A Bill furtHer to Amend The Odisha Reservation of
Vacancies in Posts And Services (For Scheduled Castes And Scheduled Tribes) Act
1975. BE it
enacted by the Legislature of the State of Odisha in the Sixty-fourth Year of
the Republic of India as follows:-- This
Act may be called the Odisha Reservation of Vacancies in Posts and Services
(for Scheduled Castes and Scheduled Tribes) Amendment Act, 2013. In
section 1 of the Odisha Reservation of Vacancies in Posts and (for Scheduled
Castes and Scheduled Tribes) Act, 1975(Odisha Act 38 of 1975) (herein-after
referred to as the principal Act), in sub-section (1), the words
"vacancies in" shall be omitted. In
section 2 of the principal Act,-- (a)
clause (a) shall be re-numbered as clause
(a-1) and the following clause shall be inserted as clause (a), namely:-- "(a) "appointment" means appointment of a
person to any post or service either by direct recruitment or by way of
promotion;"; and (b)
for clause (g), the following clause shall be
substituted, namely:-- "(g) "State" includes the Government, the
Legislature of the State of Odisha, local or other authorities within the State
which are under the control of the State Government, an aided educational
institution as defined in the Odisha Education Act, 1969(Odisha Act 15 of
1969), institutions, societies and companies of the State Government; In
section 3 of the principal Act,-- (a)
in clauses (a) and (b), for the word and
figure "Class I", the word and letter "Group A" shall,
respectively, be substituted; (b)
in clause (h-1), for the words "of
permanent disabled employee who suffer from the disability while in
service" the word "employee" shall be substituted; and (c)
after clause (j) the following clause shall
be inserted, namely:-- "(k) those which are required to be filled up in a
Department or wing or office under the State Government by re-deployment of
staff found surplus in another Department or wing or office;". In
section 4 of the principal Act,-- (a)
in sub-section (1), for the word
"vacancies" the word "posts" shall be substituted; (b)
in sub-section (2),-- (i)
the words "vacancies in" shall be omitted
and for the word "vacancies" the word "posts" shall be
substituted; (ii)
in the second proviso, in clause (a), for the
words, "sixty-six and two-third", the words "seventy-five"
shall be substituted and (iii) in clauses (b) and (c), for the word and figure
"Class I", the word and letter "Group A" shall,
respectively be substituted; (c)
in sub-section (3), for the words, figure,
comma and brackets "Class-II, Class-III (including those specially
declared to be Gazetted) and Class-IV", the words and letters "Group
B, Group C and Group D" shall be substituted; and (d)
after sub-section (3), the following
sub-section shall be inserted namely:-- "(4) If a candidate belonging to Scheduled Caste or
Scheduled Tribe is selected on his own merit without availing reservation
benefits while competing with others in case of direct recruitment and secures
an appointment, his appointment as such shall be shown against the post left
unreserved and his appointment as such shall not be added to the number of employees
belonging to Scheduled Caste or Scheduled Tribe, as the case may be, and shall
not be taken into consideration for working out the percentage of reservation
meant for the Scheduled Caste or Scheduled Tribe, as the case may be: Explanation.--The
expression "post left un reserved" means the posts which are
indicated as un reserved in the model roster prepared in accordance with the
provisions of section 5". In
section 5 of the principal Act,-- (a)
in sub-section (1), for the words
"number of vacancies", the words "number of posts" shall be
substituted; (b)
in sub-section (2), for the words
"prescribed form" the words "prescribed manner" shall be
substituted; and (c)
in sub-section (3),-- (i)
for the words "reserved vacancies",
the words "posts reserved" shall be substituted; and (ii)
the following proviso shall be inserted
namely:-- "Provided
that no such rosters shall operate after the required percentage of the
reservation is achieved in a particular grade or cadre and the vacancies in the
posts occurring thereafter in that particular grade or cadre, by retirement,
resignation, promotion or otherwise of the persons holding such posts belonging
to the unreserved or reserved category, as the case may be, shall be filled up
in accordance with the provisions of this Act, by appointment of persons
belonging to the respective category so that the prescribed percentage of
reservation in the grade or cadre is maintained". Explanation.--For
removal of doubt, it is hereby declared that where any reserved category person
is appointed to a post on his own merit, on retirement, resignation, promotion
or otherwise of such person, that vacant post shall be filled up by the person
belonging to unreserved category. In the
principal Act, section 6 shall be omitted. In the
principal Act, for section 7, the following section shall be substituted,
namely:-- 7. (1) In case of direct recruitment, if in any recruitment
year, the number of successful candidates belonging to Scheduled Castes and
Scheduled Tribes is less than the number of posts reserved for them or such
candidates are not available even after making special recruitment drive, those
posts are to be left unfilled for a maximum period of three subsequent
recruitment years if candidates belonging to reserved category are not
available during such period and thereafter if such posts still remain
unfilled, those shall be filled up by candidates belonging to unreserved
category after dereserving the vacancies in the prescribed manner: Provided
that the above principle of dereservation shall not be applicable to the posts
belonging to Group D and such Group D posts may remain vacant till those are
filled up by successful reserved category candidates: Provided
further that in case of direct recruitment to the Group A posts, if the
required number of successful candidates belonging to reserved category is less
than the number of posts reserved for them or such candidates are not available
even after making special recruitment drive, such posts shall be filled up by
candidates belonging to unreserved category after dereserving the vacancies in
the prescribed manner. (2) In
case of promotion, if required number of successful candidates belonging to
Scheduled Castes and Scheduled Tribes is not available during selection or if
the number of such candidates is less than the number of posts reserved for
them, the vacancies in such posts shall be filled up by candidates belonging to
unreserved category, after dereserving the same in accordance with the
procedure, as may be prescribed. (3)
The vacancies in the posts filled up by candidates belonging to unreserved
category under sub-section (1) or sub-section (2), as the case may be, after
being dereserved, shall be filled up by respective reserved category candidates
in future when candidates belonging to reserved category are available on
selection". In the
principal Act, section 8 shall be renumbered as sub-section (1) thereof and
after sub-section (1) as so renumbered, the following sub-section shall be
inserted, namely:-- "(2) In case of promotion within Group D, from Group
D to Group C and within Group C, the qualification regarding experience, if
any, may be relaxed upto two years when the required qualification for being
eligible for promotion is five years or more and may be relaxed upto one year
when the required qualification for being eligible for promotion is two years
or more but less than five years". In the
principal Act, in section 9,-- (a)
in sub-section (3), for the words and figures
"Class III and Class IV", the words and letters "Group C and
Group D" shall be substituted; (b)
in sub-section (4), for the words "fresh
recruitment" the words "special recruitment drive" shall be
substituted; and (c)
for sub-section (5), the following
sub-section shall be substituted, namely:-- " (5) if after the special recruitment drive,
candidates belonging to the Scheduled Castes or the Scheduled Tribes are still
not available or if the number of selected candidates is less than the number
of posts reserved for them, the procedure laid down under sub-section (1) of
section 7 shall be followed". In the
principal Act, section 10 shall be omitted. In the
principal Act, in section 11-A for sub-section (2), the following sub-section
shall be substituted, namely:-- "(2) There shall be a separate zone of consideration
for Scheduled Caste and Scheduled Tribe candidates in respect of promotion from
Group D to Group C and within Group C posts and there shall be common zone of
consideration in respect of promotion in other cases". In the
principal Act, in section 14, for the words "Harijan and Tribal Welfare
Department" wherever they occur, the words the "Department looking
after the welfare of Scheduled Castes and Scheduled Tribes in the State"
shall be substituted. In the
principal Act, in section 15, for the words "Minister, Harijan and Tribal
Welfare", the words "Minister, in charge of the Department looking
after the welfare of Scheduled Castes and Scheduled Tribes in the State"
shall be substituted and for the words "Harijan and Tribal Welfare
Department" the words "Department looking after the welfare of
Scheduled Castes and Scheduled Tribes in the State" shall be substituted.THE ODISHA RESERVATION OF VACANCIES IN POSTS AND SERVICES
(FOR SCHEDULED CASTES AND SCHEDULED TRIBES) AMENDMENT ACT, 2013
PREAMBLE