The ASSAM SCHEDULED CASTES AND SCHEDULED TRIBES 1RESERVATION OF POSTS IN SERVICES ACT, 1978 (SINGLE DOCUMENT)
# ASSAM ACT XII OF 1979


# (Received the assent of the Governor on 23rd May, 1979)


# THE ASSAM SCHEDULED CASTES AND SCHEDULED TRIBES

**1[RESERVATION OF POSTS IN SERVICES] ACT, 1978**


# AN


# ACT

to provide for [2][reservation of posts in services] for the members of the
Scheduled Castes and Scheduled Tribes.

**Preamble.** WHEREAS the members of the Scheduled Castes and Scheduled
Tribes who are Backward Classes of citizens are not adequately
represented in the services and posts within the State ;

AND WHEREAS it is expedient to provide for the **[3][reservation**
of posts in services] for them ;

It is hereby enacted in the Twenty-ninth Year of the Republic of
India by the Legislature of Assam, as follows :

**Short title**
**extent and**
**commencement.**


**1.** (1) This Act may be called the Assam Scheduled Castes and

Scheduled Tribes [4][Reservation of Posts in Services] Act, 1978.


(2) It extends to the whole of Assam.


(3) It shall come into force on such date as the State Government

may, by notification in the official Gazette, appoint.

**Definitions.** **2.** In this Act, unless the context otherwise requires,
(a) “Appointing authority”, In relation to a service or post in an

establishment, means the authority empowered to make
appointment to such service or post;


1. Subs. by Assam Act No. XIX of 2012.
2. Subs. by Assam Act No. XIX of 2012.
3. Subs. by Assam Act No. XIX of 2012.
4. Subs.by Assam Act No. XIX of 2012.


-----

**Act not to apply**
**in relation to**
**certain**
**employments.**


(b) “Establishment” means any office of the State Government, a

local or statutory authority constituted under any State Act
for the time being in force or a Corporation in which not less
than fifty-one percent. of the paid-up share capital is held by
the State Government and includes Universities and Colleges
affiliated to the Universities, Primary, Secondary and
Multipurpose Schools and also other educational institutions
which are owned or aided by the State Government and also
includes an establishment in Public Sector;

(c) “Establishment in public sector” means any industry, trade,

business or occupation owned, controlled or managed by
(i) The State Government or any department of the State

Government, or

(ii) A Government Company as defined in section 617 of the

Companies Act, 1956 or a Corporation established by or
under a Central or State Act, in which not less than fifty
one percent. of the paid-up share capital is held by the
State Government, or

(iii) A local or statutory authority, constituted under any State

Act for the time being in force ;

(d) “Establishment in private sector” means any industry, trade,

business or occupation which is not an establishment in
Public Sector ;

**1[*     *      *      *]**

**3.** This Act shall not apply in relation to—

(a) any employment under the Central Government ;

(b) any employment in the Assam Judicial Service Grade-I;

(c) any employment in domestic service.


1. Omitted by Assam Act No. XIX of 2012.


2


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**1[Reservation**
**for Scheduled**
**Castes and**
**Scheduled**
**Tribes in posts**
**to be filled by**
**direct**
**recruitment.**


**4.** At the commencement of this Act, all appointments to services and
posts in the establishment which are to be filled up by direct
recruitment shall be regulated in the following manner, namely :
(a) Subject to other provisions of this Act, seven percent of the

posts in each cadre shall be reserved for the candidates
belonging to Scheduled Castes, ten percent for Scheduled
Tribes (Plains) and five percent for Scheduled Tribes (Hills).
The said percentage shall be worked out by every Appointing
authority in relation to the number of posts comprising each
cadre in a service. The Appointing authority shall ensure that
once the prescribed percentage of reservation meant for the
Scheduled Castes, Scheduled Tribes (Plains) and Scheduled
Tribes (Hills) in a particular cadre is achieved, no further
reservation would lie irrespective of the roster points. In other
words, in case of conflict between roster and the prescribed
percentage, the later shall prevail :

Provided that the State Government may, from time to
time, review the implemention of the reservation policy and
take adequate measures including increase of percentage,
mentioned in this clause :

Provided further that the candidates belonging to the
Scheduled Castes and Scheduled Tribes who qualify for
selection on merit shall be included in the general list and not
against reserved quota.

Provided also that in respect of the Assam judicial
Service, the percentage shall be seven for the Scheduled
Castes and ten for the Scheduled Tribes (Plains) and five for
Scheduled Tribes (Hills) in Grade-II and III of the Service;

(b) Fees, if any, prescribed for any examinations for selection to

any service or post shall be reduced to half in the case of
candidates belonging to the Scheduled Castes or Scheduled
Tribes.

(c) The members of the Scheduled Castes and the Scheduled

Tribes shall be entitled to a concession of five years over the
prescribed maximum age limit for appointment to any service
or post.]


1. Subs. by Assam Act No. XIX of 2012.


3


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**1[Reservation**
**for Scheduled**
**Castes and**
**Scheduled**
**Tribes in posts**
**to be filled up**
**by promotion.**

**2[Manner and**
**procedure for**
**giving effect of**
**reservation.**


**5.** Reservation for members of Scheduled Castes and Scheduled Tribes
in posts to be filled up by promotion in any establishment shall be
regulated in the following manner, namely :
(a) There shall be reservation at seven percent for members of

the Scheduled Castes and ten percent for the members of
Scheduled Tribes (Plains) and five percent for the members
of the Scheduled Tribes (Hills):

Provided that the State Government may, from time to
time, review the implementation of the reservation policy and
take adequate measures including increase of percentage,
mentioned in this clause;

(b) a separate post-based roster for recruitment and promotion for

each cadre shall be maintained by every Establishment for
reservation of candidates of the Scheduled Castes and the
Scheduled Tribes as contained in clause (a) of this section.]

**5A.** The reservation for the members of the Scheduled Castes and the
Scheduled Tribes in services or posts in an Establishment shall be
given effect to in the following manner, namely :
(i) A post-based Roster Register shall be maintained to give

effect to the reservation of vacancies for Scheduled Castes
and Scheduled Tribes. Such roster shall be based on the
Model Roster as per Schedule I and II appended to this Act
and shall be adopted for the purpose by each Establishment in
such manner that the prescribed percentage of reservation is
maintained in each cadre;

(ii) Each Appointing authority shall prepare and notify the roster

based on the principles laid down in this Act and maintain
Roster Register in a manner containing such number of points
as are equivalent to the number of posts in a cadre. In case of
any increase or decrease in the cadre strength, the roster shall
correspondingly by expanded or contracted;

(iii) The roster is to be operated on the principle of replacement

and not as a running account. In other words, the points at
which reservation for different categories applies are fixed as
per the roster and vacancies caused by retirement etc. of
persons occupying those points shall be filled up by
appointment of persons of the respective categories;


1. Subs. by Assam Act No. XIX of 2012.
2. Ins. by Assam Act No. XIX of 2012.


4


-----

(iv) Separate rosters are to be maintained for giving effect to

reservation in direct recruitment and promotion;

(v) Cadre, for the purpose of a roster, shall mean a particular

grade and shall comprise the number of posts to be filled by a
particular mode of recruitment in terms of the applicable
recruitment rules. Thus in a cadre of say, 100 posts, where the
recruitment rules prescribe a ratio of 50:50 for direct
recruitment and promotion, two rosters-one for direct
recruitment and one for promotion (when reservation in
promotion applies)- each comprising 50 points shall be drawn
up on the lines of the respective rosters ;

(vi) Since reservation does not apply to transfer on deputation or

transfer, where the recruitment rules prescribe a percentage of
posts to be filled by this method, such posts shall be excluded
while preparing the rosters;

(vii) Appointments of candidates belonging to Scheduled Castes

and Scheduled Tribes which were made on merit and not due
to reservation, are not to be counted towards reservations so
far as direct recruitment is concerned. In other words, they
are to be treated as general category appointments;

(viii) For initial adoption of this post based roster, the existing

backlog vacancies in a cadre where the prescribed percentage
of reservation for the Scheduled Castes and the Scheduled
Tribes has not been achieved as per post-based roster
prepared under this Amendment Act, shall be considered as
vacancies released by recruitment, resignation, promotion etc.
of the persons belonging to the said reserved categories and
the same are to be filled up by direct recruitment or by
promotion of eligible persons from the respective categories
by special drive so that the prescribed percentage of
reservation is maintained;

(ix) Before making an appointment by direct recruitment, the

Appointing authority shall ascertain by consulting the Roster
Register maintained by each Establishment, whether the post
is reserved or unreserved and if it is reserved, for whom it is
so reserved. Immediately after an appointment is made, the
particulars thereof shall be entered in the Roster Register and
signed by the Appointing authority;

(x) In the absence of a qualified Scheduled Castes or Scheduled

Tribes candidate, as the case may be, in a particular year, the
vacancy shall be carried forward and filled up in the next
year;

5


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**Power to**
**exempt.**


(xi) Every Establishment shall prepare and notify the roster for

each cadre equivalent to the number of posts with the
concurrence of the Personnel Department and Welfare of
Plains Tribes and Backward Classes Department;

(xii) The roster shall be maintained separately for permanent and

temporary posts;

(xiii) A vacancy caused due to any reason whatsoever, except

termination of service during probation, shall be treated as a
fresh vacancy;

(xiv) A candidate who claims to be a member of the Scheduled

Castes or the Scheduled Tribes shall support his candidature
by a Certificate from Deputy Commissioner/Sub-Divisional
Officer or from such other authority as may be prescribed by
rules made under the Act.]

**6.** If the State Government is of opinion that the reservation for
members of the Scheduled Castes or Scheduled Tribes shall not be
applied to any specialised service or post in view of the specialised
qualification or experience necessary and in absence of such qualified
candidates from amongst the Scheduled Caste and Scheduled Tribes
the State Government may by notification in the Official Gazette,
exempt such service or post from the provisions of this Act.


**Penalty.** **7.** If an appointing authority makes an appointment in contravention of
the provisions of Section 4 or Section 5, he shall be punishable with
fine which may extend to one thousand rupees and the State
Government may also draw up proceedings against the respective
Head of the Department asking for show cause and for further
punishment :

Provided that nothing contained In this Section shall apply in
relation to an appointment to any service or post of which the
appointing authority is the Governor.


**Cognizance of**
**offences.**

**Protection of**
**action taken in**
**good faith.**

**Removal of**
**difficulties.**


**8.** No prosecution for an offence under this Act shall be instituted except
by, or with the sanction of the State Government.

**9.** No suit, prosecution or other legal proceeding shall lie against any
person for anything which is in good faith done or intended to be
done under this Act.

**10.** If any difficulty arises in giving effect to the provisions of this Act,
the State Government may take such steps or issue such orders not
inconsistent with the provisions of this Act, as the State Government
may consider necessary for removing the difficulty.

6


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**Power to**
**amend the**
**schedule.**

**Submission of**
**annual Report**
**maintenance of**
**other records**
**and inspection**
**thereon.**

**Power to make**
**rules.**


**11.** The State Government may, by order publish in the Official Gazette,
add to, amend or alter the Schedule.

**12.** (1) Every appointing authority shall maintain such records as may be

prescribed by rules made in this behalf and shall furnish to the
State Government in the prescribed manner an annual report on
the appointments made by it during the previous financial year.

(2) Any officer authorised by the State Government in that behalf

may inspect any records or document which are maintained in
relation to appointments made by such appointing authority.

(3) It shall be the duty of the appointing authority to produce such

records or documents for inspection by the officer authorised
under sub-section (2), and furnish such information or afford such
assistance as may be necessary for him to carry out his functions
under this Act.

(4) Notwithstanding anything contained in the Assam Civil Services

(Conduct) Rules, 1965, any member of any Scheduled Castes or
any Scheduled Tribes who is adversely affected on account of
non-compliance with the provisions of this Act or the rules made
thereunder by any appointing authority, may bring the fact to the
notice of the State Government and upon application made by
him the State Government may call such records or take such
action thereon as it may think fit.

**13.** (1) The State Government may make rules for carrying out the

purposes 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) Form in which every establishment shall submit annual report

to the State Government regarding the number of person
recruited in such establishment.

(b) Any other matter which has to be or may be prescribed by

rules made in this behalf.


7


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**1[Saving.** **14.** Notwithstanding anything to the contrary contained under the
provisions of this Act, anything done, any action taken or any order
made under the provisions of the Assam Scheduled Castes and
Scheduled Tribes (Reservation of Vacancies in Services and Posts)
Act, 1978, shall be deemed to have been validly done, taken or made
under the corresponding provisions of this Act.]

**2["SCHEDULE-I”**

**(See Section 5 A)**

**MODEL 100 POINT ROSTER**


Assam Act
XII of
1979.


1. While preparing the roster, each establishment shall have to keep in mind the

number of posts in the cadre and required percentage to be maintained for the
Scheduled Castes and Scheduled Tribes in the cadre so that the prescribed
percentage can be achieved.

2. The reservation have to be determined with reference to the laid down percentage

in the cadre.

3. When the prescribed percentage of the reservation in a cadre is achieved, the

running accounts have to come to an end.

4. Thereafter, the posts shall have to be filled up on the principle of substitution or

replacement.


1. Ins. by Assam Act No. XIX of 2012.
2. Subs. by Assam Act No. XIX of 2012.


8


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**If the total number of post in a cadre is assumed as 100 post, the Model Roster for the same shall be**
**as follows-**

**Model 100 POINTS ROSTER**

**Sl. No. Post** **Share of representation** **Category for which the**

**Category** **ST(P)** **SC** **ST(H)** **post should be**

**Percentage** **10%** **7%** **5%** **earmarked**

**1** **0.1** **0.07** **0.05** **UR**

**2** **0.2** **0.14** **0.1** **UR**

**3** **0.3** **0.21** **0.15** **UR**

**4** **0.4** **0.28** **0.2** **UR**

**5** **0.5** **0.35** **0.25** **ST(P)-l**

**6** **0.6** **0.42** **0.3** **UR**

**7** **0.7** **0.49** **0.35** **UR**

**8** **0.8** **0.56** **0.4** **SC-1**

**9** **0.9** **0.63** **0.45** **UR**

**10** **1** **0.7** **0.5** **ST(H)-l**

**11** **1.1** **0.77** **0.55** **UR**

**12** **1.2** **0.84** **0.6** **UR**

**13** **l.3** **0.91** **0.65** **UR**

**14** **1.4** **0.98** **0.7** **UR**

**15** **1.5** **1.05** **0.75** **ST(P)-2**

**16** **1.6** **1.12** **0.8** **UR**

**17** **1.7** **1.19** **0.85** **UR**

**18** **1.8** **1.26** **0.9** **UR**

**19** **1.9** **1.33** **0.95** **UR**

**20** **2** **1.4** **1** **UR**

**21** **2.1** **1.47** **1.05** **UR**

**22** **2.2** **1.54** **1.1** **SC-2**

**23** **2.3** **1.61** **1.15** **UR**

**24** **2.4** **1.68** **1.2** **UR**

**25** **2.5** **1.75** **1.25** **ST(P)-3**

**26** **2.6** **1.82** **1.3** **UR**

**27** **2.7** **1.89** **1.35** **UR**

**28** **2.8** **1.96** **1.4** **UR**

**29** **2.9** **2.03** **1.45** **UR**

**30** **3** **2.1** **1.5** **ST(H)-2**

**31** **3.1** **2.17** **1.55** **UR**

**32** **3.2** **2.24** **1.6** **UR**

**33** **3.3** **2.31** **1.65** **UR**

**34** **3.4** **2.38** **1.7** **UR**

**35** **3.5** **2.45** **1.75** **ST(P)-4**

**36** **3.6** **2.52** **1.8** **SC-3**

**37** **3.7** **2.59** **1.85** **UR**

**38** **3.8** **2.66** **1.9** **UR**

**39** **3.9** **2.73** **1.95** **UR**

**40** **4** **2.8** **2** **UR**

9

|Sl. No. Post|Share of representation|Col3|Col4|Category for which the post should be earmarked|
|---|---|---|---|---|
|Category|ST(P)|SC|ST(H)||
|Percentage|10%|7%|5%||
|1|0.1|0.07|0.05|UR|
|2|0.2|0.14|0.1|UR|
|3|0.3|0.21|0.15|UR|
|4|0.4|0.28|0.2|UR|
|5|0.5|0.35|0.25|ST(P)-l|
|6|0.6|0.42|0.3|UR|
|7|0.7|0.49|0.35|UR|
|8|0.8|0.56|0.4|SC-1|
|9|0.9|0.63|0.45|UR|
|10|1|0.7|0.5|ST(H)-l|
|11|1.1|0.77|0.55|UR|
|12|1.2|0.84|0.6|UR|
|13|l.3|0.91|0.65|UR|
|14|1.4|0.98|0.7|UR|
|15|1.5|1.05|0.75|ST(P)-2|
|16|1.6|1.12|0.8|UR|
|17|1.7|1.19|0.85|UR|
|18|1.8|1.26|0.9|UR|
|19|1.9|1.33|0.95|UR|
|20|2|1.4|1|UR|
|21|2.1|1.47|1.05|UR|
|22|2.2|1.54|1.1|SC-2|
|23|2.3|1.61|1.15|UR|
|24|2.4|1.68|1.2|UR|
|25|2.5|1.75|1.25|ST(P)-3|
|26|2.6|1.82|1.3|UR|
|27|2.7|1.89|1.35|UR|
|28|2.8|1.96|1.4|UR|
|29|2.9|2.03|1.45|UR|
|30|3|2.1|1.5|ST(H)-2|
|31|3.1|2.17|1.55|UR|
|32|3.2|2.24|1.6|UR|
|33|3.3|2.31|1.65|UR|
|34|3.4|2.38|1.7|UR|
|35|3.5|2.45|1.75|ST(P)-4|
|36|3.6|2.52|1.8|SC-3|
|37|3.7|2.59|1.85|UR|
|38|3.8|2.66|1.9|UR|
|39|3.9|2.73|1.95|UR|
|40|4|2.8|2|UR|


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**87** **8.7** **6.09** **4.35** **UR**

10

|41|4.1|2.87|2.05|UR|
|---|---|---|---|---|
|42|4.2|2.94|2.1|UR|
|Sl. No. Post|Share of representation|||Category for which the post should be earmarked|
|Category|ST(P)|SC|ST(H)||
|Percentage|10%|7%|5%||
|43|4.3|3.01|2.15|UR|
|44|4.4|3.08|2.2|UR|
|45|4.5|3.15|2.25|ST(P)|
|46|*****|******|*****|*****|
|47|4.7|3.29|2.35|UR|
|48|4.8|3.36|2.4|UR|
|49|4.9|3.43|2.45|UR|
|50|5|3.5|2.5|ST(H)-3|
|51|5.1|3.57|2.55|SC-4|
|52|5.2|3.64|2.6|UR|
|53|5.3|3.71|2.65|UR|
|54|5.4|3.78|2.7|UR|
|55|5.5|3.85|2.75|ST(P)-6|
|56|5.6|3.92|2.8|UR|
|57|5.7|3.99|2.85|UR|
|58|5.8|4.06|2.9|UR|
|59|5.9|4.13|2.95|UR|
|60|6|4.2|3|UR|
|61|6.1|4.27|3.05|UR|
|62|6.2|4.34|3.1|UR|
|63|6.3|4.41|3.15|UR|
|64|6.4|4.48|3.2|UR|
|65|6.5|4.55|3.25|ST(P)-7|
|66|6.6|4.62|3.3|SC-5|
|67|6.7|4.69|3.35|UR|
|68|6.8|4.76|3.4|UR|
|69|6.9|4.83|3.45|UR|
|70|7|4.9|3.5|ST(H)-4|
|71|7.1|4.97|3.55|UR|
|72|7.2|5.04|3.6|UR|
|73|7.3|5.11|3.65|UR|
|74|7.4|5.18|3.7|UR|
|75|7.5|5.25|3.75|ST(P)-8|
|76|7.6|5.32|3.8|UR|
|77|7.7|5.39|3.85|UR|
|78|7.8|5.46|3.9|UR|
|79|7.9|5.53|3.95|SC-6|
|80|8|5.6|4|UR|
|81|8.1|5.67|4.05|UR|
|82|8.2|5.74|4.1|UR|
|83|8.3|5.81|4.15|UR|
|84|8.4|5.88|4.2|UR|
|85|8.5|5.95|4.25|ST(P)-9|
|86|8.6|6.02|4.3|UR|
|87|8.7|6.09|4.35|UR|


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**99** ********** ********** ********** *********

**SCHEDULE-II**

**[See Section 5A]**

MODEL POST BASED ROSTER FOR CADRES HAVING NUMBER OF POST 13 OR LESS
THAN 13.

The roster showing 9 posts with one vacancy i.e. the 10[th] post going to ST (H) will always
give a percentage of 30 for reserved categories. Slight variation at one or two points is inevitable
for maintaining the prescribed percentage of 22%. As such a Model Roster is prepared for cadres
having 13 or lesser posts with 14th post going to ST (H) is prepared and shown below for guidance
of each Establishment:

Model Post Based Roster for cadres having number of posts 13 or less than 13.

11

|88|8.8|6.16|4.4|UR|
|---|---|---|---|---|
|Sl. No. Post|Share of representation|||Category for which the post should be earmarked|
|Category|ST(P)|SC|ST(H)||
|Percentage|10%|7%|5%||
|89|8.9|6.23|4.45|UR|
|90|9|6.3|4.5|ST(H)-5|
|91|9.1|6.37|4.55|UR|
|92|9.2|6.44|4.6|UR|
|93|9.3|6.51|4.65|SC-7|
|94|9.4|6.58|4.7|UR|
|95|9.5|6.65|4.75|ST(P)-10|
|96|9.6|6.72|4.8|UR|
|97|9.7|6.79|4.85|UR|
|98|9.8|6.86|4.9|UR|
|99|******|******|******|*****|


-----

**Rotations:**

**Cadre** **Initial**
**Strength** **Recruitment**

|Cadre Strength|Initial Recruitment|1|2|3|4|5|6|7|8|9|10|11|12|13|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|1|1|2|3|4|5 STP|6|7|8 SC|9|10|11|12|13|14 STH|
|2|2|3|4|5 STP|6|7|8 SC|9|10|11|12|13|14 STH||
|3|3|4|5 STP|6|7|8 SC|9|10|11|12|13|14 STH|||
|4|4|5 STP|6|7|8 SC|9|10|11|12|13|14 STH||||
|5|5 STP|6|7|8 SC|9|10|11|12|13|14 STH|||||
|6|6|7|8 SC|9|10|11|12|13|14 STH||||||
|7|7|8 SC|9|10|11|12|13|14 STH|||||||
|8|8 SC|9|10|11|12|13|14 STH||||||||
|9|9|10|11|12|13|14 STH|||||||||
|10|10|11|12|13|14 STH||||||||||
|11|11|12|13|14 STH|||||||||||
|12|12|13|14 STH||||||||||||
|13|13|14 STH]|||||||||||||


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