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(ESTD 1982)

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March 25, 2009

 

Proposed amendments to the Scheduled Castes and the Scheduled Tribes

(Reservation in Posts and Services) Bill, 2008

 

 *Activists of DalitIndia

 

 

Section

Section/sub-section as existing in the draft Bill

Amendment suggested

After amendment, Section/Clause to be read as follows

1

1.(3)  It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.

To be substituted by the following:-

 

“It shall come into force with immediate effect.”

“1(3)  It shall come into force with immediate effect.”

3

3.(1)The Government shall reserve such percentage of posts for members of the Scheduled Castes and the Scheduled Tribes for appointment in civil services by direct recruitment and promotion, in such manner, as may be prescribed.

Add the following phrases after “by direct recruitment and promotion”:

 

“and by deputation in every one of Groups A, B, C and D posts  and in every grade of each of these Groups, being not less than 15 percent for members of the Scheduled Castes and 7½ percent for members of the Scheduled Tribes or such higher percentages as already exists on or before the date of this Act in the case of direct recruitment and being not less than the percentage equivalent to their proportion in the population of the country or such higher percentages as already exists on or before the date of this Act,” 

 

 

 

 

 

 

“3(1) “The Government shall reserve such percentage of posts for members of the Scheduled Castes and the Scheduled Tribes for appointment in civil services by direct recruitment and promotion and by deputation  in every one of Groups A, B, C and D posts  and in every grade of each of these Groups, being not less than 15 percent for members of the Scheduled Castes and 7½ percent for members of the Scheduled Tribes or such higher percentages as already exists on or before the date of this Act in the case of direct recruitment and being not less than the percentage equivalent to their proportion in the population of the country or such higher percentages as already exists on or before the date of this Act,, in such manner, as may be prescribed.”

3

3(2) The vacancy reserved for members of the Scheduled Castes or the Scheduled Tribes under sub-section (1) shall be filled in such manner as may be prescribed.

The words “The vacancy” be amended as “The vacancies”

“3.(2) The vacancies reserved for members of the Scheduled Castes or the Scheduled Tribes under sub-section (1) shall be filled in such manner as may be prescribed.”

4

4(1) Notwithstanding anything contained din section 3, there shall be no reservation where

appointments are made –

 

(i) for a period of less than forty-five days;

(ii) for work charged post required for any emergency relief work;

(iii) to posts higher than the lowest grade of Group ‘A’ posts and classified as scientific or technical post; and

(iv) to posts higher than the lowest grade of Group ‘A’ posts in institutions of national importance and Indian Institutes of Management specified in the Schedule.

 

(2) The Central Government may by notification in the Official Gazette, amend the Schedule by including therein or, as the case may be, by omitting therefrom, any institution of national importance and Indian Institutes of Management and on the publication of such notification, such institution shall be deemed to be included in or, as the case may be, omitted from, the Schedule.

 

(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.

Delete this Section

To be Deleted.

5

5. In the case of promotion by selection from one Group ‘A’ post to another Group ‘A’ post which carries the scale of pay, the maximum of which is equal to or less than the maximum of the scale of pay of a Director in the Central Secretariat Service or equivalent posts in other establishments, the officers belonging to the Scheduled Castes and the Scheduled Tribes, who are fit to hold the post and are relatively senior so as to be within the number of vacancies for which the select list is to be drawn, shall be included in such select list and considered for appointment.

Replace the words “a Director in the Central Secretariat Service or equivalent posts in other establishments” with the words “a Secretary to the Government of India or equivalent or comparable posts in other establishments”

 

 

And replace the word “fit” with “not unfit”

5. In the case of promotion by selection from one Group ‘A’ post to another Group ‘A’ post which carries the scale of pay, the maximum of which is equal to or less than the maximum of the scale of pay of a Secretary to the Government of India or equivalent or comparable posts in other establishments, the officers belonging to the Scheduled Castes and the Scheduled Tribes, who are not unfit to hold the post and are relatively senior so as to be within the number of vacancies for which the select list is to be drawn, shall be included in such select list and considered for appointment.

6

6.(1) Appointment to an unreserved vacancy shall be open to all eligible persons including a person belonging to the Scheduled Castes or the Scheduled Tribes.

 

 

(2)Where such unreserved vacancy is filled by direct recruitment or promotion by a person belonging to the Scheduled Castes or the Scheduled Tribes on the basis of merit, then, such person shall be appointed against the unreserved vacancy;

 

 

 

 

 

 

 

Provided that no such appointment shall be made for promotion by non-selection.

 

Substitute “including a person” with “including persons”

 

 

Add at the end of Clause 6(2):

“and shall not be adjusted or computed against the reservation quota.”

 

And add the following proviso:

“Provide that persons belonging to the Scheduled Castes or to the Scheduled Tribes shall not be denied the right to be appointed against unreserved vacancies on the basis of merit  on the ground that they have availed themselves of increased age-limit under section 7 and/or reduced fees under section 8.”

 

And delete the existing proviso.

6.(1) Appointment to an unreserved vacancy shall be open to all eligible persons including  persons belonging to the Scheduled Castes or the Scheduled Tribes.

 

(2)Where such unreserved vacancy is filled by direct recruitment or promotion or deputation by a person belonging to the Scheduled Castes or the Scheduled Tribes on the basis of merit, then, such person shall be appointed against the unreserved vacancy and shall not be adjusted or computed against the reservation quota;

 

Provide that persons belonging to the Scheduled Castes or to the Scheduled Tribes shall not be denied the right to be appointed against unreserved vacancies on the basis of merit  on the ground that they have availed themselves of increased age-limit under section 7 and/or reduced fees under section 8.”

 

 

                                      

7

7.(1) The maximum age limit fixed for direct recruitment to a service or post shall be increased by five years for members of the Scheduled Castes and the Scheduled Tribes.

 

(2) The maximum age limit fixed for promotion to a post, if any, shall be increased by five years for members of the Scheduled Castes and the Scheduled Tribes.

 

Provided that no such relaxation shall be available where the maximum age limit for promotion has been fixed above fifty years.

Add the following proviso before the existing proviso:

 

“provided that members of the Scheduled Castes and of the Scheduled Tribes who have availed themselves of increased age limit shall not be considered to be not eligible for appointment in unreserved vacancy on the basis of merit.”

 

 

“7.(1) The maximum age limit fixed for direct recruitment to a service or post shall be increased by five years for members of the Scheduled Castes and the Scheduled Tribes.

 

(2) The maximum age limit fixed for promotion to a post, if any, shall be increased by five years for members of the Scheduled Castes and the Scheduled Tribes.

 

Provided that members of the Scheduled Castes and of the Scheduled Tribes who have availed themselves of increased age limit shall not be considered to be not eligible for appointment in unreserved vacancy on the basis of merit.

 

Provided that no such relaxation shall be available where the maximum age limit for promotion has been fixed above fifty years.

 

”

 

8

8. The examination fee or application fee, determined for recruitment to a service or post through competitive examination or otherwise, may be reduced to such extent for members of the Scheduled Castes and the Scheduled Tribes as may be prescribed.

Add the following proviso at the end:

 

“provided that members of the Scheduled Castes and of the Scheduled Tribes who have availed themselves of the concession of reduced fee shall not be considered to be not eligible for appointment in unreserved vacancy on the basis of merit.”

 

8. The examination fee or application fee, determined for recruitment to a service or post through competitive examination or otherwise, may be reduced to such extent for members of the Scheduled Castes and the Scheduled Tribes as may be prescribed.

 

provided that members of the Scheduled Castes and of the Scheduled Tribes who have availed themselves of the concession of reduced fee shall not be considered to be not eligible for appointment in unreserved vacancy on the basis of merit.

9

9.(1) Any standard of suitability, excluding the essential and desirable qualifications, required for appointment by direct recruitment to a post may be relaxed for members of the Scheduled Castes and the Scheduled Tribes, if sufficient number of such candidates possessing requisite standards are not available to fill the vacancies reserved for them;

 

Provided that no such appointment shall be made where the candidate is found unfit to hold the post.

 

(2)  The experience required for appointment by direct recruitment                  to a post may be relaxed for members of the Scheduled Castes and the Scheduled Tribes, if at any stage of selection, sufficient number of such candidates possessing the requisite experience are not available to fill the vacancies reserved for them.

Delete words “and desirable”

 

Delete the proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

After the words “direct recruitment” insert the words:  “or by promotion or by deputation”

9.(1) Any standard of suitability, excluding the essential qualifications, required for appointment by direct recruitment or by promotion or by deputation to a post may be relaxed for members of the Scheduled Castes and the Scheduled Tribes, if sufficient number of such candidates possessing requisite standards are not available to fill the vacancies reserved for them;

 

(2) The experience required for appointment by direct recruitment                  or by promotion or by deputation to a post may be relaxed for members of the Scheduled Castes and the Scheduled Tribes, if at any stage of selection, sufficient number of such candidates possessing the requisite experience are not available to fill the vacancies reserved for them.”

10

10(1)  Where a qualifying examination is held to determine fitness of eligible persons for promotion by non-selection and sufficient number of members of the Scheduled Castes and the Scheduled Tribes fulfilling the qualifying standards are not available to fill the vacancies reserved for them, such qualifying standards may be relaxed, consistent with the minimum standards of fitness required for appointment to the post, in the case of members of the Scheduled Castes and the Scheduled Tribes. 

 

 

 

10(2). ………………………

        ………………………..

Delete the words “consistent with the minimum standards of fitness required for appointment to the post”  from sub-section (1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Similarly delete the words “consistent with the minimum standards of merit required for appointment to the post”  from sub-section (2)

 

Where a qualifying examination is held to determine fitness of eligible persons for promotion by non-selection and sufficient number of members of the Scheduled Castes and the Scheduled Tribes fulfilling the qualifying standards are not available to fill the vacancies reserved for them, such qualifying standards may be relaxed in the case of members of the Scheduled Castes and the Scheduled Tribes.

12

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 the Scheduled Tribes, if it results in lowering their representation in relation to the percentage of reservation fixed for them.

Replace the existing words “if it results in lowering their representation in relation to the percentage of reservation fixed for them” with the words:

“if their representation is below the percentage of reservation fixed for them or if it results in lowering their representation below the percentage of reservation fixed for them.”

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 the Scheduled Tribes, if their representation is below the percentage of reservation fixed for them or if it results in lowering their representation below the percentage of reservation fixed for them.”

13

13(1)  …….

 

 

Add a new sub-section (5) as follows:

“(5) The Government shall establish and notify a scheme for monitoring the work of every liaison officer and to protect them from any harassment for effectively discharging their duties under the Act.”  

 

13(1) …….

 

   

    (5) The Government shall establish and notify a scheme for monitoring the work of every liaison officer and to protect them from any harassment for effectively discharging their duties under the Act.”

14

14(1) Every appointing authority, or an officer authorized by him in this behalf, shall

Add after the word “promotion”  the words “and deputation, including short falls in fulfilling reservation with reasons and remedial measures proposed to be taken,”

 

 

 

 

15

15. The Government shall, subject to the availability of financed and other resources, develop and organize training programmes to advance the competence of members of the Scheduled Castes and the Scheduled Tribes for appointment to services and posts.

15.  Delete the words “subject to the availability of finance and other resources”

 

15. The Government shall develop and organize training programmes to advance the competence of members of the Scheduled Castes and the Scheduled Tribes for appointment to services and posts.

16

16. Whoever knowingly makes a false claim that he is a member of the Scheduled Caste 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.

Replace “punishment” with “punish of imprisonment”

 

Add at the end the following:

“and recovery of such salaries as may have been paid to him in any reserved post to which he or she may have been appointed and/or recovery of such training expenses as may have been incurred on him or her, on the basis of such false claim.”

16. Whoever knowingly makes a false claim that he is a member of the Scheduled Caste or the Scheduled Tribe, as the case may be, shall be liable to punishment of imprisonment  for a term which may extend to three years or with fine which may extend to fifty thousand rupees or with both and recovery of such salaries as may have been paid to him in any reserved post to which he or she may have been appointed and/or recovery of such training expenses as may have been incurred on him or her, on the basis of such false claim.”.

17

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 fin which may extend to fifty thousand rupees or with both.

Replace “punishment” with “punishment of imprisonment”

17. Whoever knowingly issues a false Scheduled Caste or Scheduled Tribe certificate shall be liable for punishment of imprisonment for a term which may extend to three years or with fin which may extend to fifty thousand rupees or with both.

18

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.

After the words “intentionally contravenes”, add the words “or knowingly fails to comply with”

 

And add the following words:

“He/she shall be liable for punishment of imprisonment for a term which extends to _______ and with fine which may extend to _______ rupees.

 

18. Where any person responsible for implementing the provisions of  this Act or the rules made thereunder, intentionally contravenes or knowingly fails to comply with any of the provisions thereof, he shall be liable for disciplinary action under the service rules applicable to such person apart from the punishment prescribed under Section 17 above.

Nil

 

Add new Sections 19 and 20 after existing section 18

“19. The Government shall amend the Roster for appointment to posts by providing in every cycle the earliest post for the Scheduled Castes and the Scheduled Tribes so as to facilitate expeditious fulfillment of the reservation percentages in every group and every grade thereof.”

 

“20. The Government shall set up an Arakshan Nyay Adalat or Tribunal for Justice in Reservation with its main Bench in Delhi and Benches in every State which shall have the status of High Courts with provision of appeal only to the Supreme Court for the expeditious adjudication of complaints regarding implementation of reservation and shall bring a Bill fort this purpose at the next session.” 

 

21.

21.(1) The Central Government may, by notification in the Official Gazette, 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 (1) of section 3;

(b)   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;

(d)   the rank of the officer to be designated as the liaison officer under section (1) of section 13;

(e)   the documents and records to be maintained and the time and manner of furnishing report under sub-section (1) of Section 14.

(3) Every rule made by the Central Government under this section 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 sessions 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.

Add  “(a) declaration of posts in any establishment as equivalent to Group A or Group B posts or Group C posts or Group D posts under Section 2(d)”, and renumber subsequent (a), (b), (c), (d) and (e) as (b), (c), (d), (e),and (f)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Add after the words “Every rule made by the Central Government under this section” the following words:

 

“and every direction issued under Section 19”

 

After “two or more successive sessions,”, add the following words:

 

“and shall immediately thereafter be placed in the public domain by publication in the website of the Government”

 

And add at the end the following words:

 

“and shall also place in the public domain through publication in the website of the Government particulars of such modification or deletion, as the case may be.”

21.(1) The Central Government may, by notification in the Official Gazette, 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)   declaration of posts in any establishment as equivalent to Group A or Group B posts or Group C posts or Group D posts under Section 2(d)

(b)   the percentage of posts for reservation and the manner of reservation under sub-section (1) of section 3;

(c)   the manner of filling vacancies under sub-section (2) of section 3;

(d)   the extent of reduction in examination fee and application fee under section 8;

(e)   the rank of the officer to be designated as the liaison officer under section (1) of section 13;

(f)     the documents and records to be maintained and the time and manner of furnishing report under sub-section (1) of Section 14.

(3) Every rule made by the Central Government under this section and every direction issued under Section 19  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 shall immediately thereafter be placed in the public domain by publication in the website of the Government, and if, before the expiry of the session immediately following the sessions 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 and shall also place in the public domain through publication in the website of the Government particulars of such modification or deletion, as the case may be.

 

                                   

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