LexThe UTTAR PRADESH PUBLIC SERVICES (RESERVATION FOR ECONOMICALLY WEAKER SECTIONS) ACT, 2020 (U.P. Act No. 10 OF 2020)
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE UTTAR PRADESH PUBLIC SERVICES (RESERVATION
FOR ECONOMICALLY WEAKER SECTIONS) ACT, 2020
(U.P. Act No. 10 OF 2020)
[As Passed by the Uttar Pradesh Legislature]
AN
ACT
SECTION
1. Short title and commencement
2. Definitions
3. Reservation in favors of Economically Weaker Section
4. Responsibility and powers for compliance of the Act
5. Penalty
6. Power to call for record
7. Income and Assets certificate
8. Removal of difficulties
9. Protection of action taken in good faith
10. Power to make rules
11. Power to amend the Schedule
12. Lying of Order etc.
13. Saving
No. 1577(2)/LXXIX-V-1-20-1(ka)-4-20
Dated Lucknow, August 31, 2020
IN pursuance of the provisions of clause (3) of Article 348 of the
Constitution, the Governor is pleased to order the publication of the
following English translation of the Uttar Pradesh Lok Sewa (Arthik Roop
se Kamjor Vargon Ke Liye Arakshan) Adhiniyam, 2020 (Uttar Pradesh
Adhiniyam Sankhya 10 of 2020) as passed by the Uttar Pradesh Legislature
and assented to by the Governor on August 28, 2020 The Karmik Anubhag-
2, is administratively concerned with the said Adhiniyam.
THE UTTAR PRADESH PUBLIC SERVICES (RESERVATION
FOR ECONOMICALLY WEAKER SECTIONS) ACT, 2020
(U.P. Act No. 10 OF 2020)
[As Passed by the Uttar Pradesh Legislature]
AN
ACT
to provide for the reservation in public services and posts in favour of the
persons belonging to the Economically Weaker Sections of citizens in addition to
the existing reservation applicable in the State and for matters connected
therewith or incidental thereto.
IT IS HEREBY enacted in the Seventy-First Year of the Republic of India
as follows :-
Short title and
commencement 1.
(1) This Act may be called the Uttar Pradesh Public Services
(Reservation For Economically Weaker Section) Act, 2020.
(2) It shall be deemed to have come into force on February 01, 2019.
Definitions 2. In this Act unless the context otherwise requires,-
(a) "appointing authority" in relation to public services and posts
means the authority empowered to make appointment to such
services or posts ;
(b) "Economically Weaker Sections of citizens" means the
persons belonging to Economically Weaker Sections as defined in the
Office Memorandum F.No. 36039/1/2019 Estt.(Res), dated
19.01.2019 of D.O.P.T. Ministry of Personnel and Public Grievance
and Pension Government of India for the time being in force.
(c) "public services and posts" means the services and posts in
connection with the affairs of the State and includes services and
posts-
(i) a local authority ;
(ii) a co-operative society as defined in clause (f) of section 2
of the Uttar Pradesh Co-operative Societies Act, 1965 in which
not less than fifty-one percent of the share capital of the society is
held by the State Government ;
(iii) a Board or a corporation or a statutory body established
by or under a Central or Uttar Pradesh Act which is owned and
controlled by the State Government, or a Government company
as defined in section 617 of the Companies Act, 1956 in which
not less than fifty-one percent of the paid up share capital is held
by the State Government ;
(iv) an educational institution owned and controlled by the
State Government or which receives grants in aid from the State
Government, including a university established by or under a
Uttar Pradesh Act, except an institution established and
administered by minorities referred to in clause (1) of Article 30
of the Constitution ;
(v) in respect of which reservation was applicable by the
Government orders on the date of commencement of this Act and
are not covered under sub-clauses (i) to (iv) ;
(d) "Reservation" means reservation for economically Weaker
Sections in vacancies of posts and services in the State of Uttar
Pradesh.
(e) "year of recruitment" in relation to a vacancy means a period
of twelve months commencing on the first of July of a calendar year
within which the process of direct recruitment against such vacancy
is initiated.
Reservation in
favour of
Economically
Weaker Section
3. (1) In public services and posts, at the stage of direct recruitment,
ten percent of vacancies to which recruitment are to be made, they
shall be reserved in favour of the persons belonging to Economically
Weaker Sections of citizens:
Provided that the reservation shall not apply to the category of
Economically Weaker Sections of citizens specified in the Schedule
to this Act:
Provided further that the candidates from out of the State of Uttar
Pradesh shall not be eligible for benefits of reservation under this
Act.
(2) The reservation under this section shall be in addition to the
reservation provided under the Uttar Pradesh Public Services
(Reservation for Schedule Castes, Scheduled Tribes and Other
Backward Classes) Act, 1994.
(3) The office memorandum issued by Karmik Anubhag-2 wide
no.1/2019/4/1/2002/ka-2/19T.C.II, dated 18.02.2019 shall be deemed
to have been issued under this section.
(4) For applying the reservation under sub-section (1), roaster has
been issued by notification O.M. No.5/2019/4/1/2002/ka-2/2019T.C.-
I, dated 13th August, 2019 by the State Government which shall be
continuously applied till it is exhausted.
(5) If a person belonging to Economically Weaker Sections of
citizens gets selected on the basis of merit in an open competition
with unreserved candidates, he shall not be adjusted against the
vacancies reserved for such category under sub-section (1).
(6) "Where in any particular recruitment year any vacancy
earmarked under sub-section (1) for Economically Weaker Sections
cannot be filled up due to non availability of a suitable candidate
belonging to Economically Weaker Sections such vacancies shall not
be carried forward to the next recruitment year as backlog and the
said vacancy shall be filled by the eligible candidates of unreserved
category. "
Responsibility
and powers for
compliance of
the Act
4. (1) The State Government may, by notified order, entrust the
appointing authority or any officer or employee with the
responsibility of ensuring the compliance of the provision of this Act.
(2) The State Government may, in the like manner, invest the
appointing authority or officer or employee referred to in sub-section
(1) with such powers or authority as may be necessary for effectively
discharging the responsibility entrusted to him under sub-section (1).
Penalty 5. (1) Any appointing authority or officer or employee entrusted
with the responsibility under sub-section (1) of section 4 who
willfully acts in a manner intended to contravene or defeat the
purpose of this Act shall, on conviction, be punishable with
imprisonment which may extend to three months or with fine which
may extend one thousand rupees or with both.
(2) No court shall take cognizance of an offence under this
section except with the previous sanction of the State Government or
an officer authorized in this behalf by the State Government by an
order.
(3) An offence punishable under sub-section (1) shall be tried
summarily by a Metropolitan Magistrate or a Judicial Magistrate of
the first class and the provision of sub-section (1) of section 262,
section 263, section 264 and section 265 of the Code of Criminal
Procedure, 1973 shall mutatis mutandis apply.
Power to call for
record 6. If it comes to the notice of the State Government, that any person
belonging to Economically Weaker Sections mentioned in sub-
section (1) of section 3 has been adversely affected on account of non
compliance of the provisions of this Act or the rules made thereunder
or the Government orders issued in this behalf by the appointing
authority, it may call for such records and take such action as it may
--------------------------
consider necessary.
Income and
Assets
certificate
7. For the purpose of reservation provided under this Act, income
and assets certificate shall be issued by such authority or officer not
below the rank of Tehsildar in the State and in such manner and in
such form as the State Government may, by order, provide.
The office memorandum no.1/2019/4/1/2002/ka-2/ 19T.C.II,
dated 18 February 2019 shall be deemed to have been issued under
this section.
Removal of
difficulties 8. If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by a notified order, make such
provisions not inconsistent with the provisions of this Act, as appears
to it to be necessary or expedient for removing the difficulty.
Protection of
action taken in
good faith
9. No suit, prosecution or other legal proceedings shall lie against
the State Government or any person for anything which is done or
intended to be done in good faith in pursuance of this Act or the rules
made thereunder.
Power to make
rules 10. The State Government may, by notification, make rules for
carrying out the purposes of this Act.
Power to amend
the Schedule 11 The State Government may, by notification amend the Schedule
and upon the publication of such notification in Gazette, the Schedule
shall stand amended accordingly.
Laying of Order
etc. 12. Every order made under sub-sections (4) of section 3 and section
4 and 8 shall be laid as soon as may be, before each House of the
State Legislature and the provisions of sub-section (1) of section 23-
A of the Uttar Pradesh General Clauses Act, 1904 shall apply as they
apply in respect of rules made by the State Government under any
Uttar Pradesh Act.
Savings 13. The provisions of this Act shall not apply to cases in which
selection process has been initiated before commencement of this Act
and such cases shall be dealt with in accordance with the provisions
of law and Government order as they stood before the
commencement.
Explanation: For the purposes of this section the selection process
shall be deemed to have been initiated where, under the relevant
service rules, recruitment is to be made on the basis of -
(i) written test or interview only, the written test or the interview,
as the case may be, has started, or
(ii) both written test and interview, the written test has started.
(2) The provisions of this Act shall not apply to appointment, to
be made under the Uttar Pradesh Recruitment of Dependent of
Government Servant Dying in Harness Rules, 1974.
SCHEDULE
[ See SECTION 3(I) ]
Persons whose family owns or possesses any of the following assets
shall be excluded from being identified as EWS (Economically Weaker Section),
irrespective of the family income:
i 5 acres of Agricultural Land and above;
ii. Residential flat of 1000 sq. ft. and above:
iii. Residential plot of 100 sq. yards and above in notified
municipalities:
iv. Residential plot of 200 sq. yards and above in areas other than
the notified municipalities.
The income and assets of the families as mentioned above would be
required to be certified by an officer not below the rank of Tehsildar in State.
The officer who issues the certificate would do the same after carefully
verifying all relevant documents.
-----------------------
STATEMENT OF OBJECTS AND REASONS
In accordance with the provisions of the Constitution (One Hundred and Third
Amendment) Act, 2019 and with reference of Govt. of India, Ministry of Personnel,
Public Grievances and Pensions Department of Personnel and Training vide O.M. No.
36039/1/2019-Estt.(Res.) dated 19th January, 2019, provision of 10 percent
reservation to Economically Weaker Sections(EWSs) in civil posts and services in the
Government of India has been made.
It has therefore been decided to make a law to provide 10 percent reservation
in Public Services and Posts in favour of persons belonging to the Economically
Weaker Sections(EWSs) of citizens in addition to the existing scheme of reservations
for the Scheduled Castes, the Schedule Tribes and the Socially and Educationally
Backward Classes in the State and for matters connected therewith or incidental
thereto.
The Uttar Pradesh Public Service (Reservation For Economically Weaker
Sections) Bill, 2020 is introduced accordingly.
By order,
J.P. SINGH-II,
Pramukh Sachiv.