.
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1. Inserted by Orissa Act 11 of 1992 vide O. G. E. No. 137, dt. 12-12-1992.
2. Added by Orissa Act 9 of 1982.
3. Inserted by Orissa Act 11 of 1992 vide O. G. E. No. 137, dt. 12-12-1992.
(2) The appointing authorities shall maintain rosters in the prescribed form.
(3) The rosters shall be consulted for ascertaining the number of reserved
vacancies but the appointments shall be made in accordance with the order of precedence
as shown in the select list.
6. Exchange of reservation between the Scheduled Castes and Scheduled
Tribes :–  The reserved vacancies in appointments shall be exchanged between the
Scheduled Castes and Scheduled Tribes in the event of non-availability of candidates
from the respective communities, but the vacancies reserved for a particular community
shall continue to be reserved for that community only for two recruitment years and if
candidates are not available for appointment in particular reserved vacancies in the
third year, the vacancy so filled by exchange shall be treated a as reserved for the
candidates of that particular community who are actually appointed.
1[Provided that nothing in this section shall apply to reserved vacancies in
appointments in respect of Class III and Class IV Posts and Services.]
7. Carry forward of reservation and de-reservation :–  If, in any recruitment
year, the number of candidates either from Scheduled castes or Scheduled Tribes is less
than the number of vacancies reserved for them even after exchange of reservation
between the Scheduled Castes and Scheduled Tribes the remaining vacancies may be
filled up by general candidates after de-reserving the vacancies in the prescribed manner,
but the vacancies so de-reserved may be carried forward to subsequent three years of
recruitment :
Provided that in the years following the recruitment year the normal reserved
vacancies together with the vacancies carried forward shall not exceed fifty percent of
the total number of vacancies of the year in which recruitment is made and the excess
over fifty per cent of the reserved vacancies shall be carried forward to subsequent
years of recruitment.
2[Provided further that the provisions of this section shall not apply to the reserved
vacancies to be filled up by promotion on the basis of selection where such promotion
is to be made–
(a) from class III posts to Class II posts;
(b) within Class II posts;
(c) from Class II posts, to Class I posts, and
(d) from posts in the lowest rung to class I]
3[Provided also that nothing in the Section shall apply to the vacancies reserved
in respect of Class III and Class IV posts. II candidates are not available for filling up
such reserved vacancies these remaining vacancies shall be filled up by holding fresh
recruitment only from candidates belonging to the Scheduled Castes or the Scheduled
Tribes, as the case may be, and sub-section (5) of Section 9 shall not apply to such
vacancies.]
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8. Relaxation and concessions :–  For initial appointment–
(a) the upper age limit prescribed for recruitment shall be increased by five
years;
1[(a-1) the qualification regarding experience if any , may be relaxed upto two
years by the Orissa Public Service Commission, the Selection Board or
the competent authority, as the case may be, provided such relaxation is
not inconsistent with efficiency];
(b) 2[fees prescribed for admission into any competitive examination or
interview for recruitment shall be exempted];
(c) the Scheduled Castes and the Scheduled Tribes candidates shall be paid
travelling allowance to competitive recruitment examination or interview
at such rate as may be prescribed.
9. Manner of initial recruitment :–  (1) For recruitment through Employment
Exchange in the requisition sent to the Exchange, the number of vacancies reserved for
Scheduled Castes and Scheduled Tribes shall be specified against the total number of
vacancies.
(2) For recruitment made through the Orissa Public Service Commission or any
Selection Board on the basis of competitive examination or interview, the advertisement
shall specify the number of vacancies reserved for Scheduled Castes and Scheduled
Tribes shall be specified against the total number of vacancies.
3[(3) In the case of direct recruitment otherwise than by written examination in
respect of reserved vacancies in such non-technical and quasi-technical posts in Class
III and Class IV as may be notified by the State Government the best among the available
Scheduled Castes and Scheduled Tribes candidates may be selected provided they
possess the minimum qualification required for the post or service.]
(4) If the required number of Scheduled Caste and Scheduled Tribe candidates
are not available for filling up the reserved vacancies, a fresh recruitment may be made
only from candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the
case may be, for filling up the remaining reserved vacancies.
(5) If after holding such fresh recruitment candidates belonging to the Scheduled
Castes or the Scheduled Tribes are still not available or if the number of such candidates
is less than the number of reserved vacancies, the vacancies which remain unfilled shall
be filled up by general candidates in accordance with the procedure laid down in Sections
6 & 7.
NOTES–  Section 9 (3)– Applicability and scope of 45 (1978) CLT. 380.
10. Promotion based on senioiry-cum-fitness :–  (1) Where promotion is to be
made on the basis of seniority subject to fitness, the Scheduled caste and Scheduled
Tribe officers shall be promoted to the next higher post or grade against reserved
vacancies provided they possess the minimum qualifications and experience required
for such promotion.
1. Inserted by Orissa Act 9 of 1992.
2. Substituted by Orissa Act 5 of 1987, dt. 5-4-1987.
3. Substituted by Orissa Act 9 of 1982.
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(2) The number of reserved vacancies shall be determined on the basis of the
reserved points shown in the roster maintained under Section 5.
1[(3) There shall be no zone of consideration in respect of promotions based on
seniority subject to fitness.]
2[11. xx xx xx xx
3[11-A :–  Where promotion is to be made on the basis of selection, the procedure
for filling up the reserved vacancies shall be as may be prescribed and the number of
reserved vacancies will be determined on the basis of the reserved points shown in the
roster maintained under Section 5.
(2) Except the promotions mentioned in sub-section (3) of Section 10.
(a) There shall be a separate zone of consideration for Scheduled Castes and
Scheduled Tribes candidates in respect of promotions to Class III Posts
and within Class III posts.
(b) there shall be a common zone of consideration in respect of promotion
other tan those specified in clause (a).
(3) The extent of the zone of consideration shall be as may be prescribed]
NOTES–  Orissa State Road Transport Corporation Employees (Classification,
Recruitment and Conditions of Service) Regulation 1978– Regulation 61 (iii) (c)–
Promotion Post of Divisional Manager– Criterion–Post carrying higher responsibility–
Promotion has to be made on basis of merit-cum-seniority and not on basis of seniority
subject to fitness 1990 Lab. IC. 1716 (Ori) 1990 (I) I.L.J. (Ori) 358 : 32 (1990) O. J. D.
120 (S & L) OHC.
12. Selection from different services :–  Where selection is to be made from
different services, the recruiting or appointing authority shall select Scheduled Caste
and Scheduled Tribe candidates to the extent of the reserved quota, provide such
candidates satisfy the minimum conditions of suitability, qualifications and experience
laid down in respect of the posts concerned.
4[12-A.–  All appointments made in contravention of the provisions of this Act
after the commencement of the Orissa reservation of Vacancies in Posts and Services
(for Scheduled Castes and Scheduled Tribes) Amendment, Act 1982 shall be treated as
voidable.]
5[12-B :–  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 one thousand rupees. The Government may also draw up disciplinary
proceedings against the authority concerned and punishment so imposed shall be
recorded in his confidential character roll.
1. Inserted by Orissa Act 22 of 1987 vide O.G., E. No. 1780, dt. 19-12-1987.
2. Omitted by Orissa Act 18 of 1988 vide O.G.E. No. 1762, 17-12-1988.
3. Substituted by Orissa Act 22 of 1987.
4. Inserted by Orissa Act 9 of 1982.
5. Inserted by Orissa Act 22 of 1987 vide O.G.E. No. 1762, dt. 17-12-1988.
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1. Substituted by Orissa Act 18 of 1988 vide O.G.E. No. 1762, dt. 17-12-1988.
1. Substituted by Orissa Act 18 of 1988, Vide O.G.E. No. 1762, dated. 17-12-1988.
Provided that nothing contained in this Section shall apply in relation to an
appointment to which the Governor is the appointing authority.]
13. Submission of annual r eport maintenance of other  r ecords and
Inspection thereof :–  (1) Every appointing authority shall furnish to the Government
in the prescribed manner as an annual report on appointments by the end of the month
or 1[April of the succeeding calendar year] and maintain such other records as may be
prescribed.
(2) Any officer authorised by the State Government in that behalf may inspect
any record or documents and require the appointing authority to produce the roster and
other records relating to appointments made by him which are maintained in his office.
(3) It shall be duty of the appointing authority to produce such records and
documents, furnish such information and af ford all such assistance and facilities as
may be necessary for the aforesaid purpose.
14. Nomination of Liaison Officer :– In each Department of the Government,
an officer not below the rank of an Under-Secretary authorised by the Secretary of the
Department in that behalf shall act as Liaison Officer in respect of the matters provided
in this Act who shall be specially responsible for–
(a) ensuring proper implementation of the provisions of this Act and the rules
made thereunder;
(b) ensuring compliance by the subordinate authorities;
(c) ensuring timely submission of returns;
(d) conducting annual inspection of rosters and such other records as may be
prescribed;
(e) acting as Liaison Officer between the Administrative Department and the
1[Harijan and Tribal Welfare] Department; and
(f) ensuring necessary assistance to the 1[Harijan and Tribal Welfare]
Department and the Commissioner for Scheduled Castes and Scheduled
Tribes in the investigation of complaints received from or ganisation or
individuals belonging to the Scheduled Castes and Scheduled Tribes.
15. Constitution of S tanding Committee :–  (1) There shall be a S tanding
Committee consisting of the following members, namely :–
(a) Minister 1[Harijan and Tribal Welfare] .... Chairman
(b) Five members of the Orissa Legislative
Assembly to be elected in such manner as
may be determined by the speaker. ... Members
(c) Chief Secretary to Government ... Members
(d) Secretary to Government, Home Department ... Members
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(e) Secretary to Government, 1[Harijan and Tribal
Welfare] Department. ... Members
Provided that on issue of a proclamation under Article 356 of the Constitution
of India, the composition of the Committee may be altered by the State Government to
such extent as they deem fit.
16. Functions of the Standing Committee :–  The Standing Committees shall
perform the following functions, namely–
(a) review of the implementation of the provisions of this 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 Committee,
17. Annual Report :– 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 1[succeeding calendar year].
18. Rule making power  :–  (1) The State Government may , after previous
publication, make rules to carry out all or any of the purposes 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.
(3) All rules made under this Act shall, as soon as may be after they are made, be
laid before the S tate Legislature for a total period of fourteen days which may be
comprised in one or more sessions and, if during the said period. The State Legislature
makes modifications, if any, therein the rules shall thereafter have effect only in such
modified form, so, however, that such modifications shall be without prejudice to the
validity of anything previously done under the rules.
19. Overriding effect of the Act :–  The provisions of this Act shall have effect
not withstanding anything to the contrary in any other law or in any rule, order or
resolution made by the State Government.1. Substituted by Orissa Act 18 of 1988 vide O.G.E. No. 1762, dt. 17-12-1988.

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