9 notwithstanding anything to the contrary in any law, judgement, decree, order, or direction or court/ tribunal or authority, and notwithstanding any inter se merit prepared by | roster    | to    ||-----------|-------|| treated   | as    || seniority |       |the public service commission, recruitment authority/board/competent person, separately between general and reserved category candidates, the scheduled castes/scheduled tribes candidate appointed/promoted to a reserved post shall get his seniority, from the date of such appointment/promotion/upgradation and adjusted in the service as per the roster maintained in the concerned establishment/deptt/cadre/service/or office at each stage of appointment/promotion/upgradation irrespective of the roster points occupied in the immediate lower cadre/post as the case may be the roster shall be treated as seniority for 10 general as well as reserved candidate |             |         | reserved    | posts    ||-------------|---------|-------------|----------|| not         | to      | be          | filled   || by          | general |             |          || candidates |         |             |          |10 post reserved for the scheduled castes and the scheduled tribes under subsection (/) of section 3 shall be filled in such manner as may be prescribed with the reserved candidate only and shall not be filled up by general category candidate, even in the absence of reserved category candidate not selected/not available | vacancies    | not    ||--------------|--------|| 15           |        || 11          | the    || shall        | not    || to           | be     || dereserved  |        || special      |        || recruitment  |        || drive        | to     || reserved     |        || vacancies    |        |12, notwithstanding anything in any judgement/decree/order or direction of a court/ tribunal or authority to the contrary, the union of india or the establishment shall fill up such backlog posts or class of posts/vacancies by special recruitment drive for recruitment/ promotion/upgradation without clubbing the current vacant post(s) or vacancy(ies) the prohibition of not to reserved in a recruitment year more than 50% of the posts/class of posts/vacancies in a cadre/grade/service shall have no bearing to such special recruitment drive/promotion/upgradation along with general recruitment or otherwise 13 if the required number of candidates from the scheduled castes/scheduled tribes are not selected or not available to fill up the respective reserved post/class of post/vacancy, | exchange                      | of                    ||-------------------------------|-----------------------|| reserved                      |                       || vacancies                     |                       || the                           | same                  || castes/scheduled              | tribes,               || maintenance                   |                       || of                            | percentage            || reservation                  |                       || 14                           | however,              || category                      | so                    || category                     | thus                  || maintained                   |                       || head                          | of                    || establishment                 |                       || 15                           | the                   || authority                     | is                    || shall be                      | the                   || to                            | implement             || act                          |                       || savings                      |                       || 16                           | this                  || 35                            |                       || the                           | constitution          || of                            | recruitment/          || regulate                      | probation             || the                           | rules                 || 17                           | notwithstanding       || seniority                     | to                    || base                          | on                    || existing                      |                       || roster                       |                       || 45                            |                       || of                            | a                     || scheduled                     |                       || castes/                       |                       || scheduled                     |                       || tribes                        |                       || appointed,                    |                       || on                            |                       || direct                        |                       || recruitment/promotion/        |                       || upgradation                   | or                    || prescribed procedure,         | shall                 || upgradation                   |                       || in                            |                       || each                          |                       || cadre/grade/service/category |                       || his                           |                       || placement                     |                       || of                            |                       || seniority                     |                       || will                          |                       || be                            |                       || as                            |                       || per                           |                       || the                           |                       || existing                      |                       || roster                        |                       || in                            |                       || the                           |                       || promoted                      |                       || cadre/grade/service/category |                       || the                           |                       || roster                        |                       || point                         |                       || occupied                      |                       || in                            | the                   || later                         | promotion/upgradation |relaxation and concessions 4, (1) the union of india/competent authority of the establishment shall be responsible for the following:— (1) relaxation of the upper age limit fixed for appointment to a service by such number of years as may be prescribed under the rules made under this act, but not less than five years however, till then the rules, instructions or regulation in force/operation not inconsistent with this act, shall remain in operation however, relaxation of five years shall remain in force till then (ii) exemption of the fee fixed for applying for selection to a service/post/ office separately or combinedly, through an examination or otherwise to such extent as may be prescribed till then the existing rules or instructions shall remain in operation, 10 (tit) notwithstanding any law, judgement/decree/order/direction of court, tribunal or authority to the contrary, the union of india, the instrumentality or the concerned establishment, shall have power and shall always be deemed to have power to make provision for relaxation, prescribed lower qualifying marks or lessor standards of evaluation, other qualifications or relax previous experience 15 for direct recruitment/promotion/upgradation for the scheduled castes and the scheduled tribes, to secure their full representation as per prescribed percentage in section 3(2) in all services/ offices/cadres/categories/grades instructions, relaxation and concessions prescribed by the union of india prior to 16111992 ie judgement in inder sawheny versus union of india 1992 supple 3 scc 217 case shall remain in force to the extent not inconsistent with this act, unless new rules or instructions consistent with this act are issued in the meanwhile withdrawal of any relaxation/concession, made after the said date shall have no legal effect (2) the recruiting authority/competent officer may pay to the candidate belonging to the scheduled castes or the scheduled tribes called for interview, such travelling allowance, as may be determined by prescribed authority till the rules under the act are made, the existing rules or instructions in that behalf shall remain in operation clubbing of single post 5 (1) notwithstanding anything in any law, judgement, decree, order or direction of court, tribunal or authority to the contrary, single posts carrying equal scale of pay or responsibility and duty in the deptt or establishment, shall be clubbed and provide reservation to the scheduled castes and scheduled tribes for appointment/promotion/ upgradation, in those posts in accordance with this act and rules instructions or directions by whatever name called but not inconsistent with the act in force shall remain in operation 35 (2) roster shall be applied for other single post in an establishment and if scheduled caste/scheduled tribe candidate at the roster point at the time of vacancy arising, available, such vacancy at the roster point, shall be considered and if scheduled caste/scheduled tribe candidate found selected, may be appointed or otherwise be carried forward till succeeding vacancy arises roster and its operation6 (1) notwithstanding anything contained in any judgement, decree, order or direction ofa court, tribunal or authority, to the contrary, respective roster points earmarked for scheduled castes and scheduled tribes in—40 points or 100 points roster as the case may be or any other points roster, the same shall remain in operation even after the date of 45 the judgement of the supreme court of india in rk sabarwal versus state of punjab (1995)2 scc 745 ie 10th february, 1995, the scheduled castes or scheduled tribes candidates, on appointment or promotion/upgradation, shall be placed in the roster points specified thereon for them according to the order of merit among themselves, respectively every scheduled caste or scheduled tribe employee holds a lien on the post till he is duly promoted and became a member in the higher service irrespective of the respective merit listinter se between general category employees and reserved category employees prepared by the public service commission/sélection committee authority, the inter se seniority between the general and reserved category candidates shall be as is maintained in the roster operating in the particular cadre/ grade/category/service (2) notwithstanding anything in any judgement, decree, order or direction of court, tribunal or authority to the contrary, on appointment by promotion/upgradation to a higher post in a cadre/grade/service/category on regular basis according to rules, the scheduled caste or scheduled tribes promotee shall be fixed in the appropriate roster point earmarked for the respective reserved category the seniority of such a promotee shall be according to the roster in the promoted cadre/ grade or service the roster in the lower cadre/grade service shall cease to have application from the date of promotion/upgradation on regular basis 10 (3) notwithstanding anything in any judgement, decree, order or direction of court, tribunal or authority to the contrary, the general category senior employee in lower cadre/ grade/service, on promotion/upgradation to the next higher cadre/grade/service, does not gain senioriy over the earlier promoted junior reserved category employee the inter se seniority between reserved and general category employees is from the respective dates of promotion/upgradation, irrespective of seniority/ juniority position had in the lower cadre/ grade/service/category  chapter iii miscellaneous7 no suit, prosecution or other legal proceedings shall lie against any establishment | protection    | of     ||---------------|--------|| the           | action || taken         | in     || faith         |        |or other person responsible for implementation and application of the act or anything which in good faith done in pursuance of this act or rules or order made thereunder or applicable in respect thereto nomination of liaison officer 8 every establishment/deptt/appointing authority/head of the deptt shall nominate one or more officers of such rank or ranks as may be prescribed to act as liaison officers officers from among the scheduled castes and scheduled tribes, if available, as far as possible, may be nominated for enforcement of this act, who shall, in particular, be responsible for:— (a) coordination and due and strict implementation of the provisions of this act and rules made or any other instructions or directions issued by the union of india thereunder, in their true spirit and purpose and to achieve its object (b) submission of the report and returns to the union of india within the prescribed period (c) conduct annual inspection of the records of the establishment etc in such manner as may be prescribed 35 (d) doing such other incidental work or act, as may be necessary, for the above purposes submission of annual report & maintenance thereof 9, (1) every establishment etc shall maintain such records as may be prescribed and shall furnish every year to the union of india in such manner and at such time as may be prescribed, an annual report on appointments and promotion/upgradation of scheduled castes and of other scheduled tribes personnel made by it during the previous year; number records and of unfilled posts/vacancies and the steps taken to fill up the inspection posts/vacancies and reasons for not filling them up (2) an officer authorised by the union of india in this behalf not below the rank of director in the nodal ministry of the union of india may inspect any records or documents maintained in the establishment of the recruitment, appointment and promotion/upgradation of scheduled castes and scheduled tribes in an establishment etc as far as possible, if an 45officer of that rank/status belonging to scheduled caste and scheduled tribe is available, he may be authorised for inspection and reporting (3) it shall be the duty of the head of the establishment etc to make available such records or documents for inspection by the authorised officer under sub-section (2) and furnish such information or extend and arrange such assistance, as may be necessary, for him to carry out his functions under this act 10 (2) whosoever responsible for implementation of the contravenes the provisions penalty for contravention of the act, shall be punishable with imprisonment which may extend upto-six months or of this act fine of not less than rupees ten thousand or both the fine shall be recoverable from personal pay of such officer: | and    | false    ||--------|----------|| claims | or       || issue  | of       |provided that nothing in this section shall render any person liable to punishment, if social status certificatehe proves that he had made very bona fide and sincere endeavour or exercised utmost care attention diligence and devotion to implement the provisions of the act/rules/orders/ directions issued under the act or in force but not inconsistent with the act and rules 10 (2) any person claiming to be of the scheduled castes/scheduled tribes, applies for recruitment/seek promotion/upgradation shall file an affidavit duly attested by a gazetted officer of state govt or govt of india or a judicial magistrate first class and above rank as per the instruction of the union of india as prescribed in the schedule to the act that he by 15 birth belongs to the scheduled caste/ scheduled tribe and continues to be the scheduled caste/scheduled tribe in case he had already obtained a social status certificate from a competent officer/authority in the prescribed format that he belongs to the scheduled castes/scheduled tribes, the original certificate shall be produced at the time of selection and the certified/zerox copy may be filed along with the application for recruitment/ selection etc (3) as soon as after making the appointment to a post/office/service of a reserved candidate, the appointing authority shall immediately send the affidavit and the original social status certificate and application for recruitment/promotion/upgradation etc to the director of social/tribal welfare dentt for verification and prompt reporting to the establishment etc (4) on receipt of the record as provided in section (3), above from the establishment, the director, social welfare/tribal welfare department himself or by his authorised officer shall verify or cause verification of the correctness of the social status of the candidate and shall report back within three months from the date of the receipt of the record to the appointing authority/head of the deptt of the establishment, of the correctness or otherwise of the social status of the appointed concerned reserved category person (5) in case the report is adverse to the appointee, the appointing authority shall immediately issue a show cause notice to the appointee together with a copy of the report received from the director, social welfare/tribal welfare department of the concerned state govt calling for an explanation within a specified time; on receipt of the explanation, 35 if any, within the specified or extended time, it shall take appropriate action within a period one month as per the rules or in accordance with the principles of natural justice and pass appropriate brief reasoned orders as the case may be if the appointee seeks oral hearing in person, the opportunity may be given the order shall be served in person on the appointee/ in case of avoidance to receive it, send it by registered post with acknowledgement due to the last known address a copy thereof be sent to the director social welfare/tribal department, of the state government (6) an appeal shall lie against the order passed u/s 9(5) to the head of the department if the impugned order was passed by a head of the deptt, if it is the appointing authority, to the immediate higher authority who shall, after giving an opportunity of hearing in person to an aggrieved employee, decide the same within three months from the date of filing of the appeal; the decision shall be final and is binding on the appointee and shall not 45 be questioned in any court of law the same shall be served on the employee either or person or by registered post with acknowledgement due in case the decision is in his favour, the same may be communicated to the director of social welfare/tribal welfare department who on its receipt may question the same under art 226 of the constitution (7) whomsoever knowingly makes a false claim that he is a citizen of scheduled caste/scheduled tribe and whosoever charged with the responsibility of issuing a certificate/ attesting an affidavit knowingly issues a false social status certificate or attests an affidavit, proved that the person is not a member of the scheduled castes/scheduled tribes, 'shall be punishable with imprisonment of not less than three years and fine which may extend to rupees twenty thousand or both the concerned officer may be convicted and sentenced to pay a fine upto rupees ten thousand (8) the conviction under sub-section (7) of this section shall be disqualification for any future appointment in any establishment etc under the central government or state government and the accused shall not be eligible to contest any elective post, like member of the parliament, the state legislature, local bodies, nagar palika, gram panchayat, etc: representation of people act or local bodies acts shall be deemed to have been suitably amended and incorporated the disqualification in sec 10 (7) as disqualification therein |         | cognizance    | of    ||---------|---------------|-------|| the     | offence       | by    || courts |               |       |11 (j) no prosecution for any offence under this act shall be maintainable against an officer except by, or with the sanction of the competent officer with prior approval of the national commission for scheduled castes and scheduled tribes constituted under article 338 of the constitution of india who shall the authority to examine whether the conclusion of prima facie violation of the act is proved from record the competent officer shall oridnarily accept such recommendation unless it further consults the commission and had revised its recommendation (2) no court shall take cognizance of an offence punishable under section (10) save on a complaint by the aggrieved person or competent police officer or other officer, except as provided under sub-section (/) (3) no court, inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try an offence punishable under this act (4) the offence under the act is congnizable and non-bailable 12 allinstructions, directions and orders issued by the prescribed authority relating to the reservation of posts/classes of posts or vacancies in services etc including relaxation, concessions and safeguards for the scheduled castes and the scheduled tribes existing immediately before the inder sawheny versus union of india 1992, supplement 3 scc 217 | cognizance             | &               ||------------------------|-----------------|| non-bailable          |                 || saving                 | of              || existing               |                 || directions             | etc,           || issued                 | by              || central                |                 || government            |                 || of                     | the             || far                    | as              || unless                 | withdrawn       || the                    | parliament     || power                  | of              || central                | govt           || 13                    | every           || direction/             | instructions    || 35                     |                 || to                     | give            || directions            |                 || the                    | provisions      || order,                 | give            || act                    | to              || over-riding            |                 || effect                |                 || 14                    | notwithstanding || order,                 | judgement       || provisions             | of              || instrument/instruction | having          || removal                | of              || difficulties          |                 || 15                    | (/)             || of                     | india           || inconsistent           | with            || difficulty            |                 || (2)                    | every           || 45                     |                 || be,                    |                 || after                  |                 || it                     |                 || is                     |                 || so                     |                 || made,                  |                 || be                     |                 || laid                   |                 || before                 |                 || each                   |                 || house                  |                 || of                     |                 || parliament             |                 || and                    |                 || obtain                 |                 || prior                  |                 || approval               |                 || of                     |                 || both                   | the             |16 the government of india shall in every two years, lay before each house of parliament, a report giving full account of the implementation of the act during the preceding years | laying    ||-----------|| annual    || report   |17 (j) notwithstanding the operation of the provisions in sections 3 and 4 per force, power to make rulesto give proper and full effect to the act, the union of india, may, by notification, make rules to carry out the provisions of this act (2) in particular, and without prejudice to the generality of the fore-going, such 5 provisions may provide for all or any of the following matters, namely:— (a) the percentages of posts to be reserved in services for the members of the scheduled castes and the scheduled tribes under sub-section 2(a) of section 3 and not less than 15% and 744% respectively; (b) the manner of filling the posts reserved for the scheduled castes and scheduled tribes under sub-sections (//) and (12) of section 3; 10 (c) relaxation of upper age limit etc under clause (/) of sub-section (/) of section 4; (d) exemption of fee for applying to the recruitment to a service under clause (ii) of sub-section (/) of section 4; (e) the authority to determine the travelling allowances under sub-section (2) of section 4; (f) rank of officer to be nominated as liaison officer under section 8; (g) the prescribed authority u/s 4(j) (iii); (a) the manner of conducting annual inspection of records under clause (c) of section 8; (i) the records to be maintained by an establishment etc under sub-section (/) of section 9 and the manner in which and the time at which an annual report on the appointments etc of scheduled castes and scheduled tribes made during the previous year to be furnished under that sub-section; (f) the authority to sanction prosecution under sub-section (7) of section 11; (k) any other matter, which is required to be, or may be, prescribed; (} form of affidavit of the candidate, officer, non-official to counter sign/ attestation under section 3; (m) procedure for enquiry by the appointing authority and appellate authority; (n) such other rules or orders or direction to carry out the provisions of this act (3) every rule made under this act or instructions/directions shall be laid, as soon as may be, after it is made, before each houses 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 35 both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from 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 this rule  schedule affidavit-—— of village/town ———————~— ——— oe ~~ within the jurisdiction of _———-— ~~ - police station in ————————~——_——__-_____ taluk/mandal in the district/division of the state/union territory —-———— sa belong to ~——————————— ———— —— —-~—~ community/caste/tribe by birth and continues to be a scheduled caste/tribe which is recognised in item no as scheduled caste/ scheduled tribe under the constitution (scheduled caste/scheduled tribe) order, 1950 or as amended from time to time by the scheduled caste/scheduled tribe list modification order, 1956, the bombay reorganisation act, 1960, the punjab reorganisation act, 1966, the state of himachal pradesh act, 1970, the north-eastern areas (reorganisation), 1971 and the scheduled caste/ scheduled tribe order amendment act, 1976 of the scheduled caste/scheduled tribe amendment order it— further state that myself and my parents ordinarily/normally reside in the said village/town and within the jurisdiction of police station in taluk/mandal in the district/division of the state/union territory i further solemnly verify and state that the facts stated above are true and correct to the best of my knowledge and belief and no part of statement is incorrect and false signature attested by gazetted officer: note : incase the candidate is son/daughter of a migrant labour/transferee, it should further be stated in the affidavit of the date of migration/transfer and the duration of stay in the migrated/transferred state in which the caste/tribe was not recognised as scheduled caste/scheduled tribe the following are eligible to attest the affidavit: (1) district magistrate/ additional district magistrate/collector, deputy commissioner/ additional deputy commissioner/deputy collector/ist class stipendary magistrate/sub-divisional magistrate/taluka magistrate/executive magistrate/extra assistant commissioner (2) chief presidency magistrate/ additional chief presidency magistrate/presidency magistrate (3) revenue officer not below the rank of tehsildar and (4) sub-divisional officer/mandal, revenue/development officer of the area where the candidate and/or his family normally resides  statement of objects and reasonsthe preamble of the constitution assures social and economic justice, equality of status and of opportunity to every citizen and article 38 imposes duty on the state to strive to promote welfare of the people by securing and protecting effective social order in which social and economic justice shall inform all the institutions of the national life in particular strive to and endeavor to eliminate inequalities in status, facilities and opportunities among individuals and the groups of people of india and every opportunity to the scheduled castes and scheduled tribes should be provided to remove social inequality and economic empowerment given to secure equality of status and dignity of individual article 46 enjoins the state to promote with special care, economic interest, in patticular, of the scheduled castes and scheduled tribes and shall protect them from social injustice art 335 mandates that the claims of scheduled castes and scheduled tribes shall be taken into consideration consistently with efficiency of administration in the making of appointment to services and posts in connection with the affairs of the union and the state even after fifty three years of independence the scheduled castes and the scheduled tribes do not have proper representation in all the services under the state except class iv or class ill services for variegated reasons while article 335 assures and given right to the scheduled castes and scheduled tribes for being considered fastens fundamental duty on the state to secure adequate representation to them in all services and posts in all cadres, grades/categories of services under the state, the supreme court has by its judgements, cut down its width in recent judgements of the supreme court of india in indrasawhni versus union of india opined that reservation in specialised posts in engineering, medical, military etc shall not be made in ajit singh-it case the suprme court held that the scheduled castes and scheduled tribes promoted to reserved quota posts shall not be entitled to seniority from the date of promotion till the erstwhile senior general candidates are promoted and the later catch up the former and gain seniority over him, depriving the scheduled castes and scheduled tribes officers seniority from the date of regular promotion as per service rules with attended benefits and denied lien on the post held by them it was also held that the scheduled castes and scheduled tribes promotees have no fundamental right to promotion though article 16(4a) guarantees such right while declaring the general candidates have that right to promotion as fundamental right impeding the phase of providing proper representation to scheduled castes and scheduled tribes in all services and posts under the state it was also held that the roster points in the lower cadre of the reserved candidates on promotion should not be delinked in narisihman case and telecommunication case, the supreme court opined that reservation in single post is violative of article 14 of the constitution in ajit singh-ii case the supreme court had held that the facilities and opportunities in relaxed standards for consideration of the claims of the reserve candidates for appointment or promotion to a service or a post is illegal and the department of personnel purported impiementation of the above judgements of the supreme court issued various orders nullifying the effective implementation of the reservation in the letter and spirit of the constitutional mandate it has been the policy of the government of india that reservation in services/posts under the union of india etc is one of the policies to provide equality of opportunity and of status, economic and social justice to the scheduled caste and scheduled tribes and the aforesaid judgements defeat the object of the constitution and the policy of the state in securing proper and adequate representation to the scheduled castes and scheduled tribes in various posts/offices/services in an establishment etc defined under the act after adopting liberal economy and private investment in public sector undertaking, it has become corresponding necessity to provide opportunity of employment to the scheduled castes and the scheduled tribes in the services/posts in the establishment covered by the act with a view to remove the injustice being meted out to the scheduled caste and the scheduled tribes in implementation and enforcement of the policy of reservation in service etc under the state, etc this bill is being proposed for being enacted r s gavai memorandum regarding delegated legislationclause 22 of the bill provides that the central government may rules for carrying out the purposes of this act the rules will relate to matters of detail only the delegation of legislature power is therefore of normal character 