 bill no 145 of  2010 the  eradication  of  unemployment  amongst the youth belonging to the scheduled castes and the scheduled tribes bill, 2010 bydr kirit premjibhai solanki, mp a billto provide for the eradication of unemployment amongst youth belonging to the scheduled  castes  and  the  scheduled  tribes by ensuring right to gainful employment and payment of unemployment allowance to the unemployed amongst them and for matters connected therewithbe it enacted by parliament in the sixty-first year of  the republic of india as follows:—1 (1) this act may be called the eradication of unemployment amongst the youthbelonging to the scheduled castes and the scheduled tribes act, 2010short title,extent andcommencement(2) it extends to the whole of india (3) it shall come into force at once 2 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "fund" means the national scheduled castes and scheduled tribes youth unemployment assistance fund established under section 7;(c) "prescribed" means prescribed by rules made under this act; and5(d) "unemployed youth" means a person above the age of eighteen years belonging to the scheduled caste or the scheduled tribe not engaged in any gainful employment 3 notwithstanding anything contained in any other law for the time being in force, every unemployed youth shall have the right to gainful employment10right to gainful employment4 (1) the appropriate government shall provide gainful employment to every unemployed youth according to his age, educational qualifications and physical capabilities15appropriate government to provide employment to every unemployed youth(2) where an unemployed youth is not provided with employment or self-employment opportunities under any scheme by the government, he shall be given such monthly unemployment allowance, being not less than rupees two thousand per month, in such manner as may be prescribed, till the time he is provided with gainful employment:20provided that the unemployment allowance shall not be paid to the unemployed youth, if—(i) his income from any source is equal to the amount of unemployment allowance fixed under this act; and(ii) he is provided unemployment allowance under any scheme by the state government or union territory administration, as the case may be: provided further that if the income from any source of the unemployed youth is less than the amount of unemployment allowance, the difference between his amount of income and the amount of unemployment allowance may be provided to him25filling up of vacant posts5 the appropriate government shall take immediate steps to fill up vacant posts reserved for the candidates belonging to the scheduled castes and the scheduled tribes in the government establishments, public sector undertakings and other such organisations in a time-bound manner30generation of e m p l o y m e n t opportunities6 the appropriate government shall take steps to generate employment opportunities in public and private sector enterprises or undertakings, small scale industries, cottage and village industries, khadi and weaving industries, agriculture and food processing industries, information technology industries and other self-employment opportunities357 (1) the central government shall, as soon as may be, by notification in the official gazette, establish a national scheduled castes and the scheduled tribes youth employment assistance fund with an initial corpus of rupees fifty thousand crore and thereafter shall contribute to the fund from time to time alongwith the state governments in such ratio as may be prescribednational scheduled castes and scheduled tribes youth employment assistance fund(2) such other sums as may be received from individuals, corporate sector, financial institutions and firms by way of donation or otherwise shall also be credited to the fund40(3) the fund shall be utilized for payment of unemployment allowance to the unemployed youthact to have o v e r - r i d i n g effect8 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force459 the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in forceact not in derogation of any other lawpower to make rules10 (1)  the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act510(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsour country is the second most populous country in the world the population explosion has given rise to unprecedented unemployment problem in the country according to an estimate, there are more than five crore unemployed youth registered in the employment exchanges of the country, while the number of unregistered unemployed youths is more than the registered ones such youth are mostly in remote, rural and semi-urban areas and their number is increasing by the day the situation of unemployment in the country is so grim that even highly qualified youth have failed to get employment millions who graduate every year, especially the youth belonging to the scheduled castes and the scheduled tribes are unemployed in spite of getting reservation benefits even after sixty-three years of independence, millions of youths belonging to scheduled castes and scheduled tribes are unemployed due to ineffective recruitment policy this is leading to frustration amongst the scheduled castes and scheduled tribes youth and they are being easily lured away by antisocial and anti-national forces to further their nefarious and destructive activities in various parts of the country in fact, many of them get involved in criminal activities and spoil their lives unemployment is also the reason for brain-drain and exodus of substantial number of skilled and unskilled youth, doctors, engineers and scientists from the country at the same time opportunities of employment are shrinking and the central government is also partially responsible for this for instance, the ministries or departments of the central government have to surrender ten per cent of the total vacancies arising due to superannuation of employees every year further, if any post remains vacant for over a year, it automatically lapsesthe agricultural sector has remained the largest employer in our country but due to vagaries of nature and non-remunerative pricing policy, employment in this sector has become less attractive same is the situation in the sector of small scale and village industries modernisation and use of new technologies in industries is also reducing employment opportunitiesour constitution confers on every citizen the right to life but this right remains only on paper in the absence of decent and meaningful source of living the supreme court has also stressed the need for necessary means and employment to enjoy the right to life enshrined in the constitution india is a welfare state and as such the onus is on the state to ensure the welfare of the scheduled caste and the scheduled tribe youth by providing gainful employment opportunities to them if the state fails to provide them gainful employment then they should be paid unemployment allowance on a monthly basis this is the need of the hour which will go a long way in ensuring a dignified life to the youth belonging to the scheduled castes and the scheduled tribeshence this bill financial memorandumclause 3 of the bill provides that every unemployed youth shall have the right to gainful employment clause 4 provides that the appropriate government shall provide gainful employment to every unemployed youth belonging to the scheduled castes and the scheduled tribes according to one's age, qualification and capability it also provides for unemployment allowance to every unemployed youth till they are provided with gainful employment clause 7 of the bill provides for the establishment of the national scheduled caste and scheduled tribe youth unemployment assistance fund with an initial corpus of rupees fifty thousand crore to be provided by the central governmentthe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india at this stage, it is difficult to give an exact estimate of the expenditure likely to be involved however, it is estimated that an annual recurring expenditure of about rupees sixty thousand crore is likely to be involved from the consolidated fund of india, in addition to the rupees fifty thousand crore as initial corpusno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purpose of the bill the rules will relate to matters of detail onlythe delegation of legislative power is, therefore, of a normal character lok  sabha———— a billto provide for the eradication of unemployment amongst youth belonging to the scheduled  castes  and  the  scheduled  tribes by ensuring right to gainful employment and payment of unemployment allowance to the unemployed amongst them and for matters connected therewith————