Bihar Reservation of Vacancies in
Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward
Classes) Act, 1991
[Bihar Act 3 of 1992]]
??????????? [7th
January, 1992]
An
Act to provide for adequate representation of Scheduled Castes, Scheduled Tribes
and other Backward Classes in Posts and Services under the State
Be
it enacted by the Legislature of the State of Bihar in the Forty-Second year of
the Republic of India as follows:?
Section - 1. Short title, extent and commencement.?
(1)
This Act may be
called the Bihar Reservation of Vacancies in posts and services (for
Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991.
(2)
It extends to the
whole of the State of Bihar.
(3)
It shall come into
force with immediate effect except Section 4 which shall be deemed to have come
into force with effect from the 1st November, 1990.
Section - 2. Definitions.?
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 services or posts:
[(aa)
?The Act? means. The Bihar Reservation of Vacancies in Posts and Services (for
Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1991 (Bihar
Act 3, 1992)]
(b)
??Prescribed? means prescribed by Rules made
under this Act and published in the Official Gazette.
(c)
?Establishment?
means any Office or department of the State concerned with the appointments to
public services and posts in connection with the affairs of the State and
includes (i) local or statutory
authority constituted under any State Act for the time being in force, or (ii) a cooperative institution
registered under the Bihar Co-operative Societies Act, 1935 (Act 6 of 1935) in
which share is held by the State Government or which receives aid from the
State Government in terms of loan, grant, subsidy etc. and (iii) Universities and Colleges
affiliated to the Universities, Primary, Secondary and High Schools and also
other educational institutions which are owned or aided by the State Government
and (iv) an establishment in
public sector:
(d)
?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;
(ii)
a Government
Company as defined in Section 617 of the Companies Act, 1956 (Act 1 of 1956) or
a Corporation established by or under a Central or State Act, in which not less
than fifty-one per
cent of the paid-up share capital is held by the State Government;
(e)
?Recruitment Year? means the calender
year during which a recruitment is actually made;
(f)
??Reservation? means reservation of vacancies
in posts and services for Scheduled Castes/Scheduled Tribes and Other Backward
Classes:
(g)
[?Scheduled Castes? shall have
reference to the Scheduled Castes specified in the Constitution (Scheduled
Castes) Order, 1950 made under Article 341 of the Constitution of India and as
amended from time to time;
(h)
[?Scheduled Tribes? shall have
reference to the Scheduled Tribes specified in the Constitution (Scheduled
Tribes) Order, 1950 made under Article 342 of the Constitution of India and as
amended from time to time;
(i)
[?Other Backward Classes? shall have
reference to extremely Backward, Backward Class and Women of Backward Classes;
(j)
[?Extremely Backward and Backward Classes? mean
and include those classes which have been specified in Schedules I and II of
the Act.
Explanation.?If
any of the classes enumerated in Schedule I and Schedule II appended to the
Act, is notified under any Presidential Order as Scheduled Caste or as
Scheduled Tribe, such class shall be deemed to have been deleted from the said
Schedules.
[Clause
?k? deleted by Act 11 of 1993.]
(k)
[?Women of Backward Classes? means and
includes women of Scheduled Castes, Scheduled Tribes, extremely Backward and
Backward Classes.
(l)
?Merit list? means the list of candidates
arranged in order of merit prepared accordance with the provisions made in the
Act.
(m)
?State? includes
the Government, the Legislature and the Judiciary or the State of Bihar and all
local or other authorities within the State or under the control of the State
Government.
Section - [8][3. Applicability.?
(1)
This Act shall not
apply in relation to,?
(a)
any employment
under the Central Government;
(b)
any employment in
private sector;
(c)
any employment in
the domestic services;
(d)
appointments made
on compassionate ground on the death of a Government servant while in service;
and
(e)
such other posts
as the State Government may from time to time by order specify
Provided
that every order 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,
which may comprise in one session or in two successive sessions.
Section - 4. Reservation for direct recruitment.?
All
appointments to services and posts in an establishment which are to be filled
by direct recruitment shall be regulated in the following manner, namely:?
(1)
The available
vacancies shall be filled up?
|
(a)
from open merit category
|
? 50%
|
|
(b)
from reserved category
|
? 50%
|
(2)
[The
vacancies from different categories of reserved candidates from amongst the 50%
reserved categories shall, subject to other provisions of the Act, be as
follows:?
|
(a)
Scheduled Castes
|
? 16%
|
|
(b)
Scheduled Tribes
|
? 01%
|
|
(c)
Extremely Backward Class
|
? 18%
|
|
(d)
Backward Class
|
? 12%
|
|
(e)
Woman of Backward Classes
|
? 03%
|
|
Total
|
? 50%
|
[Provided
that the State Government may be notification in the Official Gazette, fix
different percentage for different districts in accordance with the percentage
of population of Scheduled Castes/Scheduled Tribes and other Backward Classes
in such districts]:
Provided
further that in case of promotion, reservation shall be made only for Scheduled
Castes/Scheduled Tribes in the same proportion as provided in this section.
(3)
A reserved
category candidate who is selected on the basis of his merit shall be counted
against 50% vacancies of open merit category and not against the reserved
category vacancies.
(4)
Notwithstanding
anything contained to the contrary in this Act or in any other law or rules for
the time being in force, or in any judgment or decree of the Court, the provision
of sub-section (3) shall apply to all such cases in which all formalities of
selection have been completed before the 1st November, 1990, but the
appointment letters have not been issued.
(5)
The vacancies
reserved for the Scheduled Castes/Scheduled Tribes and other Backward Classes
shall not be filled up by the candidates not belonging to Scheduled
Castes/Scheduled Tribes and Other Backward Classes except as otherwise provided
in this Act.
(6)
(a) In case of non-availability of
suitable candidates from the Scheduled Castes and Scheduled Tribes for
appointment and promotion in vacancies reserved for them, the vacancies shall
continue to be reserved for three recruitment years and if suitable candidates
are not available even in the third year, the vacancies shall be exchanged
between the Scheduled Castes and Scheduled Tribes and the vacancies so filled
by exchange shall be treated as reserved for the candidates for that particular
community who are actually appointed.
(b) In case of non-availability of
suitable candidates from the Extremely Backward Classes and Backward Classes
the vacancies so reserved shall continue to be reserved for them for three
recruitment years and if suitable candidates are not available even in the
third year also, the vacancies shall be filled by exchange between the
candidates from the extremely Backward and Backward Classes and the vacancies
so filled by Exchange shall be treated as reserved for the candidates of that
particular community who are actually appointed.
(c) In case of no-availability of
suitable candidates for the vacancies reserved for the women of backward
classes; the vacancies shall be filled in order of preference as follows:?
(i)
by the candidates
from the Scheduled Castes;
(ii)
by the candidates
from the Scheduled Tribes;
(iii)
by the candidates
from extremely Backward Classes;
(iv)
by the candidates
from Backward Classes.
(v)
The vacancies so
filled in the transaction shall be treated as reserved for the candidates of
that particular community who are actually appointed.
(d) If in any recruitment year; the
number of candidates of Scheduled Castes/Scheduled Tribes, extremely Backward
and Backward Classes and are less than the number of vacancies reserved from
even after exchange formula the remaining backlog vacancies may be filled by
general candidates after deserving them but the vacancies so deserved shall be
carried forward for three recruitment years.
[(e) If the required number of
candidates of Scheduled Castes, Scheduled Tribes and Extremely Backward and
Backward Classes and Women of Backward Classes are not available for filling up
the reserved vacancies, fresh advertisment may be made only for the candidates
belonging to the members of Scheduled Castes, Scheduled Tribes and Extremely
Backward and Backward Classes and Women of Backward Classes, as the case may
be, to fill the backlog vacancies only.]
[(f) Notwithstanding anything contained
to the contrary in the Act or in any other law or rule for the time being in
force, or in any judgment or decree of the Court, the provisions of Section 4
shall apply to all such cases in which all formalities of selection have been
completed before 28th April, 1993 but the appointment letters have not been
issued]
Section - 5. Review of Reservation Policy.?
(1)
It shall be the
duty of the State Government to strive to achieve the representation of the
Scheduled Castes/Scheduled Tribes and other Backward Classes in the various
services or posts of all the establishments of the State as defined in clauses
(c) and (d) of Section 2 in the proportion
fixed for various reserved categories under Section 4.
(2)
The State
Government shall review its reservation policy after every ten years:
Provided
that every order made under sub-section (2) 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
which may be comprised in one or in two successive sessions.
Section - 6. Model Roster.?
(1)
The State
Government shall prescribe a Model Roster of 100 points for direct recruitment
and 50 points for promotion both for the State and District level vacancies.
(2)
The appointing
authority shall maintain separate running rosters for recruitment and promotion
in prescribed form for each category of posts under his control.
Section - 7. Concession.?
Fees,
if any, prescribed for any examination for selection to any service or post
shall be reduced to 1/4 in the case of candidates belonging to the Scheduled
Tribes.
Section - 8. Liaison Officer.?
In
each department of the Government, an officer-in-charge of establishment, not
below the rank of Joint Secretary, shall be authorised by the Secretary of the
Department to act as a Liasion Officer in respect of the matters provided under
this Act and shall be responsible for,?
(a)
ensuring proper
implementation of the provisions of this Act and Rules made thereunder;
(b)
ensuring
compliance by the subordinate authority.
(c)
ensuring timely
submission of the returns.
(d)
ensuring annual
inspections of Rosters and such other records, as may be prescribed.
(e)
acting as a
Liaison Officer between the Administrative Department and the Department of
Personnel and Administrative Reforms.
(f)
ensuring necessary
assistance to Department of Personnel and Administrative Reforms, and the
Reservation Commissioner in the investigation of complaints received from any
organisation or an individual belonging to Scheduled Castes/Scheduled Tribes
and other Backward Classes.
Section - 9. Nomination of Scheduled Castes/Scheduled Tribes Officer in Committee.?
The
State Government shall nominate an Officer of the Scheduled Castes/Scheduled
Tribes on over Establishment/Promotion Committee.
Section - 10. Power to call for record.?
Any
member of the Scheduled Castes/Scheduled Tribes/Other Backward Classes who is
adversely affected on account of the 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 for such records or take such action thereon as it
may think fit.
Section - 11. Protection of action taken in good faith.?
No
suit, prosecution or other legal proceeding, shall lie against any person for
anything which is done or intended to be done in good faith under this Act.
Section - 12. Penalty.?
If
any appointing authority makes an appointment promotion in contravention of any
of the provisions of this Act shall be punishable with fine which may extend to
one thousand rupees or imprisonment for 3 months or both.
Section - [17][13. Prosecution.?
(1)
When a complaint
is made with regard to any appointment or promotion made in contravention of
the provisions of this Act, the Collector/Deputy Commissioner of the District
at district level for the Commissioner at the divisional level or the
Department of Personnel and Administrative Reforms at the State level, as the
case may be, on due enquiry, may, with the approval of the Government institute
criminal case against the appointing authority and the concerned officers.
(2)
Such prosecution
shall be instituted by the Divisional Commissioner where the appointing officer
is the Collector/Deputy Commissioner or by the Department of Personnel and
Administrative Reforms, where the appointing officer is Divisional
Commissioner.
Section - 14. Removal of difficulties.?
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 it may consider necessary for removing the
difficulty.
Section - [18][14-A.
Power
to add or remove Castes/Classes in Schedules I and II of the Act the State
Government may on the recommendation of the Bihar State Commission for Backward
Classes, add or remove, as the case may be, any Caste/Class from Schedule I or
Schedule II appended to the Act by notification in the Official Gazette.
Section - 15. Power to make Rules.?
(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 powers, such Rules may provide
for all or any of the following matters, namely?
(a)
Maximum age-limit
for first recruitment to any service or post.
(b)
The minimum
qualifying marks for direct recruitment to any service or post.
(c)
Form in which
every establishment shall submit annual report to the department of Personnel
and Administrative Reforms regarding number of persons recruited in such
establishment.
(d)
Any other matter
which has to be made or any other matter connected with or for the purpose of
carrying out the provisions of this Act:
Provided
that every rule made under this section shall be laid, as soon as may be after
it is made, before each House of the State legislature while it is in session
for a total period of fourteen
days which may be comprised in one session or in two successive
sessions and if, before expiry of the session in which it is so laid or the
session immediately following, both the Houses agree in making any modification
in the rules or both the 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.
Section - 16. Overriding effect of the Act.?
Notwithstanding
any thing contrary in any other law and Rules for the time being in force, any
judgment or decree of court, any order, notification, circular, scheme, rule or
resolution made or issued the provisions of this Act shall have effect:
Provided
that any other law, rule for the time being in force, any order, notification,
circular, scheme, resolution made, issued or passed prior to this Act, so far as
it is not inconsistent with this Act, shall continue to be in force and shall
be deemed to have been made, issued or passed under this Act.
Section - 17. Repeal and Savings.?
(1)
The Bihar
Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled
Tribes and other Backward Classes) Ordinance, 1991 (Bihar Ordinance No. 33,
1991) and the Bihar Reservation of Vacancies in Posts and Service (For
Scheduled Castes, Scheduled Tribes and other Backward Classes) (Amendment)
Ordinance, 1991 (Bihar Ordinance No. 34 of 1991) are hereby repealed.
(2)
Notwithstanding
such repeal, anything done
or any action taken in the exercise of any power conferred by or under the said
ordinance shall be deemed to have been done or taken in the exercise of the
powers conferred by or under this Act as if this Act were in force on the day
on which such thing or action was done or taken
:
SCHEDULE I
List of Extremely Backward Classes
1.
Kapadia
2.
Kanu/Halwai
3.
Deleted
4.
Kalandar
5.
Kochh
6.
Kurmi (Mahto)
(Jharkhand Autonomous Area)
7.
Kewat (Kaut)
8.
Kadar
9.
Kaura
10.
Korku
11.
Kaibart
12.
Deleted
13.
Khatwa
14.
Deleted
15.
Khatouri
16.
Khangar
17.
Khatik
18.
Khelta
19.
Khatwe
20.
[Deleted by Act 7 of 1994]
21.
Gorhi (Chhabi)
22.
Gangai (Ganesh)
23.
Gangota
24.
[Deleted by Memo No. 695, dt. 28.2.2007]
25.
Gandharb
26.
Gulgalia
27.
[Deleted by Memo No. 695, dt. 28.2.2007]
28.
Chain
29.
Chapota
30.
Chandrabansi
(Kahar, Kamkar)
31.
Tikulhar
32.
Dhekaru
33.
Tanti (Tatwa)
34.
Tamaria
35.
Turha
36.
Tiar
37.
Deleted
38.
Dhanuk
39.
Dhamin
40.
Dhimar
41.
Dhanwar
42.
Nonia
43.
Naiya
44.
Nai
45.
Namsudar
46.
Pandi
47.
Pal (Bherihar)
Gareri)
48.
Pradhan
49.
Pingania
50.
Pahira
51.
Bari
52.
Beldar
53.
Bind
54.
[Deleted by Act 7 of 1994]
55.
Shekhra
56.
Bagdi
57.
Bhuiyar
58.
Bhar
59.
[Deleted by Act 7 of 1994]
60.
Bhaskar
61.
Mali (Malakar)
62.
Mangar
63.
Madar
64.
Mallah
65.
Majhwar
66.
Markandey
67.
Moriyari
68.
Malar (Malhor)
69.
Molik
70.
Rajdhobi
71.
Rajbhar
72.
Rangwa
73.
Banpar
74.
[Deleted by Act 7 of 1994]
75.
Shota (Shota).
76.
Sang-Trash (For
Nawada district only)
77.
Deleted
78.
Aghouri
79.
Abdal
80.
Kasab (Kasai)
(Muslim)
81.
Chik (Muslim)
82.
Dafali (Muslim)
83.
Dhunia (Muslim)
84.
Dhobi (Muslim)
85.
Nut (Muslim)
86.
Pamaria (Muslim)
87.
Bhathiara (Muslim)
88.
Bhat (Muslim).
89.
Mehtar, Lalbegia,
Halalkhor, Bhangi (Muslim)
90.
Miriasin (Muslim)
91.
Madari (Muslim)
92.
Meershikar
(Muslim)
93.
Saeen/Fakir/Diwan/Madar
(Muslim)
94.
Momin (Muslim)
(Julaha/Ansari)
95.
Amat
96.
Churihar (Muslim)
97.
Prajapati (Kumhar)
98.
Raeen or Kunjara
(Muslim)
99.
Soyar
100. Thakurai
(Muslim)
101. Nagar
102. Shershabadi
103. Bakkho
(Muslim)
104. Adrakhi
105. Chhipi
106. Tili
107. Idrisi
or Darji (Muslim)
108. Saikalgar
(Sikalgar) (Muslim)
109. Rangrej
(Muslim)
110. Sinduria
Bania
111. Mukeri
(Muslim)
112. Itfarosh/ltafarosh/Gadheri/Itpaj/Ibrahim
(Muslim)
113. Barhi
114. Patwa
115. Kamar
(Lohar&Karmkar)
116. Dewhar
Note.?Those
castes and classes in respect of whom the word Muslim has not specifically been
mentioned, would belong to both Hindu and Muslim communities. For exampleTeli
means both Hindu and Muslim Teli.
SCHEDULE II
List of Backward Classes
1.
[Deleted by Bihar Act 6 of 1996]
2.
Kagji.
3.
3 [Deleted by Memo No. 1170, dated 25.3.2010.]
4.
Kushwaha (Koiri).
5.
Kosta.
6.
Gaddi.
7.
Ghatwar.
8.
[Deleted by Bihar Act 6 of 1996]
9.
Chanau.
10.
Jadupatia.
11.
Jogi (Jugi).
12.
Tamoli.
13.
Teli.
14.
[Deleted by Memo No. 2413, dated 21.6.2010.]
15.
Nalband (Muslim).
16.
[Deleted by Bihar Act 6 of 1996]
17.
Partha.
18.
[Deleted by Memo No. 2844, dated 12.6.2009.]
19.
Barai.
20.
Bania [Sundi,
Modak/Maira, Roniar, Pansari, Modi, Kasera, Kesarwani, Thathera, Kalwar
(Kalal/Eraki), (BiahutKalwar), Kamalapuri, Vaishya, Mahuri Vaishya, Awadh
Bania, Bangi Vaishya (Bengali Bania), Barnwal, Agrahari Vaishya, Vaishya
Poddar, Kasaudhan, Gandhbanik, Batham Vaishya, Goldar (East/West Champaran)
Kaithal Vaishya/Kath Bania, Samari Vaishya]
21.
[Deleted by Memo No. 673, dt. 2.11.2001]
22.
Yadav (Gwala,
Ahir, Gora Ghasi, Mehar, Sodgop, Lakshmi Narain Gola).
23.
Rajbanshi (Risia
or Polia)
24.
[Deleted by Memo No. 211, dt. 10.4.2001]
25.
Rautia.
26.
[Deleted by Bihar Act 6 of 1996]
27.
Laheri.
28.
Shivhari.
29.
Sonar.
30.
Sutradhar.
31.
Sukiar.
32.
Deleted
33.
Isai Dharmawalambi
(Harijan).
34.
IshaiDharmawalambi
(Anya PichariJati).
35.
Kurmi
36.
Bhaat/Bhat/Brambhat/Rajbhat
(Hindu)
37.
Dangi
38.
Kulhaiya
39.
Jat (Muslim) (for
Saharsa, Supaul, Madhepura and Araria districts)
40.
Jat (Muslim) (for
Madhubani, Darbhanga, Sitamarhi, Khagaria and Araria district)
41.
Mararia (Muslim)
(only for Sanhaula Block of Bhagalpur District and Dhoraia Block of Banka
Districts)
42.
Donwar (only for
Madhubani and Supaul Districts)
43.
Surjapuri Muslim
(excluding Shekh, Syed, Mallik, Mogal, Pathan) (only for Purnea, Katihar,
Kishanganj and Araria District)
44.
Mallik (Muslim)
Note.?Those
castes and classes in respect of whom the work Muslim has not specifically been
mentioned, would belong to both Hindu and Muslim communities. For exampleTeli
means both Hindu and Muslim Teli.