 bill no 33 of 2011 the scheduled castes and the scheduled tribes (reservation in posts and services) bill, 2011 by shri arjun meghwal, mp a billto provide for reservation in appointments or posts in civil services for members of the          scheduled castes and the scheduled tribes in establishments and                          for matters connected therewith or                                  incidental thereto   be it enacted by parliament in the sixty-second year of the republic of india asfollows:—1  (1) this act may be called the scheduled castes and the scheduled tribes(reservation in posts and services) act, 2011short title, application and commencement5(2)  it shall apply to every establishment under the state(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2  in  this act, unless the context otherwise requires,—(a) "appointing authority", in relation to a service or post in an establishment, means the authority empowered to make appointment to such service or post;(b) "establishment" means every such establishment owned, established, controlled, managed or financed by the government and includes—(i) a ministry or department or subordinate office or attached office of the government;5(ii) a public sector undertaking or statutory authority constituted under any central act;(iii) a corporation in which not less than fifty-one per cent of the paid-up share capital is held by the government;(iv) a university established by a central act and its affiliated colleges, including medical and engineering colleges and institutions;10(v) a primary or secondary school or any other educational institution; (vi) an industry, trade or business;1 of 1956(vii) a government company as defined under section 617 of the companies act, 1956; and15(viii) an autonomous body, organisation or institution receiving grant or aid from the consolidated fund of india; (c) "government" means the central government;20(d) "group 'a' post" or "group 'b' post" or "group 'c' post" or "group 'd' post"means a post which is classified as such by the president in exercise of the powers conferred by the proviso to article 309 of the constitution or by or under any act of parliament and includes an equivalent post in any establishment;(e) "prescribed" means prescribed by rules made under this act; (f) "promotion by non-selection" means promotion made on the basis of senioritycum-fitness;25(g) "promotion by selection" means promotion made on the basis of merit-cumseniority;(h) "recruitment year" means the calendar year for which the recruitment is made; and30(i) "scheduled castes" and "scheduled tribes" shall have the meanings respectively assigned to them in clauses (24) and (25) of article 366 of the constitution3 (1) the government shall reserve such percentage of posts for members of the scheduled castes and the scheduled tribes for appointment in civil services by direct recruitment and promotion, in such manner, as may be prescribedreservation in appointment by direct recruitment and promotion35(2) the vacancy reserved for members of the scheduled castes or the scheduled tribes under sub-section (1) shall be filled in such manner, as may be prescribed404 in the case of promotion by selection from one group 'a' post to another group 'a'post which carries the scale of pay, the maximum of which is equal to or less than the maximum of the scale of pay of a director in the central secretariat service or equivalent posts in other establishments, the officers belonging to the scheduled castes and the scheduled tribes shall be considered for appointmentinclusion of scheduled castes and scheduled tribes officers in select list in case of promotion within group 'a'5 (1) appointment to an unreserved vacancy shall be open to all eligible persons including a person belonging to the scheduled castes or the scheduled tribes45(2) where such unreserved vacancy is filled by direct recruitment or promotion by a person belonging to the scheduled castes or the scheduled tribes on the basis of merit, then, such person shall be appointed against the unreserved vacancy:unreserved vacancies to be  open to members of scheduled castes and scheduled tribesprovided that no such appointment shall be made for promotion by non-selectionrelaxation of age6 (1) the maximum age limit fixed for direct recruitment to a service or post shall beincreased by five years for members of the scheduled castes and the scheduled tribes(2) the maximum age limit fixed for promotion to a post, if any, shall be increased byfive years for members of the scheduled castes and the scheduled tribes5fee concession7 the examination fee or application fee, determined for recruitment to a service orpost through competitive examination or otherwise, may be reduced to such extent for members of the scheduled castes and the scheduled tribes, as may be prescribed10relaxation in qualifications and experience8 (1) any standard of suitability, excluding the essential and desirable qualifications,required for appointment by direct recruitment to a post may be relaxed for members of the scheduled castes and the scheduled tribes, if sufficient number of such candidates possessing requisite standards are not available to fill the vacancies reserved for them:provided that no such appointment shall be made where the candidate is found unfit tohold the post15(2) the experience required for appointment by direct recruitment to a post may berelaxed for members of the scheduled castes and the scheduled tribes, if at any stage of selection, sufficient number of such candidates possessing the requisite experience are not available to fill the vacancies reserved for themreservation in case of promotion209 (1) where a qualifying examination is held to determine fitness of eligible personsfor promotion by non-selection and sufficient number of members of the scheduled castes and the scheduled tribes fulfilling the qualifying standards are not available to fill the vacancies reserved for them, such qualifying standards may be relaxed, consistent with the minimum standards of fitness required for appointment to the post, in the case of members of the scheduled castes and the scheduled tribes25(2) where qualifying examination is held to determine merit of eligible persons forpromotion by selection and sufficient number of members of the scheduled castes and the scheduled tribes fulfilling the qualifying standards are not available to fill the vacancies reserved for them, such qualifying standards may be relaxed, consistent with the minimum standards of merit required for appointment to the posts, in the case of members of the scheduled castes and the scheduled tribes3010  the vacancies reserved for members of the scheduled castes or the scheduledtribes shall respectively be filled by members of the scheduled castes and the scheduled tribes onlyreserved vacancies to be filled by members of scheduled castes and scheduled tribes3511 where posts in an establishment are to be abolished and as a result thereof, theservices of certain persons are required to be either surrendered or terminated, no such surrender or termination shall be made in respect of members of the scheduled castes and the scheduled tribes, if it results in lowering their representation in relation to the percentage of reservation fixed for themabolition of posts not to affect the representation of members of scheduled castes and scheduled tribes liaison officer4012 (1) every establishment shall designate an officer of such rank, as may be prescribed,to function as a liaison officer for the purpose of ensuring that the provisions of this act or the rules made thereunder or any direction or instruction issued by the government regarding reservation are not contravened(2) the liaison officer  shall, from time to time, inspect and verify the documents,records and reports with respect to appointments of members of the scheduled castes and the scheduled tribes made by the appointing authority by direct recruitment or promotion(3) where the liaison officer is satisfied that any establishment has contravened the provisions of this act or the rules made thereunder or any direction or instruction issued, he shall submit a report of such contravention to the head of the establishment5(4) on receipt of the report of contravention under sub-section (3), the head of establishment shall take disciplinary action under section 17 against the person responsible for such contravention1013 (1) every appointing authority, or an officer authorised by him in this behalf, shall maintain such documents and records, and furnish every year a report on the appointments of members of the scheduled castes and the scheduled tribes made by direct recruitment and promotion, in such manner and at such time, as may be prescribedmaintenance of documents and records and furnishing of report by appointing authority(2) the appointing authority or any other officer authorised by him shall make availablesuch documents and records for inspection, furnish such information, and render such assistance, to the liaison officer, as may be necessary, to enable him to carry out his functions under this act1514 the government shall, subject to the availability of finance and other resources,develop and organise training programmes to advance the competence of members of the scheduled castes and the scheduled tribes for appointment to services and poststraining programme for scheduled castes and scheduled tribespenalty for making false claim2015 whoever knowingly makes a false claim that he is a member of the scheduled casteor the scheduled tribe, as the case may be, shall be liable to punishment for a term which may extend to three years or with fine which may extend to fifty thousand rupees or with both16 whoever knowingly issues a false scheduled caste or scheduled tribe certificateshall be liable for punishment for a term which may extend to three years or with fine which may extend to fifty thousand rupees or with bothpenalty for issuing false caste certificate2517 where any person responsible for implementing the provisions of this act or therules made thereunder, intentionally contravenes any of the provisions thereof, he shall be liable for disciplinary action under the service rules applicable to such persondisciplinary action for contravention of provisions of act power to issue directions18 the government may, for giving effect to the provisions of this act or the rulesmade thereunder, issue such directions to establishments, as it deems fit30existing office memoranda to continue19 all memoranda issued or purported to have been issued by the government inrelation to reservation of posts in civil services for members of the scheduled castes and the scheduled tribes, immediately before the commencement of this act, shall, in so far as theyrelate to the matters for which provisions have been made in this act and are not inconsistent therewith, be deemed to have been issued under this act as if this act had been in force on the date on which such memoranda were issued35power to make rules20 (1) the central government may, by notification in the official gazette, make rulesto carry out the provisions of this act(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 posts for reservation and the manner of reservation undersub-section (1) of section 3;40(b) the manner of filling vacancies under sub-section (2) of section 3;(c) the extent of reduction in examination fee and application fee undersection 7;(d) the rank of the officer to be designated as the liaison officer under sub-section (1) of section 12;(e) the documents and records to be maintained and the time and manner of furnishing report under sub-section (1) of section 13510(3) every rule made by the central government under this section shall be laid, as soon as may be, after it is made, before 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 statement of objects and reasonsat present, administrative instructions issued by the central government from time to time, provide for reservation in appointments or posts in favour of the persons belonging to the scheduled castes and the scheduled tribes in civil  services under the control of the central government these instructions have been issued in pursuance of clauses (4) and (4a) of article 16 and the proviso to article 335 of the constitution which empower the state to make provisions for reservation in appointments or posts in favour of the persons belonging to the scheduled castes and the scheduled tribes2 being sensitive to the need for providing adequate representation for the scheduled castes and the scheduled tribes in  civil  services under the control of central government and to give statutory backing to the instructions in the matter, it is proposed  to bring forward a suitable legislation which will elevate the provisions of the reservation to a statutory right and also instil greater  confidence amongst members of the scheduled castes and the scheduled tribes it will go a long way in meeting the constitutional goal of securing justice, liberty and equality for all citizens of the country and in promoting fraternity amongst them all3 in the light of m nagraj case decided by the supreme court in the year of 2006 the reservation in promotion has not been granted by many states of  union of  india and litigation in this regard has also reached in the complex situation so, it is also urgent need to make a law in this connection and clause 16(4a) of the constitution of india is needed further clarification and that clarification will meet with an enactment4 the bill seeks to achieve the above objectsnew delhi;arjun meghwaljuly 18, 2011 memorandum regarding delegated legislationsub-clause (1) of clause 3 of the bill empowers the central government to prescribe the extent and manner of reservation by direct  recruitment and promotion in civil services for the members of the scheduled castes and the scheduled tribes sub-clause (2) thereof empowers the central government to prescribe the manner of filling such vacancy2 clause 7 of the bill empowers the central government to prescribe the extent of fee concession for the members of the scheduled castes and the scheduled tribes3 sub-clause (1) of clause 12 of the bill empowers the central government to prescribe the rank of the officer who may be designated as the liaison officer4 sub-clause (1) of clause 13 of the bill empowers the central government to prescribe the manner of maintaining documents and records, and the manner and time of furnishing report on appointments of the members of the scheduled castes and the scheduled tribes made by direct recruitment and promotion, by the appointing authority5 the matters in respect of which rules may be made or notification may be issued are essentially matters of detail or procedure the delegation of legislative power is, therefore, of a normal character————— a billto provide for reservation in appointments or posts in civil services for members of the scheduled castes and the scheduled tribes in establishments and for matters connected therewith or incidental thereto—————(shri arjun meghwal, mp)