(4) exempt payment of any fee for taking an examination to such extent as may be prescribed in case of candidates belonging to the scheduled castes and the scheduled tribes; (5) pay travelling allowances to candidates belonging to the scheduled castes and the scheduled tribes called for interview as may be determined from time to time; (6) club single posts carrying equal scale of pay or responsibility or duty in an establishment to providereservation for the scheduled castes and the scheduled tribes in appointment or promotion or upgradation in accordance with the provisions of this act roster 6 (1) the roster points earmarked for the scheduled castes and the scheduled tribes, as the case may be shall remain in force as was in operation before the judgement of the supreme court of india in rk sabarwal versus state of punjab (1995)2 scc 745; (2) the roster shall be applied for a single post in an establishment and if a candidate belonging to the scheduled castes or the scheduled tribes is available at the roster point at 15 the time of vacancy and he is found selected, he may be appointed; (3) on appointment by promotion/upgradation to a higher post in a cadre / grade / service / category on regular basis according to rules, the seniority of the promotee belonging to the scheduled castes or the scheduled tribes shall be fixed in the appropriate roster point earmarked for the respective reserved category and the seniority of such a promotee 20 shall be according to the roster in the promoted cadre or grade or service and the roster in the lower cadre or grade or service shall cease to have application from the date of promotion or upgradation on regular basis; 25 (4) a senior employee belonging to general category in lower cadre or grade or service, on promotion or upgradation to the next higher cadre or grade or service shall not gain seniority over the earlier promoted employee belonging to reserved category who is junior to him and the inter-se seniority between reserved and general category employees shall be determined from the respective dates of promotion or upgradation, irrespective of seniority or juniority position they had in the lower cadre or grade or category 30 7 the head of the establishment and if the appointing authority is higher in rank than head of the establishment, the appointing authority shall be responsible for implementation of this act responsibility for implementation of the act act done in 8 no suit, prosecution or other legal proceedings shall lie against any establishment good faith or other person responsible for implementation and application of the act or anything which is done in good faith in pursuance of this act or rules or order made thereunder or applicable 35 in respect thereto appointments of liasion officers in 9 every establishment shall nominate one or more officers of such rank or ranks as may be prescribed to act as liasion officers from among the scheduled castes and the scheduled tribes, who shall, in particular, be responsible for:— every establishment (a) coordination and strict implementation of the provisions of this act and 40 rules, instructions or directions issued thereunder, in their true spirit and purpose and to achieve its object; (b) submission of the report and returns to the appropriate government within the prescribed period; 45(c) conducting annual inspection of the records of the establishments in such manner as may be prescribed; (d) doing such other incidental work or act, as may be necessary, for the above purposes 10(/) every establishment shall maintain such records as may be prescribed and shall furnish every year to the appropriate government in such manner and at such time as may be prescribed, an annual report on appointments and promotion or upgradation of candidates belonging to the scheduled castes and the scheduled tribes made by it during the previous year and number of unfilled posts or vacancies and the steps taken to fill up the posts or vacancies and reasons for not filling them up (2) an officer authorised by the appropriate government in this behalf not below the rank of director in the ministry concerned may inspect any records or documents maintained in the establishment of the recruitment, appointment and promotion or upgradation of candidates belonging to the scheduled castes and the scheduled tribes in a establishment: 10 provided that if an officer of equal rank or status to that of director belonging to the scheduled castes or the scheduled tribes, as the case may be, is available, he shall be authorised for inspection and reporting 15 (3) it shall be the duty of the head of the establishment 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 11 whosoever responsible for implementation of the act contravenes the provisions of this act, shall be punishable with imprisonment which may extend upto six months or fine of not less than rupees ten thousand or both and fine shall be recoverable from pay of 20 such person: provided that nothing in this section shall render any person liable to punishment, if he proves that he had made very bonafide and sincere endeavour or exercised utmost care, attention, diligence and devotion to implement the provisions of the act or rules or orders or directions issued under this act or presently in force but not inconsistent with this act 25 and rules 12 (1) any person claiming to be a member of the scheduled castes or the scheduled tribes, as the case may be has applied for recruitment/seeks promotion or upgradation shall | 30 file an affidavit duly attested by a gazetted officer of the appropriate government or a judicial magistrate of the first class and above rank as per the instruction of the central government as prescribed in the schedule, that he by birth belongs to the scheduled castes or the scheduled tribes, as the case may be, and continues to be a member of the scheduled castes or the scheduled tribes and if that person had already obtained a certificate from a competent officer or authority in the prescribed format that he belongs to the scheduled castes or the scheduled tribes, as the case may be the original certificate shall be produced at the time of selection (2) as soon as appointment in any post or office or service has been made in case of a candidate belonging to the scheduled castes or the scheduled tribes, the appointing authority shall immediately send the affidavit and the original caste certificate and application for recruitment or promotion or upgradation to the director of the social or tribal welfare department for verification and prompt reporting to the establishment (3) on receipt of the record from the establishment, the director, social welfare or 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 department of the establishment, of the correctness or otherwise of the social status of the candidate who has been appointed, (4) 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 or tribal welfare department of the appropriate government calling for an explanation within a specified time and on receipt of the submission of annual report and maintenance thereof penalty for contravention of this act caste certificate and verificationexplanation, if any, within the specified or extended time, it shall take appropriate action within a period of one month as per the rules or in accordance with the principles of natural justice and pass appropriate orders as the case may be (5) an appeal shall lie against the impugned order passed by the head of the department 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 and the decision shall be final and binding on the appointee (6) whosoever knowingly makes a false claim that he is a member of the scheduled castes or the scheduled tribes, as the case may be, and whosoever charged with the responsibjlity of issuing a certificate or attesting an affidavit knowingly issues a false caste certificate or attests an affidavit, and if proved that the person is nota member of the scheduled castes or the scheduled tribes, as the case may be, shall be punishable with imprisonment of not less than three years or fine which may extend to rupees twenty thousand or with both (7) the conviction under sub-section (6) shall be also a disqualification for appointments in any establishment under the appropriate government 13(1) no prosecution for any offence under this act shall be maintainable against an cognizance and trial of the offences under this act, 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 have the authority to examine whether the conclusion of prima facie violation of the act is proved from record or not (2) 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 (3) an offence under this act shall be cognizable and non-bailable saving of 14 all instructions, directions and orders issued by the prescribed authority relating existing directions etc, issued by the central government 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 judgement in the case of indira sawheny versus central government 1992, supplement 3 scc 217 in respect of which there is no express provision in this act, in so far gs they are not consistent with the provisions of this act, shall continue to be in force, unless withdrawn or superceded in the meanwhile with prior approval of both the houses of the parliament 15 every establishment shall be bound by the act, rules or such existing rules, directions/instructions by whatever name may be called not contrary to or inconsistent with power of central government to the provisions of this act or as the central government may by general or special order, prescribe from time to time to give effect to the provisions of this act give directions act to have over-riding effect 16 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law, order, judgement or decree of any court, tribunal or authority for the time being in force or any instrument/ instruction having effect by virtue of any law, other than this act removal of difficulties 17 (1) ifany difficulty arises in giving effect to the provisions of this act, the central government may by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty (2) every rule, instruction or direction or order made under sub-section (1) shall, as soon as may be, after it is so made, be laid before each house of parliament laying of annual report 18 the central government shall in every two years, lay before each house of parliament, a report giving full account of the implementation of theact during the preceding two years 15 20 25 30 35 40 45 sn19 (1) the central government may, by notification in the official gazette, make tules for carrying out the provisions of this act (2) in particular, and without prejudice to the generality of the fore-going powers, such 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 which shall be not less than fifteen percent, and seven and a half percent, respectively; (b) the manner of filling the posts reserved for the scheduled castes and the scheduled tribes; (c) relaxation of upper age limit; (d) exemption of fee for'applying to the recruitment to a service; (e) the authority to determine the travelling allowances; (f) rank of officer to be nominated as liaison officer; (g) the manner of conducting annual inspection of records; (h) the records to be maintained by an establishment and the manner in which and the time at which an annual report on the appointment, etc of the scheduled castes and the scheduled tribes made during the previous year to be furnished; (i) the authority to sanction prosecution for violation of the provisions of the act; ()) form of affidavit of the candidate and form of affidavit of the candidate and the manner of attestation;  (k) procedure for inquiry by the appointing authority and appellate authority; () any other matter, which is required to be, or may be prescribed (3) every rule or instruction or direction made under this act shall be laid, as soon as 5 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 instruction or direction both houses agree that the rule should not be made, the rule or 30 instruction or direction 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 this rule or instruction _ or direction power to make rulesi, son/daughter of of village /town within the jurisdiction of police station in taluk / mandal in the district/division of the state/'union territory' belong to community / caste /tribe which is recognised in item no as the scheduled caste / scheduled tribe under the constitution (scheduled caste/scheduled tribe) order, 1950 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 te son/daughter of 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 the statement is incorrect or false signature attested by gazetted officer note: in case the candidate is son/daughter of a migrant labourer/transferee, it should further be stated in the affidavit the date of migration/transfer and the duration of stay in the migrated/transferred state in which the caste/tribe was not recognised as a 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/first class stipendary magistrate/sub divisional magistrate/taluk 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 residesthe preamble of the constitution assures social and economic justice, equality of status and of opportunity to every citizen article 38 imposes duty on the state to strive to promote the welfare of the people by securing and protecting as effetively as it may a social order in which justice social, economic and political shall inform all the institutions of the national life in particular strive to and endeavour to eliminate inequalities in status, facilities and opportunities among individuals and the groups of people article 46 enjoins the state to promote with special care, economic interest, in particular, of the scheduled castes and the scheduled tribes and shall protect them from social injustice article 335 mandates that the claims of the scheduled castes and the scheduled tribes shall be taken into consideration consistently with efficiency of administration in making of appointment to services and posts under 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 the supreme court of india in indra sawhney versus union of india case has opined that reservation in specialised posts in engineering, medical, military etc shall not be made in ajit singh-ii case the supreme court held that the scheduled castes and the 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 it was also held that the scheduled castes and the scheduled tribes promotees have no fundamental right to promotion though article 16(4a) guarantees such right while declaring'the general candidates have right to promotion as a fundamental right impending the phase of providing proper representation to the scheduled castes and the 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 narsihman and telecommunication cases, 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 the department of personnel, public grievances and pension in purported implementation 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 central government that reservation in services/posts under the central government etc is one of the policies to provide equality of opportunity and of status, economic and social justice to the scheduled castes and the scheduled tribes the aforésaid judgements defeat the object of the constitution and the policy of the state in securing proper and adequate representation to the scheduled caste and the scheduled tribe in various posts and services under the state every opportunity to the scheduled castes and the scheduled tribes should be provided to remove social inequality and economic empowerment be given to secure equality to status and dignity of individual after adopting liberal economy and private investment in public sector undertakin 28, it has become a necessity to provide opportunity of employment to the scheduled castes and the scheduled tribes in the services and posts in the private sector also with a view to remove the injustice being meted out to the scheduled castes and the scheduled tribes in implementation and enforcement of the policy of reservation in services under the state it is necessary to enact a law to that effect hence this bill new delhi; rashtrapal pravinchandra somabhai december 23, 1999 financial memorandumno additional or fresh recurring or non-recurring expenditure is likely to be involved from the consolidated fund of india since the existing concerned departments and ministries - already implementing the reservation scheme in services  memorandum regarding delegated legislationclause 19 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of the legislative power is of a normal character 