| relaxation     ||----------------|| qualifications || regarding      || experience    || s              |8 (/) 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: to provided that no candidate who is found unfit to hold the post shall be appointed 9 (/) 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 to fill the vacancies reserved for them, the qualifying standard may be lowered consistent | operation      | of    ||----------------|-------|| reservation    | in    || case           | of    || promotion      | by    || non-selection |       |with the minimum standard of fitness for appointment to the post in the case of candidates {37 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 20 merit for appointment to the posts in the case of candidates belonging to the scheduled castes and scheduled tribes reservation not to exceed fifty per cent 25 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: of the vacancies provided that the backlog of the reserved vacancies for the scheduled castes and scheduled tribes shall not be counted 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 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 for reserved vacancies to not be filled by candidates not belonging to the scheduled castes or scheduled tribes or other backward classes, as the case may be (2) the vacancies reserved for members of the scheduled castes or scheduled tribes | be          | made     ||-------------|----------|| candidates  |          || from        | reserved || categories |          |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 x ° abolition of posts not to affect the num- 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 caste or scheduled tribe or an, other backward class employee shall not be surrendered or ber of reserved 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 u s liaison officers to be appointed 13 (/) in every ministry or department of the government, an officer of such rank as 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 (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 £o 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 of the liaison officer during the course of the inspection carried out by him, or otherwise, he shall submit his report to the concerned secretary to the government or to the head of the department, as the case may be, and that secretary or head of the department, vy shall issue appropriate orders in the matter to the concerned appointing authority 14 (/) every appointing authority or any other officer authorised by him in this behalf shall maintain such records or documents, and furnish every year to the government a report on the appointments made by direct recruitment and promotions, in such manner and | report     | to    | be    ||------------|-------|-------|| made       | by    | every || appointing |       |       || authority |       |       |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 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 to the 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 zo | penalty    | for    ||------------|--------|| making     | fatse  || claim,     |        |caste or the scheduled tribe or the other backward class, as the case may be, and whoever knowingly issues a false certificate to this effect, shall be punished with imprisonment fora 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 | power      ||------------|| directions |as it may deem fit, to give effect to the provisions of this act, and every establishment shall 2s be 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 | existing    | office    ||-------------|-----------|| memoranda   | to        || continue    |           |civil services for the scheduled castes, scheduled tribes and other backward classes shall, qe 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 act as if this act had been in force on the date on which such memoranda were issued and shall continue in force unless and unti! they are superseded by any rule made under this act 18, (7) the central government may, by notification in the official gazette, make rules power to make rulesto carry out the provisions of this act as (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for ail or any of the following matters, namely:— (a) the percentage of reservation for the members of the scheduied castes, scheduled tribes and other backward classes for appointment by direct recruitment to posts under sub-section (/) of section 3; (4) 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; (c) the manner of filling vacancies reserved for the members of the scheduled us castes, scheduled tribes and other backward classes under sub-section (4) of section 3; (d) the examination fee and application fee to be paid by the members of the scheduled castes and scheduled tribes under section 7; (e) prescribing the carry forward method for reserved vacancies, (/ 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 (/) 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 (/) of section 14; and (a) any other matter which is required to be, or may be, prescribed fo (3) every rule made by the central government under this section shall be faid, 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 houses agree that the rule should not be made, the rule shall thereafter have 1s"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 notified order or rule  statement of objects and reasonssensitive to the need for providing adequate representation for the scheduled castes, the scheduled tribes and the other backward classes in civil services and posts under the control of centra! government, the government resolved to enact a reservation act to codify instructions on reservation at present, administrative instructions issued by the centra! government, from time to time, provide for reservation to the scheduled castes, the scheduled tribes and the other backward classes in civil services and posts under the control of central government instructions have also been issued to provide for reservation in promotion for the scheduled castes and the scheduled tribes and for matters connected therewith and incidental thereto these instructions have been issued in pursuance of clauses (4) and (4a) of the article 16 and the proviso to article 335 of the constitution of india which empower the state to make provisions for reservation in favour of the scheduled castes, the scheduled tribes and the other backward classes to ensure their adequate representation in the services and posts under the state statutory backing to instructions on reservation will elevate the provisions of the reservation to a statutory right and will instill greater confidence amongst members of the scheduled castes, the scheduled tribes and the other backward classes it will goa 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 the bill seeks to achieve the above objects new deuyi; suresh pachouri the \8th december, 2004clause 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 a 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 (shri suresh pachouri, minister of state for personnel, public grievances & pensions and partiamentary affairs) mgipmrnd—3760rs-——20122004,