12 where posts in an establishment are to be abolished and as a result thereof, the services 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 |                | abolition    | of    ||----------------|--------------|-------|| posts          | not          | to    || affect         | the          |       || representation |              |       |the scheduled tribes, if it results in lowering their representation in relation to the percentage of members of reservation fixed for them | of        | scheduled    ||-----------|--------------|| castes    | and          || scheduled |              || tribes   |              |13 (1) every establishment shall designate an officer of such rank, as may be prescribed, liaison officer 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 satified 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 establishment (4) on receipt of the report of contravention under sub-section (3), the head of establishment shall take disciplinary action under section 18 against the person responsible for such contravention 14 (/) 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 prescribed maintenance of documents and records and furnishing of report by appointing authority (2) the appointing authority or any other officer authorised by him shall make available such 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 act training programmes 15 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 posts for scheduled castes and scheduled tribes 16 whoever knowingly makes a false claim that he is a member of the scheduled caste penalty for making false claim or 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 both 17 whoever knowingly issues a false scheduled caste or scheduled tribe certificate shall 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 both penalty for issuing false caste certificate 18 where any person responsible for implementing the provisions of this act or the rules made thereunder, intentionally contravenes any of the provisions thereof, he shall be liable for disciplinary action under the service rules applicable to such person disciplinary action for contravention of provisions of act power to issue directions 19 the government may, for giving effect to the provisions of this act or the rules made thereunder, issue such directions to establishments, as it deems fit existing office memoranda to continue 20 all memoranda issued or purported to have been issued by the government in relation 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 they relate to the matters for which provisions have been made in this act and are not inconsistent [e i as botherewith, 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 issued 21 (/) the central government may, by notification in the official gazette, make rules power to make rules to 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 under sub-section (/) of section 3; (6) the manner of filling vacancies under sub-section (2) of section 3; (c) the extent of reduction in examination fee and application fee under section 8; jo (d) the rank of the officer to be designated as the liaison officer under subsection (/) of section 13; (2) the documents and records to be maintained and the time and manner of furnishing report under sub-section (/) of section 14 (3) every rule made by the central government under this section shall be laid, as soon ey 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 (see clause (iv) of sub-section (/) of section 4) aligarh muslim university, aligarh all india institute of medical sciences, new delhi allahabad university, allahabad banaras hindu university, varanasi delhi university, delhi dr br ambedkar national institute of technology, jalandhar imperial war museum indian institute of management, kolkata indian institute of management, lucknow indian institute of management, ahmedabad indian institute of management, bangalore indian institute of management, indore indian institute of management, kozhikode indian institute of technology, chennai indian institute of technology, guwahati indian institute of technology, kanpur indian institute of technology, kharagpur indian institute of technology, mumbai indian institute of technology, new delhi indian institute of technology, roorkee indian museum, calcutta indian war memorial, new delhi sas a a ie jawaharlal institute of post graduate medical education and research, pondicherry malaviya national institute of technology, jaipur 24 maulana azad national institute of technology, bhopal eke motilal nehru national institute of technology, allahabad 26 27 28 29 30 national institute of technology, surathkal national institute of technology, agartala national institute of technology, calicut national institute of technology, durgapur national institute of technology, hamirpur 31 national institute of technology, jamshedpur az 33 national institute of technology, kurukshetra national institute of technology, patna national institute of technology, raipur 33, national institute of technology, rourkela 36 national institute of technology, silchar 37 national institute of technology, srinagar 38 national institute of technology, tiruchirappalli 39 national institute of technology, warangal national library, calcutta 41 post graduate institute of medical education and research, chandigarh 42 rajiv gandhi indian institute of management, shillong 43 sardar vallabhbhai national institute of technology, surat 45 victoria memorial, calcutta vishwa bharati, west bengal visvesvaraya n tional institute of technology, nagpur 47,  statement of objects and reasonsat present, administrative instructions issued by the central government from time to time, provide reservation of appointments or posts for 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 of india which empower the state to make provisions for reservation of appointments or posts in favour of the scheduled castes and the scheduled tribes 7 2 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, the government decided to enact a suitable legislation which will elevate the provisions of the reservation to a statutory right and also insti! greater confidence amongst members of the scheduled castes and the scheduled tribes {t 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 all 3 the bill seeks to achieve the above objects new det; prithviraj chavan the 19th december, 2008 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 vacancy 2 item (iv) of sub-clause (1) of clause 4 of the bill empowers the central government to amend the schedule, by notification in the official gazette, to include or, omit from, such schedule any institution of national importance and indian institutes of management 3 clause 8 of the bill empowers the central government to prescribe the extent of fee concession for the members of the scheduled castes and the scheduled tribes 4 sub-clause (1) of clause 13 of the bill empowers the central government to prescribe the rank of the officer who may be designated as the liaison officer 5 sub-clause (1) of clause 14 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 authority 6 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