| relaxation      | in       ||-----------------|----------|| qualifications  |          || regarding       |          || experience     |          || 8              |          || (1)             |          || the             |          || qualification   |          || regarding       |          || experience      |          || required        |          || for             |          || direct          |          || recruitment     |          || to              |          || a               |          || post            |          || may             |          || be              |          || relaxed         |          || in              |          || the             |          || case            |          || of              |          || members         |          || of              |          || the             |          || scheduled       |          || castes,         |          || scheduled       |          || tribes          |          || and             |          || other           |          || backward        |          || classes,        |          || if,             |          || at              |          || any             |          || stage           |          || of              |          || selection,      |          || sufficient      |          || number          |          || of              |          || candidates      |          || from            |          || such            |          || communities     |          || possessing      |          || the             |          || requisite       |          || experience      |          || are             |          || not             |          || likely          |          || to              |          || be              |          || available       |          || to              |          || fill            |          || the             |          || vacancies       |          || reserved        |          || for             |          || them           |          || £               |          || (2)             |          || any             |          || general         |          || standard        |          || of              |          || suitability     |          || for             |          || direct          |          || recruitment     |          || may             |          || be              |          || lowered         |          || in              |          || the             |          || case            |          || of              |          || members         |          || belonging       |          || to              |          || the             |          || scheduled       |          || castes,         |          || scheduled       |          || tribes          |          || and             |          || other           |          || backward        |          || classes,        |          || if              |          || sufficient      |          || number          |          || of              |          || candidates      |          || belonging       |          || to              |          || these           |          || communities     |          || are             |          || not             |          || available       |          || on              |          || the             |          || basis           |          || of the          |          || general         |          || standards       |          || to              |          || fill            |          || all             |          || the             |          || vacancies       |          || reserved        |          || for             |          || them:           |          || provided        |          || that            |          || no              |          || candidate       |          || who             |          || is              |          || found           |          || unfit           |          || to              |          || hold            |          || the             |          || post            |          || shall           |          || be              |          || appointed      |          || 10              |          || 9              |          || (1)             |          || where           |          || a               |          || qualifying      |          || examination     |          || is              |          || held            |          || to              |          || determine       |          || the             |          || fitness         |          || of              |          || candidates      |          || for             |          || promotions      |          || by              |          || method          |          || of              |          || non-selection   |          || but             |          || sufficient      |          || number          |          || of              |          || candidates      |          || belonging       |          || to              |          || the             |          || scheduled       |          || caste           |          || and             |          || scheduled       |          || tribe           |          || with            |          || general         |          || qualifying      |          || standard        |          || are             |          || not             |          || available       |          || operation       | of       || reservation     | in       || case            | of       || promotion       | by       || ron-selection  |          || to              |          || fill            |          || the             |          || vacancies       |          || reserved        |          || for             |          || them,           |          || the             |          || qualifying      |          || standard        |          || may             |          || be              |          || lowered         |          || consistent      |          || with            |          || the             |          || minimum         |          || standard        |          || of              |          || fitness         |          || for             |          || appointment     |          || to              |          || the             |          || post            |          || in              |          || the             |          || case            |          || of              |          || candidates      |          || {s-             |          || belonging       |          || to              |          || the             |          || scheduled       |          || castes          |          || and             |          || scheduled       |          || tribes         |          || (2)             |          || where           |          || merit           |          || is              |          || determined      |          || by              |          || qualifying      |          || examination     |          || in              |          || promotion       |          || by              |          || selection       |          || but             |          || sufficient      |          || number          |          || of              |          || candidates      |          || belonging       |          || to              |          || the             |          || scheduled       |          || castes          |          || and             |          || scheduled       |          || tribes          |          || with            |          || general         |          || qualifying      |          || standard        |          || are             |          || not             |          || available       |          || to              |          || fill            |          || the             |          || vacancies       |          || reserved        |          || for             |          || them,           |          || the             |          || qualifying      |          || standard        |          || may             |          || be              |          || lowered         |          || consistent      |          || with            |          || the             |          || minimum         |          || standard        |          || of              |          || 2               |          || merit           |          || for             |          || appointment     |          || to              |          || the             |          || posts           |          || in              |          || the             |          || case            |          || of              |          || candidates      |          || belonging       |          || to              |          || the             |          || scheduled       |          || castes          |          || and             |          || scheduled       |          || tribes         |          || reservation     |          || not             | to       || 10             |          || total           |          || number          |          || of              |          || vacancies       |          || reserved        |          || for the         |          || members         |          || of              |          || the             |          || scheduled       |          || castes,         |          || scheduled       |          || tribes          |          || and             |          || other           |          || backward        |          || classes         |          || in              |          || a               |          || cadre           |          || in              |          || a               |          || recruitment     |          || year            |          || shall           |          || not             |          || exceed          |          || fifty           |          || per             |          || cent           |          || of              |          || the             |          || total           |          || number          |          || of              |          || vacancies       |          || in              |          || the             |          || cadre:          |          || as              |          || fifty           | per      || of              | the      || vacancies,      |          || provided        |          || that            |          || the             |          || backlog         |          || of              |          || the             |          || reserved        |          || vacancies       |          || for             |          || the             |          || scheduled       |          || castes          |          || and             |          || scheduled       |          || tribes          |          || shall           |          || not             |          || be              |          || ccunted         |          || while           |          || determining     |          || the             |          || aforesaid       |          || fifty           |          || per             |          || cent           |          || of              |          || the             |          || total           |          || number          |          || of              |          || vacancies       |          || in              |          || the             |          || cadre          |          || explanation—for |          || the             |          || purposes        |          || of              |          || this            |          || section,        |          || "cadre"         |          || means           |          || such            |          || posts           |          || in              |          || any             |          || grade           |          || of              |          || a               |          || service         |          || which           |          || are             |          || earmarked       |          || to              |          || be              |          || filled          |          || by              |          || direct          |          || recruitment,    |          || promotion       |          || by              |          || 3e              |          || selection       |          || or              |          || promotion       |          || by              |          || non-selection,  |          || as              |          || the             |          || case            |          || may             |          || be             |          || appointments    |          || 11             |          || (/)             |          || the             |          || vacancies       |          || reserved        |          || for             |          || members         |          || of              |          || the             |          || scheduled       |          || castes          |          || or              |          || scheduled       |          || tribes          |          || or              |          || other           |          || backward        |          || classes         |          || in              |          || the             |          || matter          |          || of              |          || appointments    |          || by              |          || direct          |          || recruitment     |          || shall           |          || not             |          || be              |          || filled          |          || by              |          || candidates      |          || not             |          || belonging       |          || to              |          || the             |          || scheduled       |          || castes          |          || or              |          || scheduled       |          || tribes          |          || or              |          || other           |          || backward        |          || classes,        |          || as              |          || the             |          || case            |          || may             |          || be             |          || as              |          || for             | reserved || vacancies       | to       || be              | made     || candidates      |          || from            | reserved || categories     |          || (2)             |          || the             |          || vacancies       |          || reserved        |          || for             |          || members         |          || of              |          || the             |          || scheduled       |          || castes          |          || or              |          || scheduled       |          || tribes          |          || in              |          || the             |          || matter          |          || of              |          || appointment     |          || by              |          || promotion       |          || shall           |          || be              |          || filled          |          || only            |          || by              |          || the             |          || candidates      |          || belonging       |          || to              |          || the             |          || scheduled       |          || castes          |          || or              |          || scheduled       |          || tribes,         |          || as              |          || the             |          || case            |          || may             |          || be             |          || 12             |          || where           |          || posts           |          || in              |          || a               |          || cadre           |          || are             |          || to              |          || be              |          || abolished       |          || and             |          || the             |          || employees       |          || are             |          || required        |          || to              |          || be              |          || surrendered     |          || or              |          || their           |          || services        |          || are             |          || required        |          || to              |          || be              |          || terminated      |          || as              |          || a               |          || result          |          || thereof,        |          || a               |          || scheduled       |          || yo              |          || caste           |          || or              |          || scheduled       |          || tribe           |          || or              |          || an              |          || other           |          || backward        |          || class           |          || employee        |          || shall           |          || not             |          || be              |          || surrendered     |          || or              |          || abolition       | of       || posts           | not      || affect          | the      || ber             | of       || posts          |          || his             |          || services        |          || shall           |          || not             |          || be              |          || terminated      |          || if              |          || it              |          || results         |          || in              |          || lowering        |          || the             |          || representation  |          || of              |          || the             |          || scheduled       |          || castes          |          || or              |          || the             |          || scheduled       |          || tribes          |          || or              |          || the             |          || other           |          || backward        |          || classes,        |          || as              |          || the             |          || case            |          || may             |          || be,             |          || in              |          || relation        |          || to              |          || percentage      |          || of              |          || reservation     |          || fixed           |          || for             |          || them           |          || liaison         |          || officers        | to       || appointed       |          || 13             |          || (1)             |          || in              |          || every           |          || ministry        |          || or              |          || department      |          || of              |          || the             |          || government,     |          || an              |          || officer         |          || ofsuch          |          || rank            |          || as              |          || us-             |          || may             |          || be              |          || prescribed,     |          || shall           |          || be              |          || designated      |          || to              |          || act             |          || as              |          || the             |          || liaison officer |          || to              |          || ensure          |          || that            |          || the             |          || provisions      |          || of              |          || this            |          || act             |          || or              |          || the             |          || rules           |          || made            |          || thereunder      |          || or              |          || instructions    |          || issued          |          || by              |          || the             |          || government      |          || regarding       |          || reservation     |          || are             |          || not             |          || violated        |          || in              |          || any             |          || establishment  |          || s               |          |(2) in offices under the contro! of heads of department, an officer of such rank as may be prescribed, shall be designated to act as the liaison officer to ensure that the lo provisions of this act or the rules made thereunder or instructions issued by the government about reservation are not violated in the office (3) where any case of negligence or lapse in relation to providing reservation for members of the scheduled castes or scheduled tribes or other backward classes come to the notice ofthe liaison officer during the course ofthe inspection carried out by him, or 'otherwise, he shall submit his report tothe concerned secretary to the government orto the 'head ofthe department, asthe case may be, and that secretary ot head of the department, shall issue appropriate orders in the matter to the concerned appointing authority 14, (1) every appointing authority or any other officer authorised by him inthis behalf shall maintain such records or documents, and furnish every year to the government a feport on the appointments made by direct recruitment and promotions, in such manner and ye at such time, as may be prescribed (2) the government may by order authorise any officer to inspect the records or documents maintained under sub-section () to verify the report furnished to it in relation to appointments made by direct recruitment or by promotion, (3) it shall be the duty of the appointing authority or of any other officer authorised by \s the appointing authority in this behalf to make available such records or documents to the authorised officer to inspect the records or documents and to furnish such information and render such assistance tothe authorised officer to inspect as may be necessary for carrying 'out his functions under this act 15 whoever knowingly makes a false claim that he is a member of the scheduled a€ caste or the scheduled tribe or the other backward class, as the case may be, and whoeves knowingly issues a false certificate to this effect, shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to fifty thousand rupees, or with both, 16 the government may, from time to time, give such directions to the establishments 25 asitmay deem fit, to give effect to the provisions of this act, and every establishment shall bbe bound by such directions 17 all memoranda issued or purported to have been issued immediately before the commencement of this act by the central government in relation to reservation of posts in sivil services for the scheduled castes, scheduled tribes and other backward classes shall, 3e in so far as they relate to matters for which provision is made in this act and are not inconsistent therewith, be deemed to have been issued under this actas if this act had been in force on the date on which such memoranda were issued and shall continue in force unless and until they are superseded by any rule made under this act 18, (j) the central government may, by notification in the official gazette, make rules 35 to carry out the provisions of this act (2) in particular and without prejudice to the generality ofthe foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the percentage of reservation for the members of the scheduled castes, scheduled tribes and other backward classes for appointment by direct recruitment 'we to posts under sub-section (1) of section 3; (6) the percentage of reservation for the members of the scheduled castes and scheduled tribes for appointments by promotion to the grades of posts under subsection (2) of section 3; (6) the manner of filling vacancies reserved forthe members ofthe scheduled ys" castes, scheduled tribes and other backward classes under sub-section (4) of section 3; (@) the examination fee and application fee to be paid by the members of the 'scheduled castes and scheduled tribes under section 7; (@) prescribing the carry forward, method for reserved vacancies; | report     | to    | be    ||------------|-------|-------|| made       |       |       || by         |       |       || every      |       |       || appointing |       |       || authority  |       |       || penalty    | for   |       || making     | false |       || claim      |       |       || power      | to    | sive  || directions |       |       || power      | to    | make  || rules     |       |       |(/) prescribing for the rank of the officer in every ministry or department and in the offices under the control of head of department to be designated as the liaison 'officers under sub-sections (7) and (2) of section 13; (g) the records or documents to be maintained, reports to be furnished on appointments and promotions made, the time within which and the manner in which = the report be furnished by the appointing authority under sub-section (j) of section 14; and (a) any other matter which is required to be, or may be, prescribed () 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, fora fo 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 tule 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 maybe; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notified order or rule, ms'the bill seeks to achieve the above objects new dewan; 'suresh pachouri, the 18th december, 2004, memorandum regarding delegated legislationclause 18 of the bill empowers the central government to make rules to provide for— (a) the percentage of reservation for the members of the scheduled castes, the scheduled tribes and other backward classes for appointment by direct recruitment to the posts; (b) the percentage of reservation for the members of the scheduled castes and the scheduled tribes for appointments by promotion to the grades of posts; (c) the manner of filling vacancies reserved for the members of the scheduled castes, the scheduled tribes and other backward classes; (d) the examination fee and application fee to be paid by the members of the scheduled castes and the scheduled tribes; (e) the carry forward method for reserved vacancies; (f) designation of the liaison officers; and (g) the maintenance of records, reports and other documents 2 the matters in respect of which rules may be made are matters of administrative details and procedure and, it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character  billto provide for reservation of posts in civil services for members of the scheduled castes, the scheduled tribes and the other backward classes in establishments and for 'matters connected therewith or incidental thereto (siri suresh pachouri, minister of state for personnel, public grievances & pensions 'and parliamentary affairs) 'mgipmrno—3760rs—20122004, 