LexThe Uttarakhand Public Services (Reservation for Economically Weaker Sections) Act
Uttarakhand · state statute
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The Uttarakhand Public Services (Reservation for Economically
Weaker Sections) Act, 2019
[Uttarakhand Act No: 07 Year 2019]
An
Act
to determine the procedure for Uttarakhand Public Services ( Reservation for
Economically Weaker Sections) under the Arti cle 15(6) and Article 16(6) of the
Constitution of India;
Be it enacted by the Uttarakhand Legislative Assembly in the Seventieth year
of the Republic of India as follows:-
Short title and
commencement
1. (1) This Act may be called ‘ The Uttarakhand Public Services
(Reservation for Economically Weaker Sections) Act,
2019.
(2) It shall come into force at once.
Definitions 2.
In this Act,:-
(a) “Appointing Authority” in relation to public services and
posts means the Authority empowered to make
appointment to such services and posts;
(b)“Economically weak er Sections” means economically
weaker sections specified in Article 15(6) and Article 16(6)
of the Constitution;
(c)“Family” means person demanding reservation, their
husband/wife and children of less than 18 years of age
along with his parents, his siblings less than of 18 years of
age, as well as it includes his husband/ wife and children of
less than 18 years of age;
(d)“Public Services and Posts” means the services and posts
in con nection with the affairs of the state and includes
following posts and services:-
(i) Local Authority;
(ii) Clause (a) of Section 2 of the Uttarakhand C o-operative
Committee Act, 2003 in which not less than 51 percent of
share capital of Holding Share C ommittee by the State
Government;
(iii) Any board or any corporation or any legal body
established by the any central or Uttarakhand State Act
which is under the owner ship or control of the S tate
Government or Government company defined in the
Company Act, 2013,in which not less than 51 percent paid
up share capital by the state;
(iv) any educational institute under ownership and control
of the State Government or which receives grants in aid
from the State Government including a university
established b y or under Act of Uttarakhand State, except
any institute established and administered by minority
section specified in clause (1) of article 13 of the
Constitution of India ;
(e) “Year of recruitment ” in relation to a vacancy means
a period of 12 months commencing on first of July of a
year, within which the process of direct recruitment against
such vacancy is initiated;
Reservation in
favour of
economically
weaker sections
3. (1) In public services and posts, on the order of direct
recruitment vacancies to be recruited in accordance with the
roster s pecified in sub -section (4), 10 percent shall be
reserved in the favour of concerned persons of the
economically weaker sections.
(2) (a) In public services and posts, the reservation in favour of
economically weaker sections shall be given to such
permanent residents of the State of Uttarakhand, which are
not included in the existing reservations schemes for
Scheduled Castes, Scheduled T ribes and Socially and
Educationally Backward Classes.
(b) The persons of such economically weaker sections are
identified for the reservation as economically weaker
section, whose gross annual income of family, from all
sources is less than 8.00 lakh (eight lakh). Family income
includes income received from all sources na mely-salary,
agriculture, profession, business etc. The said income shall
be income of the previous financial year, from the year of
application, by the beneficiary ;
Provided that the person or their family possess any
property, from the following properties, shall not be eligible for
the reservation as economically weaker sections:-
(i) 5 acre of agricultural land or above; or
(ii) residential building of 1000 sq. feet or above; or
(iii) residential plot of 100 sq. yards or above in notified
municipalities; or
(iv) residential plot of 200 sq. yards or above in areas other
than the notified municipalities.
1[(3) If, in any recruitment year any vacancy reserved for
Economically Weaker Sections cannot be filled up due to
non availability of a suitable candidate, then such vacancies
for that particular recruitment year shall not be carried
forward to the next recruitment year as backlog and such
vacancy shall be filled up from a suitable candidate
belonging to General category.
If , any person belonging to Economically Weaker
Sections selected against the quota reserved for persons
with benchmark disabilities/ ex -servicemen then such
person shall be placed against the roster points earmarked
for Economically Weaker Sections.]
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1- Subs. by section 2 of UK Act no 3 of 2021.
(4) The State Government shall , for applying the reservation
under sub -section (1) , by notified order issue a roaster
which shall continuously apply, till it is exhausted.
(5) If a person belonging to economically weaker sections as
mentioned in sub-section (1) , get selected on the basis on
merit in an open completion with general candidates, he/she
shall not be adjusted against the vacancies, reserved for such
category, under sub-section (1).
Responsibility
and power for
compliance of
Act
4. (1) The State Government may by notified order entrust the
appointing authority or any officer or employee with
responsibility of ensuring the compliance of the provisions
of this Act.
(2) The State G overnment may in the like manner west the
appointing authority or officer referred in sub section (1)
with such power or authority as may be necessary for
effective discharging the responsibility entrusted to him
under sub section (1).
Penalty 5. (1) Any appointing a uthority or officer or e mployee entrusted
with the responsibility under sub -section (1) of S ection 4,
willfully acts in manner to contravene or defeat the
purposes of this Act shall , on conviction , be punishable
with imprisonment which m ay extend to 3 months or with
fine which may extend to 20000 or both;
(2) No court shall take the cognizance of any 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 order ;
(3) An offence punishable under sub section (1) shall be tried
summarily by a Metropolitan M agistrate or Judicial
Magistrate of First class and p rovision of sub section (1) of
Section 262, Section 263, Section 264 and S ection 265 of
the Code of Criminal Procedure, 1973 shall mutatis
mutandis apply.
Power to call
records
6. If it come to the notice of the State Government that any person
of category m entioned in sub section (1) of S ection 3 is
adversely effected due to compliance with o rder of
Government for its purposes or provision of this Act or rules
made under it than it can demand such records and shall take
action which it deems necessary.
Certificate 7. For the purposes of reservation provided under this Act,
certificate of eco nomically weaker section shall be issued by
such officer or authority and in such manner and form as the
State Government shall, by order, provide ;
Provided that certificate regarding income and property
shall be issued by officer not below the rank of Ta hsildar,
following the proper procedure after carefully verifying the all
relevant rules,.
Power to remove
difficulties
8. (1) If any difficulties arises in giving effect to the provision of
this Act, State Government may by notified order shall make
such provisions not inconsistent with the provision of this Act
as appears to it to be necessary or expedient for removing the
difficulties;
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.
Protection of
action taken in
good faith
9. 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.
10. Every order made under sub-section (3) of Section 3, Section 4
and Section 8 shall be laid, as soon as may be, before State
Legislative Assembly and the provisions of sub section (1) of
Section 23( a) of Uttar Pradesh General Clauses Act, 1904
(as applicable in Uttarakhand) shall apply as they apply in
respect of the rules made by the State Government under any
Uttarakhand Act.
Savings 11. (1) The provisions of this Act shall not be apply to cases in
which selection process has been initiated before the
commencement of this Act and such cases shall be dealt
in accordance with the provisions of law and
Government order s as they stood before such
commencement;
Explanation- For the p urpose of this sub section 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 test or
interview, as the case may be, has started, or
(ii) both written exam and interview, the written test has
started.
(2) The p rovisions of this Act shall not be a pply to the
appointment, to be made under Uttar Pradesh Recruitment
of Dependant of Government Servants Dying in Ha rness
Rules, 1974 a nd The D ependant of martyr soldiers of
Indian Army/ Paramilitary Forces (Permanent R esident of
Uttarakhand) on compassionate basis in State Services
Employment Rules, 2018.
Power to make
rules
12. The State Government may by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
Repeal and
Savings
13. (1) The Uttarakhand Public Services (Reservation for
Economically Weaker Sections) Ordinance, 2019 is hereby
repealed.
(2) Notwithstanding such repeal , anything done or any action
taken under the provision s of the Ordinance specified in
sub section (1) shall be deemed to have been done under
the corresponding provisions of this Act.
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