The Uttarakhand Public Services (Horizontal Reservation for Women) Act, 2022

The Uttarakhand Public Services (Horizontal Reservation for 
Women) Act, 2022 
 
[Uttarakhand Act No:  01  of 2023] 
An 
Act 
 
to provide the horizontal reservation in public services and posts in favour of 
the Women citizens, in addition to the existing, rese rvation applicable in the State 
and for matters connected therewith or incidental thereto. 
Be it enacted by the Uttarakhand Legislative Assembly in the seventy third 
year of the Republic of India as follows:- 
 
Short title  and 
commencement 
1. (1)  This Act  may be called the Uttarakhand Public Services 
(Horizontal Reservation for Women) Act, 2022. 
(2)   It shall be deemed to have come into force on the 18 th 
July, 2001. 
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 and posts;  
(b) “ domicile” means eligibility criteria determined  in 
Uttarakhand   G.O. No. 2588/F/4/410/2001 dated 20 
November, 2001 or any other Government order in force at the 
time of recruitment; 
(c) “ horizontal reservation” means horizontal reservation  
given to  women candidates, in public service and posts  as per 
Government order  issued from time to time  by the State 
Government; 
 
(d) “public services and posts” means the services and posts 
in connection with the affairs of the State and also includes 
following posts and services:- 
(i) Local Authority;  
(ii) Clause ( A) of Section 2 of the Uttarakhand Co -operative 
Committee Act, 2003  in which the h olding of State 
Government is not less than 51 percent of share capital of  
Committee ; 
(iii) Any board or any corporation or any legal body 
established by any central or Uttarakhand State Act which is 
under the ownership or control of the S tate Government or 
Government company defined in the Company Act, 2013, in 
which the holding of  paid up share capital by the State is not 
less than 51 percent; 
(iv) any educational institution under ownership and control of 
the State Government or which re ceives grants in aid from the 
State Government including a university established by or 
under any Act of State of Uttarakhand , except any institut ion 
established and administered by minority section specified in 
clause (1) of article 30 of the Constitution of India;  
(e) “women candidate” means such women citizen of India 
whose domicile  of origin  is in Uttarakhand, but she has not 
obtained permanent domicile certificate elsewhere or a women 
citizen of India whose  domicile of origin is not in Uttarakhand 
but who has obtained a permanent domicile certificate in 
Uttarakhand as per the G.O. No. 25/88/F 4/410/2001 dated 20 
November, 2001 or any other Government Order related to 
domicile, for the time being in force.  
Reservation for 
Uttarakhand 
domiciled 
women 
3. (1) In direct recruitment in public services and posts, in the 
vacancies to be recruited, 20 percent Horizontal reservation  
shall be given till 24 July, 2006 and 30 percent after that in 
the favour of concerned women candidates permanent ly 
domiciled  in the State of Uttarakhand.  
(2) In public services and posts, horizontal reservation for the 
women candidates domiciled in  the State of  Uttarakhand  
belonging to Schedule d Castes, Scheduled Tribes, Other 
Backward Classes, Economically weaker sections and other 
categories shall be in accordance with the order of 
Uttarakhand Government in force at the time of recruitment:  
            Provided that if suitable women candidates are not 
available on the posts reserved for women under the State 
services, those posts shall not be carried forward rather, it 
shall be filled with qualified male candidates coming in the 
order of proficiency of the same category.  
Responsibility 
and power for 
compliance of 
Act 
 
4. (1) The State Government may, by notified order entru st the 
responsibility to any Appointing Authority or any officer or 
employee for ensuring the compliance of the provisions of this 
Act.  
(2) The State Government may, by notified order vest such 
power or authority  to the Appointing Authority or officer or 
employee referred in sub section (1) ,  as may be necessary for 
effective discharging of the responsibility entrusted to him 
under sub section (1).  
Power to call 
record 
5. If it comes to the notice of the State Government, that any 
women candidate defined  in sub -section (e) of section 2 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 actions as 
it may consider necessary.  
 
Power to issue 
domicile 
certificate 
6. For the purposes of horizontal reservation provided under this 
Act, a domicile certificate for women candidates shall be 
issued by such authority or officer and in such manner and 
such form as the State Government may, by order, provide :  
           Provided that, the said Domicile certificate shall be 
issued by officer not below the rank of Tahsildar, following 
the proper procedure after carefully verifying the all  relevant 
rules. 
Protection of 
action taken in 
good faith 
7. No suit, prosecution or other legal proceeding shall lie against 
State Government or any person, for anything which is in 
good faith done or intended to be done, in pursuance of this 
Act or rules made thereunder.  
Laying of 
orders etc. 
8. Every order made under Section 3 and Section 4 shall be laid, 
as soon as may be, before State Legislative Assembly and the 
provisions of sub section (1) of Section 23A of the Uttar 
Pradesh General Clauses Act, 1904 (as applicable to the State 
of Uttarakhand ) shall apply as they apply in respect of the 
rules made by the State Government under any Uttarakhand 
Act.  
Savings 9. (1) The provisions of this Act shall not apply to cases in which 
the selection process has been initiated before the 
commencement of this Act and such cases, deemed to be dealt 
in accordance with the provisions of  law and Government 
orders as they stood before such Commencement; 
Explanation- For the purpose s of this sub section the 
selection process shall be deemed to be initiated, where under 
relevant service rules, recruitment is to be made, on the basis 
of :- 
(i) written exam or interview only, the written exam or 
interview, as the case  may be, has been initiated, or  
(ii) both written e xam and interview, the written exam has 
been initiated. 
(2) The provisions of this Act shall not be apply to the  
appointment, to be made under “Uttar Pradesh Recruitment of 
Dependant of Government Servants Dying in Harness Rules, 
1974” and “The Dependant of martyr soldiers of Indian Army/ 
Paramilitary Forces (Permanent Resident of Uttarakhand) on 
compassionate basis in State Services Employment Rules, 
2018”.  
Power to make 
rules 
10. (1) The State Government may by notification in the Official 
Gazette, make rules for carrying out the purposes of this Act. 
(2) All rules under this Act shall as soon as may be after they 
are made be laid before State Legislature while it is in session. 
Overriding 
Effects 
11. Notwithstanding anything inconsistent therewith con tained in 
any other Act or Judgment/Decree/Order or directions of any 
courts the provisions of this Act, shall be valid and effective. 
Validation of 
certain actions  
12. (1) Anything done or purport to be done or any action taken, 
under Uttarakhand Government order   no. 1144/Personnel/-2-
2-2001-53(1)/2001 Dated 18 July,2001 and Government order 
no. 1966/xxx(2)/2006 Dated 24 July,2006 related to  women 
horizontal reservation, prior to the Commencement of this 
Act, shall be deemed to have been validly done under the 
provisions of this Act. 
(2) Every order of appointment of a person as a officer, Judge 
and every order of posting, promotion or transfer prior to the 
Commencement of this Act shall be deemed to be validly 
made under the provisions of this Act. 
(3) Every power exercised and function performed every 
matter dealt with, every proceedings, every order, judgement 
decree or sentence passed and every other act done by the 
officer, judge prior to the commencement of this Act shall be 
deemed to be validly e xercised, performed, dealt with , 
undertaken, passed or done under the provisions of this Act.              
Power to remove 
difficulties 
13. If any difficulties arises in giving effect to the provision of this 
Act, the State Government may by notified orde r, shall make 
such provisions  not inconsistent  with the provision of this 
Act and as appears to it to be necessary or expedient for 
removing the difficulty: 
             Provided that no such order shall be made after the 
expiry of a period of two years from the date of 
commencement of this Act.  
 
 
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