The Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005
,h jj \3°           - 'Ivbk/cB 1 **Registered No. 768/9***

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## THE ASSAM GAZETTE

##### EXTRAORDINARY

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 PUBLISHED BY THE AUTHORITY

 T° 206 A P T 21 CT’, 2005, 31 W * , 1927 (*l^)
 No. 206 Dispur, Saturday, 21st May, 2005, 31 st Vaisakha, 1927 (S.E.)

 GOVERNMENT OF ASSAM
 ORDERS BY THE GOVERNOR
 LEGISLATIVE DEPARTMENT:: LEGISLATIVE BRANCH

 NOTIFICATION

 The 18th May, 2005

 No. LGL. 17/2005/20.—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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###### 1674 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 21, 2W5

 ASSAM ACT NO. XXIX OF 2005
 (Received the assent of the Governor on 13th May, 2005)

 THE ASSAM WOMEN (RESERVATION OF VACANCIES IN
 SERVICES AND POSTS) ACT, 2005

 AN

 ACT

to provide for reservation of vacancies in services and posts for woman

in the State of Assam.

**Preamble.** Whereas woman in the State of Assam are both socially,

educationally and economically backward and are not adequately
represented in the services and posts within the State of Assam ;

And whereas it is expedient to provide for reservation of

vacancies in services and posts in order to bring them at per with
men.

It is hereby enacted in the Fifty sixth Year of the Republic of

India as follows :-

**short title,** 1.(1) This Act may be called The Assam Women (Reservation

**extent and** of Vacancies in Services and Posts) Act. 2005,
**commencement** **'**

(2) It extends to the whole of Assam ,.
(3) It shall come into force at once.

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 posts ;

(b) “Es tablishm en t” means any offic e 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 per cent
of tne paid-up share capital is held by the State
Government and includes Universities, 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 Se ctor;

(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 central **Act.**

617 of the Companies Act, 1956 or a 1 o f 1956

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 ;


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###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 21, 2005 1675

(d) “Estab lishm ent in private sector” means any

industry, trade,business or occupation which is
not an establishment in public Se ctor;

(e) “Schedule” means the Scheduled appended to this

Act.

**Act not to apply** 3. This Act shall not apply in relation to —
**in relation to**
**certain** (a) any employment under the Central Govern ment;
**employments.**

(b) any employment in the Assam Judicial Service

Grade - 1.

**Reservation for** 4. At the commencement o f this Act, 30 percent of the vacancies in
**women m**
**vacancies to be** respect of all appointments to the services and posts in the
**filled up by** establishment which are to be filled up by direct recruitment shall
**direct recruit­** ’ be reserved for the women candidates :
**ment**

Provided that the aforesaid reservation shall be inclusive o f the

reservation provided statutorily or otherw ise to the Scheduled
Castes, Scheduled Tribes (Plains), Schedules Tribes (Hills). Other
Backward Classes. More Other Backward Classes and persons
with disabilities within the respective reserved category:

Provided further that 30 percent reservation o f the vacancies in

respect of the Women for the remaining unreserved Category of
candidates shall be available to the Women o f unreserved category
only.

**Power to** 5. If the State Government is o f the opinion that it is not necessary to
**exempt** reserve certain specialized services and posts for Women in view

of the specialized qualification or experience required in respect
of such services and posts, the Stater Gov ernm ent may, by
notification in the Official Gazette, exempt suchservices and posts
from the purview of this Act.

**Penalty.** 6. If any Appointing Authority makes an appointm ent in contravention

of the provision of section 4, he shall be liable to be punished with
fine which may extend to repees one thousand and the State
Government may also draw up disciplinary proceeding against him
and after giving him a reasonable opportunity o f being heard, may
inflict such punishm ent as may deem fit and proper as per the
Assam Services (discipline and Appeal) Rules 1964.

**Cognizance of** 7. No prosecution for an offence under this Act shall be instituted
**offences.**

excep t by, or with the sanction of the State Government.

**Protection of** 8. No suit, prosecution or other legal proceeding shall lie against any
**action taken in**
**good faith.** person for any thing which is in good faith done or intended to be

done under this Act.

**Removal of** 9. If any difficulty arises in giving effect to the provisions of this Act,
**difficulty.**

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 rem oving the difficulty.


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###### 1676 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 21, 20. -

**Submission of** 10. (1) The appointing authority shall maintain such records as may
**tjinual report**
**maintenance of** be prescribed by rules made in this b ehalf and shall furnish
**other records** to the State Government in the prescribed manner annually a
**and inspection**
**thereon.** rep ort of appointments made by it in the previous financial

, year.

(2) Any officer authorized by the State Government in this behalf

may inspect any records or documents which are maintained
in re lation to ap po intm en t made by such App ointing
Authority.

(3) It shall be the duty of the Appointing Authority to produce such

records or documents for inspection b y 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.

**The State** 11. (1) The State Government may make rules for carrying out the
**Government to**
**make rules.** purposes o f this Act.

(2) Every rules made under this section shall be laid, as soon as may

be after it is made before the State Legislature, while it is in
session for a total period of fourteen days wh ich may be
comprised in one session or in two or more successive sessions
and if before the expiry of the sessions immediately following

the session or the successive sessions aforesaid, the State
Legislature agree in making any modification in the rule or the
State Legislature agrees 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 :

Provided however that any such modification or annulment

shall be without prejudice to the validity of anything previously

done under the rule.

M. K. DEKA,

Com mission er & Secy, to th e Gov t, of A ssam ,

Leg isla tive D epart m ent.

GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty.,

Assam, Guwahati-21, (Ex-Gazette) No. 411 -500-600-21 -5-2005.


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