Madhya
Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade
Vargon ke Liye Arakshan) Adhiniyam, 1994
[M.P. Act No. 21 of 1994]
[3rd June, 1994]
Received
the assent of the Governor on 3-6-1994; assent first published in the Madhya
Pradesh Gazette (Extraordinary), dated 8-6-1994.
An
Act to provide for the reservation of vacancies in public services and posts in
favour of the persons belonging to the Scheduled Castes, Scheduled Tribes and
other Backward Classes of citizens and for matters connected therewith or
incidental thereto.
Be
it enacted by the Madhya Pradesh Legislature in the Forty-fifth Year of the
Republic of India as follows :-
Section - 1. Short title, extent and commencement.
(1)
This
Act may be called the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan
Jatiyon Aur Anya Pichhade Vargon ke Liye Arakshan) Adhiniyam, 1994.
(2)
It
extends to the whole of Madhya Pradesh.
(3)
It
shall come into force on such [date] as
the State Government may, by notification, appoint.
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 service
or post;
[(b) "Establishment" means
any office of the State Government or of a local authority or statutory
authority constituted under any Act of the State for the time being in force,
or a University or a company, corporation or a co-operative society in which
not less than fifty-one percent of the paid up share capital is held by the
State Government or the institutions receiving grant-in-aid or any cash grant
from the State Government and includes a work charge or contingency paid
establishments and such establishments in which casual appointments are made
but does not include the establishments covered under Article 30 of the
Constitution;]
(c) ? "Reservation" means
reservation of posts in the services for the members of Scheduled Castes, the
Scheduled Tribes and other Backward Classes;
(d) ? "Scheduled
Castes" means any caste, race or tribe or part of, or group
within caste, race or tribe specified as Scheduled Castes with respect to the
State of Madhya Pradesh under Article 341 of the Constitution;
(e)? "Scheduled
Tribes" means any tribe or tribal community or part of, or
group within such tribe or tribal community specified as Scheduled Tribes with
respect to the State of Madhya Pradesh under Article 342 of the Constitution;
(f) ? "Public
Services and Posts" means the services and posts in any office
of the establishment;
(g)? "Other
Backward Classes" means the other Backward Classes of citizens
as specified by the State Government vide Notification No. F. 85-XXV-4-84,
dated the 26th December, 1984 as amended from time to time;
(h) ? "Recruitment
Year" in relation to a vacancy means a period of twelve months
commencing on the first of January of a year within which the process of direct
recruitment against such vacancy is initiated.
Section - 3. Application of the Act.
This
Act shall apply to the establishment as defined in this Act but shall not apply
to the following employments :-
(1)
any employments under the Government of India;
(2)
[x x x]
(3)
Posts to be filled by transfer or by deputation;
(4)
[x x x]
(5)
Appointments made to the Madhya Pradesh High Judicial Service.
Section - 4.[5][Fixation of percentage for reservation of posts and standard of evaluation].
(1)
Unless
otherwise provided by or under this Act, the posts reserved for the members of
Scheduled Castes or Scheduled Tribes or other Backward Classes shall not be
filled by the members who do not belong to such castes or tribes or classes, as
the case may be.
(2)
Subject
to other provisions of this Act there shall be reserved for the persons
belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes,
at the stage of direct recruitment in public services and posts.
[(i) ?at the State level, the following percentage
of vacancies arising in a recruitment year, in Classes I, II, III and IV posts-
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(a)
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In Class I and Class II posts-
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Scheduled Castes
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16 percent
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Scheduled Tribes
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20 percent
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Other Backward Classes
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14 percent
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(b)
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Class III and Class IV posts-
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Scheduled Castes
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16 percent
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Scheduled Tribes
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20 percent
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Other Backward Classes
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14 percent]
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(ii) ???in an establishment at the Divisional or
District level the percentage of vacancies arising in a Recruitment Year in
such categories of Class III and Class IV posts, as may be notified by the
State Government in this behalf.
(iii) ??the appointments to vacancies as aforesaid in
(i) and (ii), shall be made in accordance with a roster as may be prescribed :
Provided
that the aforesaid reservation shall not apply to such categories of persons
belonging to the other Backward Classes as are notified by the State Government
as belonging to the creamy layer from time to time.
(3)
(a)
If in respect of any recruitment year any vacancy reserved for any category of
persons under sub-section (2) remains unfilled, such vacancy shall be carried
forward to be filled up in the next or a subsequent recruitment year.
(b) When a vacancy is carried forward in the manner aforesaid it
shall not be counted against the quota of the vacancies reserved for the
concerned category of persons for the recruitment year to which it is carried
forward :
Provided
that the appointing authority may at any time undertake a special recruitment
to fill up such unfilled vacancy and if such vacancy remains unfilled even
after such special recruitment it shall be filled up in the manner as the State
Government may prescribe.
[(c) Wherever the
reserved vacancies for Scheduled Castes and Scheduled Tribes in all cases of
direct recruitment or promotion have remained unfilled in the earlier year or
years, the backlog and/or carried forward vacancies would be treated as a
separate and distinct group and will not be considered together with the
reserved vacancies of the year in which they are being filled up for
determining the ceiling of fifty percent reservation on total number of
vacancies of that year. In other words, the ceiling of fifty percent on filling
up of reserved vacancies would apply only on the reserved vacancies which arise
in the current year and the backlog/carried forward reserved vacancies for
Scheduled Castes or Scheduled Tribes of earlier year or years would be treated
as a separate and distinct group and would not be subject to ceiling of fifty
percent:
Provided that the appointing authority
may at any time undertake a special recruitment to till up such unfilled
vacancies and if such vacancies remain unfilled, it shall not be de-reserved in
any manner for filling up by the persons not belonging to the category for whom
the post or posts are reserved.]
(4)
It
a person belonging to any of the categories mentioned in sub-section (2) gets
selected on the basis of merit in an open competition with general candidates,
he shall not be adjusted against the vacancies reserved for such category under
sub-section (2).
[(4-A) The State Government may by
general or special order make any provisions in favour of the members of the
Scheduled Castes and the Scheduled Tribes, for relaxation in qualifying marks
in any examination or lowering the standards of evaluation, for reservation in
matters of recruitment and promotion to any class or classes of services or
posts in connection with the affairs of the State.]
(5)
If,
on the date of commencement of this Act, reservation was in force under
Government orders for appointment to post to be filled by promotion, such
Government orders shall continue to be applicable till they are modified or
revoked.
[(5-A) The State Government may make
rules or issue any instructions in the matters of promotion with consequential
seniority to any class or classes of posts in the Civil Services of the State
in favour of the Scheduled Castes and the Scheduled Tribes.]
Section - 5. Responsibility and
powers for compliance of the Act.
(1)
The
State Government may, by order, entrust the appointing authority or any officer
or employee with the responsibility of ensuring the compliance of the
provisions of this Act.
(2)
The
State Government may, in the like manner, invest the appointing authority or
officer or employee referred to in sub-section (1) with such powers or
authority as may be necessary for effectively discharging the responsibility
entrusted to him under sub-section (1).
Section - 6. Penalty.
[(1) Any appointing authority
entrusted with the responsibility under sub-section (1) of Section 5, who
wilfully acts in a manner intended to contravene or defeat the purposes of this
Act, or endorses a false certificate in terms of Section 14-A, such act of the
appointing authority shall be deemed to be misconduct under the conduct or
service rules applicable to him and for such misconduct be liable for
disciplinary proceedings under the said rules as well as for prosecution by a
Court of competent jurisdiction and shall on conviction be punishable with
imprisonment which may extend to one year or with fine which may extend to two
thousand rupees or with both.]
(2) ??No Court shall take cognizance of an offence
under this section except with the previous sanction of the State Government.
Section - 7. Power of call for record.
If
it comes to the notice of the State Government that any person belonging to any
of the categories mentioned in sub-section (2) of Section 4 has been adversely
affected on account of non-compliance of the provisions of this Act or the
rules made thereunder or the Government orders in this behalf by the appointing
authority, it may call for records of the appointing authority and take such
action as it may consider necessary.
Section - [11][8. Representation in Selection Committee.
The State Government may, by order,
provide for nomination of officers belonging to the Scheduled Castes, Scheduled
Tribes and Other Backward Classes in the selection/screening or promotion
committee by whatever name called, to such extent and in such manner as it may
consider necessary where such committee is constituted either under the service
rules or otherwise for the purpose of selecting persons for appointment or
promotion to any public service or post.]
Section - 9. Concession and relaxation.
(1)
The
State Government may, by order, grant such concessions in respect of fees for
any competitive examination or interview and relaxation in upper age limit, as
it may consider necessary in favour of the categories of persons mentioned in
sub-section (2) of Section 4.
(2)
The
Government orders in force on the date of the commencement of this Act, in
respect of concessions and relaxations, including concession in fees for any
competitive examination or interview and relaxation in upper age limit and
those relating to reservation in direct recruitment and promotion, in favour of
categories of persons referred to in sub-section (1), which are not
inconsistent with the provisions of this Act shall continue to be applicable
till they are modified or revoked, as the case may be.
Section - 10. Caste certificate.
For
the purposes of reservation provided under this Act, the caste certificate
shall be issued by such authority or officer and in such manner and form as the
State Government may, by order provide and till such provision is made, the
orders in force on the date of commencement of this Act shall continue to be
applicable.
Section - 11. Removal of difficulties.
If
any difficulty arises in giving effect to the provisions of this Act, the State
Government may, by order, make such provision not inconsistent with the
provisions of this Act as appears to it to be necessary or expedient for
removing the difficulty.
Section - 12. Protection of action taken in good faith.
No
suit, prosecution or other legal proceedings shall lie against the State
Government or any person for anything which is in good faith done or intended
to be done, in pursuance of this Act or the rules made thereunder.
Section - 13. Power to make rules.
The
State Government may, make rules for carrying out the purposes of this Act.
Section - 14. Irregular appointments voidable.
All
appointments made, in contravention of the provisions of the Act after the
commencement of this Act shall be voidable.
Section - [12][14A. Certification by the Appointing Authority.
Every appointing authority shall
endorse on the appointment order to be issued by him, a certificate to the effect that he has complied
with the provisions of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon,
Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam,
1994 (No. 21 of 1994) and the instructions issued in the light of the
provisions of the Act by the State Government and that he has full cognizance
of the provisions of sub-section (1) of Section 6 of the said Act.]
Section - 15. Half yearly report of appointments.
A
half yearly report of the appointments made by every department of the State
Government and by every appointing authority or establishment subordinate to it
shall be submitted to the State Government in the General Administration
Department in such form and in such manner as may be prescribed for the period
from January to June in the month of August and from July to December in the
month of February every year and the relevant records connected therewith shall
be maintained in such manner as may be prescribed.
(3)
Any
officer authorised by the State Government in this behalf may examine such
records or may call for the records and rosters pertaining to the appointments
from the appointing authority.
(4)
It
shall be duty of the appointing authority to make available such records or
documents, information, assistance and services as may be required for the
above purposes, whenever demand is made for the same.
Section - 16. Liaison Officer.
All
departments of the State Government shall nominate an officer not below the
rank of Class I Officer to work as Liaison Officer in connection with the
implementation of the provisions of this Act in every establishment and the
Liaison Officer so appointed shall exercise such powers and perform such duties
as the State Government may, by order, specify.
Section - 17. Constitution of Standing Committee.
(1)
There
shall be constituted a Standing Committee consisting of the following members,
namely:-
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(1)
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Minister, Scheduled Caste and Scheduled Tribe Welfare or
Minister, Backward Class Welfare, Madhya Pradesh.
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Chairman
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(2)
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Five members of the Madhya Pradesh Legislative Assembly to
be nominated by the Speaker out of which one each shall be from member
belonging to Scheduled Castes, Scheduled Tribes and Backward Classes.
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Member
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(3)
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Secretary incharge of the General Administration
Department, Madhya Pradesh Government.
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Member
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(4)
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Secretary incharge of the Scheduled Castes, Scheduled
Tribes and Backward Classes Welfare Department, Madhya Pradesh Government.
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Member-Secretary.
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(2)
The
Standing Committee shall be constituted by the State Government for such period
as may be prescribed.
Section - 18. Functions of the Standing Committee.
The
Standing Committee shall perform the following functions, namely :-
(a)
review the implementation of the provisions of this Act and the
rules made thereunder;
(b)
suggest measures for the removal of difficulties in implementing
the provisions of this Act and the rules made thereunder;
(c)
such other functions as the State Government may, from time to
time, assign to the Committee.
Section - 19. Annual report.
The
State Government shall prepare an annual report on the working of this Act and
lay the same before the Legislative Assembly.
Section - 20. Laying of order etc.
All
rules, notifications and orders made under the provisions of this Act, shall be
laid down as soon as may be, before the Legislative Assembly.
Section - 21. Saving.
The
provisions of this Act shall be in addition to and not, save as expressly provided
in this Act, in derogation of the provisions contained in any other Act for the
time being in force.
Notifications
[Notification No. F. 1-3-93-I.R.C.,
dated 5-8-1995.] -
In exercise of the powers conferred by sub-section (1) of Section 5 of the Madhya
Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade
Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994), the State Government
hereby entrust the authorities specified in column (4) of the Table below with
the responsibilities of ensuring due compliance of the provisions of sections
of the said Act as specified in column (2) of the Table for the
responsibilities specified in column (3) of the said Table, namely :-
Table
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No.
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Section of the Act
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Brief description of the responsibility entrusted
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Authority responsible for ensuring the compliance
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(1)
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(2)
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(3)
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(4)
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1.
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Section 4(1)
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Recruitment to vacant posts
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1. In the cases wherein orders are to be issued on the
basis of the select list of Public Service Commission or by way of special
appointment- Secretary of the concerned Department.
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2. Where appointing authority is Head of the
Department-Head of the Department.
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3. In the case wherein powers of Head of the Department
have been delegated, such authority in which powers have been vested.
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2.
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Section 4(2)
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Maintenance of roster of appointment/ promotion
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3.
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Section 15(1)
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Half-yearly report regarding appointments
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Every appointing authority and Secretary of the
Administration Department.
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