The Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978
###### Registered No. A-12

#### ·rhe Assarn Gazettt.

Ql'll~~q

###### EU:R.A.ORDIN ARY

~w Cl5f"n qm 2141~

###### PUBLISHED BY AUTHORITY

if~ 128 ~~. <.'ff'i~llf. 28 Df, 1979, 7 ~. 1901 (~)

No. 128 Dispur, Monday, 28th May, 1979, 7th Jyaistha,

1901 (S. E.)
###### ----------

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT
## --

###### NOTIFICATION

 The 28th May, 1979

 No. LGJ.,, 120/77/55.-The following Act, of the Assam Legislative
 Assembly which received the assent of the Governor is hereby published for general information.


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786 l'HE ASSAM GAZETTE, EXTRAORDINARY. MAY 28, 1979

ASSAM ACT XII OF 1979

(Received the assent nf the Governor on 23rd May, 1979).

###### THE A~SAM SCHEDULED CASTES AND SCHEDULED TRIBES

(RE~ERVATION OF VACANCIES IN SERVICES AND

POSTS) ACT, 1978

AN

###### ACT

to provide for reservation of vacancies in services and posts for the
members of the Scheduled Castes and Scheduled Tribes.

Preamble. WHEREAS the members of the Scheduled Castes aad Sche-

duled Tribes who are Backward Classes of citizens are not
adequately represented in the service1 and posts within the

###### State:

AND WHEREAS it is expedient to provide far the

reservation of vacancies in services and posts for them ;

###### It is hereby enacted in the Twenty-ninth Year of the

Republic of india. by the Legislature of Assam, a1 follows ;-

Short title 1. (I) This Act may be called the Assam Scheduled
extent :and Castes and Scbedulec.l Tribes (Reservation of Vacan·
commence-

cies in Services and Posts) Act, 1978.

ment.

###### (2) It extends to the whole of Assam.

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

Government may, by notification in the official

Gazette, appoint.

Definitions. 2. In this Act, unless th.o context otherwise requirct,-

(a) "Appointing authority", In relation to a service or

post in an establishment, means the authority em·
powered to make appointment to such service or
###### post;


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 28. 19i9 787

(b) "Establishment" means any office of the State Gov-

ernment, 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
per cent. of the paid-up share capital is held by
the State Government and includes Universities and
Colleges affiliated to the UniYersities, Primary, Se-

r:ondary and Multipurpose Schools and also other
educational instimtions which are owned or aided
by the State Government and also includes an
establishment in Public Seclor;

(c) "Establishment in public sector" means any indus-

try, trade, business or occupation owned, con trolled
or managed bv-
(i) The State Government or any deµartment o f the

State Government, or

(ii) A Government Company as defined in 5ection 617
of the Companies Act, 1956 or a Corporation

esta~lished by or under a Central or State Act,
in which not fess than fifty one per cent. of the
paid-up share capital is held by the State Oo-vernw

ment, or

(iii) A local or statutory authority, constituted under
any State Act for the time bein1 ia force ;

(d) "EstabHshment in private sector" means any indus-

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

<e) "Schedule" means the Scheduled appended to this
Act.

Act not to 3. Thia Act shall not apply in relation to~

apply in
relation to (a) any employment under the Central Government;
certain
employment•.

(b) any ('mployment in the Assam Judicial Service

###### Grade-I;

( c) any employment in domestic service.

R~ervation 4. At the commencement of this Act, all appointments
for Sehedn- to services and posts in the establishment which are to be filled

~:d ~~~:u. up by direct recruitment shall bl! regulated in the following

led Tribes in manner, namely :-
vacancies to
be filed by {a) subject to the other provisions of th;s Act, seven
direct recruit-
ment. l'er cent. of the vacancies shall be reserved for the

candidates belonging to Scheduled Castes and ten
per cent. for Sc!-iedu1ed Tribes (Plains) and five per
cent. for Scheduled Trit:'ies (Hills), in the manner

set out in the Schedule :


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###### 788 THE ASS~M GAZETTE, EXTRAORDINARY, MAY ~S , 1979

Provided that the State Government may from time to
time review the implemention of the reservation policy an .j
take adequate measures including increase ef percentage, men-
tioned in Clause 4 (a) of this Bill ;

Provided further that the candidates belonging to Sche-

duled Castes and Scheduled Tribes who qualify for selection
on merit shall be included in the general lial and not against
reserved q\lota .

Provided also that in respect of the Assam judicial Ser-

vice, the percentage shall b6 seven for Scheduled Castes and
ten for Scheduled Tribes (Plains) and fi ve for Scheduled Tribes
(Hills) in Grade-II and III of tbe Service.

(b) Fees, if any, ptescribed for any examinations for selec-

tion to any service or post shall be reduced to half in .,he
case of candidates belonging to the Scheduled Castes o,. Sche-
duled Tribes,

(c) The members of the S_;hedult d Castes and the Sche-

duled Tribes shall be entitled to a concession of three vears over

the prescribed maximum sge limit for appointme r ~t to any

service or post.

Rcsorvation 5. Reservation for members of Scheduled Castes and Sche-

for Schedu- duled Tribes in vacancies to be filed up by prom c tion in

kd Castes any establishment sh .:dl b ~ regulated in the following man-
and Schedu- I .
led Tribes ner' name y. - -

in vacancie5
to be filled (a) There shall be reservation at seven per cent. for

by members of the ~cbeduled Castes and ten per-

promotion.

###### cent. for the members of Scheduled fribes (Plains)
and five per cent. for the members of the Sche·
duled Tribes (Hills):

Provided that the State Government may from time [0

time reviw the implementation of the reservation policy and
take adequate measures Including increase of r:ercentagf', men-
dvned in clause _S (a) of_ tbis Act.

(b) a separate twenty point r0ster in the form given

in the S:::hedule shall be maintained by every
establishment.

Power to 6. If the State Government is cf opinion that the reser-

exempt. vation for members of the Scheduled Castes or Scheduled

Tribes shall not be applied to any specialised service or J Jo~t

in view of the specialised qualification or experience necessary and
in absence of such qualified candidates from amongst the Sche-
duled 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.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 28, 1979 189

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 whioh may extend to one
thousand rupees and the State Government may aho draw
up proceedings _2_ gainst the respective Head of the Depart-
ment asking for show CB:use and for further punish1· ent :

Provided that nothing contained In this Section shall

apply in relation to an appointment to any se rvice or post
of which the appointin g a11thority is the Governor

Cognizance 8. No prosecution for an offence under this ,\ ct shall be

of O ffences. instituted ex c ep ~ by, or with the sanction of the State Govern-
ment.

9. ~o suit, prosecution or oth e1 legal proceening shall

Protection

of action lie against any person for anything which is in go0d faith

taken in do ne or intended to be done u r.der th is Act.
good faith.

Remov ai of I 0. If any difficulty arises in giving effect to the provisions of

difficulties, 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.

Power to 11. The State Government may, by order publish in the

amend t hp Official Gazette, add to , amend or alter the Schedule.

S ch~d u l e

s b . . 12.(1) Every appointing authority shall maintain such re-

      - ~ ;;:~~r cords as may be prescribed by rules made in this behalf and shall
Report furnish to the State Government in the prescribed manner an
mainte nance annual report on the appointments made by it. during the pre-
of other vious fi nancial year.

records and ( ) ffi h · d G       -
inspection 2 Any o cer aut onse by the State overnment m that

rher eon. behalf may inspect any records or document which are main-

tained in relation to appointments made by such appointing
authority.

_1 3)_ It shall be the duty of the appointing authority to pro-

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

(4) Notwithstanding anything contained in the Assam Civil

~ ervic es (Conduct ) Rules, 1965, any member of an y Scheduled
Castes or an y 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 .act to the notice ot the State Government and up-

on application made by him the State Government may call
such records or take s•1ch action thereon as it may think fi t.


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790 l h .t.. ASSAM GAZETTE, EXTRAORDINARY, MAY 28, 1979

###### - - ----- --

Power to 13. (1) The State Government may make rules for carrying
mako rules. out the p urposes of this Act.

(2) In particular and withoue prejudice to the generality

of the foregoing power auch rules may provide _fot_ all or

any of the following matters, namely :-

(a) Form in which evory establishment shall submia

annual r eport to the State Government regarding

the number of person recruited in such e ~tablishment .

(b) Any otbet matter which has to be or may be
prescribed by r ulos made in t his behalf.

THE SCHEDULE

(Seo Section 4 }

The reservation for the members of the Scheduled Castes and

the Sched uled Tribes in services or posts in an establishment
shall be given effect to in the following manner, namely:--

(i) A ro ~ te r of tweoty vac i.ncies will be nece1sary to give effect

to the reservat ion of vaca ncie ~ for the Scheduled Castes and tltc Sche-

duled Tr i b~s . The ro i;Ler given bel0w shall be adopted for the pu11-

p '.) se by each es1ablishment.

l:,t Vacancy Scheduled Tribe1 (Plains}.

###### 2nd Vacancy Unreserved.

3ro Vacancy Scheduled Cal'tt'I.

4th Vacancy Unreserved.

5th Vacclncy Unreserved.

6th Vacancy Unreserved.

7th Vacancy Scheduled Tribe1 (Hilla).
8th Vacancy Unreserved.
9th Vacancy Unreserved.

10th Vacancy Unreserved.

11th Vacancy Scheduled Tribes (Plains).

12th Vaeancy Scheduled Castes.

13th Vacancy Unreserved.
14th Vacancy Unreserved.
15th Vacancy Unreserved.

16th Vacancy Unreserved.
17th Vacancy Unreserved.

18th Vacancy lm1eserved.

19th Vacancy Unre1erved.

20th Vacancy Unreserved.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 28, 1979 791

Re1cr•ation points-
Schedulcd Tribes (Plains) l,ll
Scheduled Cast ea 3, 12

Scheduled Tribes (Hills) 7

(ii) A register shall be maintained for giving effect to the instr11c·

tions sontained in paragraph (i).

(iii) Before making an appointment by direct recruitment, tho appo-

inting authority snail ascertain by consulting the regbter whether the
vacancy is reserved or unreserved and if it is reserved, for whom it

is so reserved. Immediately after an appoin tment ia made the par-

ticalars thereof shall be entered in tile register and ai gned by the

appointing aathority.

(iv) The ro,ter is a running account from year to year and shall

be maintained accord;ngly. If recruitment in a particular year stop
###### at a particular point of the cycle, say at the 4th point, recruitment
in the s11bsequent year shall being at the next point i. e. at the 5th
point.
(v) No gap shall be left in tile roster In filling vacancies and if
a reserved vacancy, say at the Sth point of the cycle, has for want
###### ef a qualified Scheduled Caste candidate to be 'rea ted as un reserved
the candidate appointed shall uct shown against the point. An attempt

1hall be made at the time of filling each successive unreserved vacancy
to recruit a Scheduled Caste candidate but If a Scheduled Ca , te can-
didate canot still be found in the yeafl in which the vacancy is filled
the reservation shall be carried forward to the following year. The
first unreserved vacancy in that year shall be reserved for the Scbe -
duled castes in addition to any other vacancy available to them ac-
cording to the cycle.

(vi) In tile absence of a qualified Scheduled Caste/Scheduled Tribe
candidate in a particula• year, tile vacancy shall be carried forward
till tho requisite percentage in that cadre is filled \Ip,

(vii) The roster, shall be maintained separately for permanent and

temporary vacancies.

('viii) A vacancy due to whatever cause, except termination of ser·

vic:e during probation, shall be treated as a fresh vacancy.

###### (ix) A candidate who claimes to be a membel' of tho Scheduled

Castes or the Scheduled Tribes shall 1pport his eandidaiure by a Cer-
tificate from a gazetted Officer or from such other authority as may

be prescribed by rules made under the Act.

###### U. TAHBILDAR,
 Secy. to the Govt. of Assam, Legislative Deptt.

OAUHATI-Printed and --published by the Supdt., i/c.          - m J ovt. Printing

Presa, (Ex-Ga1cttel No.255-850-800-28·5·1979


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