authority is of the opinion that sufficient number of scheduled caste and scheduled tribe candidates with requisite qualifications are not available to fill up the vacancies reserved for them; and  (d) the appointing authority shall pay them such travelling allowance, as may be prescribed, for the purpose of attending competitive examination and/or interview protections of 9 no suit, prosecution or other legal proceedings shall lie against any establishment reapers ® or any other person for anything which has been done or intended to be done in pursuance " of giving effect to the provision of this act or any rule or order made thereunder liaison officer 10 (1) every establishment shall designate one or more officers of such rank, as 10 : may be prescribed, to act as liaison officer in respect of matters provided in this act and to ensure that the provision of this act or rules made thereunder are not violated (2) the liaison officer, shall, in particular, be responsible for— (a) ensuring coordination and proper implementation of the provisions of this act and the rules made or any order, instruction or direction issued by the central x government, thereunder; 15 (b) ensuring timely submission of the annual report, referred to in section 11 to the central government; i (¢) conducting annual inspection of records in such manner, as may be prescribed; and aa 20 (d) doing such other incidental work, as may be necessary, for the proper implementation of the provisions of this act or the rules made thereunder submission of 13 (1) every appointing authority shall maintain such records, as may be selon st prescribed, and shall furnish every year, in such manner and at such time, as may be bas aren of prescribed, to the central government an annual report on the appointments and other records promotions made by it during the previous recruitment year: 25 and inspection raask provided that the appointing authority shall maintain separate records of all 30 appointments and promotions made during the previous recruitment year for each category of posts and services arid each of such records shall specifically contain the number and percentage of persons belonging to the scheduled castes and the scheduled tribes who were appointed or promoted to fill up the vacancies against those posts and services during that recruitment year (2) the central government may authorise any officer to inspect any records or documents which are maintained in relation to appointments and promotions made in any establishment by the appointing authority 35 (3) it shall be the duty of the appointing authority to make available such records or documents to— ea (a) the officer authorised under sub-section (2) and furnish to him such ie ' information and render such assistance as may be necessary for him to carry out his functions under this act; and (6) any employee working under him on receiving a written request 40 punishment, 12 whoever contravenes the provisions of this act shall be punished with imprisonment which may extend to one year or with fine amounting to rupees ten thousand or with both ; 45punishment for 13 whoever knowingly makes a false claim that he is a member of the scheduled making folse caste or, as the case may be, the scheduled tribe, and whoever knowingly issues 4 false siemon certificate to this effeét, shall be punished with imprisonment for a'term which shall be not less than three years or with fine which may extend to rupees ten thousand or with both 14, the central government may, by order give such directions, as it may deem fit, time to time, to give effect to the provisions of this act and every establishment shall be bound by all such directions issued by the central government 15 (1) if any difficulty arises in giving effect to the provisions of this act, the atral government may, by order, to be published in the official gazette, make such isions, not inconsistent with the provisions of this act, as may appear to it to be for removing the difficulty (2) every order made under this section shall be laid as soon as may be after it is , before each house of parliament 16 the central government shall, every year, lay before cach house of ment, a report giving full account of the working of the provisions of this act ig the preceding recruitment year: provided that the report shall also include details of penal action taken against the appointing authorities for violating the provisions of this act 4 17 (1) the central government may, by notification in the official gazette, make ules for carrying out the purposes of this act a (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the percentage of vacancies to be reserved for the members of the scheduled castes and the scheduled tribes under sub-section (3) of section 3; (4) the manner of filling vacancies reserved for the scheduled castes and the scheduled tribes under sub-section (4) of section 3; (© the number of recruitment years for carrying forward reserved vacancies not filling in a particular recruitment year and the manner of interchange of vacancies between the scheduled castes and the scheduled tribes under section 5; p (d) relaxation in upper age limit; (¢) reduction in quantum of fees to be charged for admission to competitive examination/interview; (f) the rate at which the travelling allowance, referred to in clause (d) of section 8, may be given to the scheduled castes and the scheduled tribes; (g) rank of officer to be designated as liaison officer under section 10; (4) the manner in which records may be maintained by the appointing authority and the manner in which and the time at which an annual report on the appointments and promotions made by the appointing authority during the previous year may be furnished under sub-section (1) of section 11; () the manner of conducting inspection of records under section | 1; () procedure that may be followed by the appointing authority for verification of the caste status of the appointee and the procedure that may be followed by the higher authority in case an appeal is filed by the appointee against the action of appointing authority; and : (k) any other matter which may be prescribed or in respect of which rules are required to be made by the central government, (3) every rule made under this act shall be laid, as soon as may be after it is made, efore each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule act to have over riding effect 18 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act statement of objects and reasonsarticles 38, 39 and 46 of the constitution require the state to promote educational and economic interests of the scheduled castes and the scheduled tribes in order to render social justice to them and since employment including promotions in service is an aspect of economic interest of the scheduled castes and the scheduled tribes, it is the duty of the state to give adequate protection to the economic interests of the scheduled castes and the scheduled 'tribes moreover, it has been our natioal policy to make special provisions for the advancement of the scheduled castes and the scheduled tribes in matters relating to their employment or appointment, including promotions, to any office under the state this view was also upheld by the supreme court in rangachari's case in 1962 and ever since many judgements have been delivered by © saprerne court on the above principle including the judgements in the thomas' case ar! > railway karamachari sangh's case however, in the recent mandal case the supreme court took the view that reservation in confined only to initial recruitment and does not include promotion and, as such, reservation in promotion is not covered under article 16(4) of the constitution, the decision of the supreme court is enforceable throughout the territory of india under article 142 of the constitution unless a law is made by the parliament annulling the effect of the decision of the supreme court in such circumstances it has, therefore, become necessary to amend article 16 and ninth schedule to the constitution making reservation in promotion as a part of reservation 'scheme and such reservation of appointment and posts, which includes reservation in promotion in services and posts under the state, may not be subject to any judicial scrutiny however, it is all the more important that a separate act should be made providing for ensuring reservation in appointments and posts for the scheduled castes and the scheduled tribes, including reservation for them in promotions in all the departments of the central government and state governments, nationalised banks, public sector undertakings, siatutory authorities, autonomous bodies, companies or corporations, societies, local authorities, universities, educational institutions affiliated to the universities or those recognised by the central government or receiving aid from the central government, etc moreover, penal provisions have to be provided io ensure effective implementation of the act and to ensure that the reservation is not less than' fifteen per cent of the total number of vacancies for members of the scheduled castes and seven and half per cent of the total number of vacancies for members of the scheduled tribes at any given point of time im the bill seeks to achieve the above objective  financial memorandumclause 8(d) of the bill provides that the appointing authority shall pay to the scheduled caste and the scheduled tribe candidates such travelling allowance, as may be prescribed, for the purpose of attending competitive examination and/or interview, clause 11 provides that every appointing authority shall maintain such records, as may be prescribed, and shall furnish every year, in such manner and such time, as may be prescribed, to the central government an annual report on the appointments and promotions made by it during the previous recruitment year clause 16 provides for the preparation and laying of an annual report on the working of the act before each house of parliament the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees one hundred crore from the consolidated fund of india no non-recurring expenditure is likely to be involved _ memorandum regarding delegated legislationclause 17 of the bili empowers the central government to make rules for carrying the provisions of the bill the matters in respect of which rules may be made are s of procedure and detail and since it is not possible to incorporate the same in the bill, the delegation of legislative power is of a normal character 