THE ASSAM SCHEDULED CASTES AND SCHEDULED TRIBES (RESERVATION
OF VACANCIES IN SERVICES AND POSTS) RULES, 1983
[THE
ASSAM SCHEDULED CASTES AND SCHEDULED TRIBES (RESERVATION OF VACANCIES IN
SERVICES AND POSTS) RULES, 1983][1]
PREAMBLE
The following rules of the welfare of Plains Tribes
and Backward Classes Department, is hereby published in the official Gazette
for general information and shall come into force with effect from the date of
issue of this notification.
In exercise of the powers conferred by Section 13
of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in
Services and Posts) Act, 1978 (Assam Act XII of 1979), the Governor of Assam is
pleased to make the following rules-
Rule - 1. Short title, commencement and application.
(1) These rules may be
called the Assam Scheduled Castes and Scheduled Tribes (Reservation of
Vacancies in Services and Posts) Rules, 1983.
(2) They shall come into
force with effect from the date of issue of this notification[2].
(3) These rules shall be
applicable to all the establishment as defined in sub-sections (b), (c) and (d)
of Section 2 of the Act, with the following exceptions-
(i) exceptions as
mentioned in Section 3 of the Act; and
(ii) posts as may be
exemped by Government under Section 6 of the Act by issuing notification in the
Assam Gazette.
Rule - 2. Definitions.
(1) In these rules unless
there is anything repugnant in the subject or context-
(a) "Act" means
the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in
Services and Posts) Act, 1978;
(b) "Government"
means the Government of Assam;
(c) "Candidates
belonging to Scheduled Castes and Scheduled Tribes" means the candidates
possessing their favour certificates to that effect issued by the authorities
as mentioned in Rule 3 : Provided that in case of promotion the term would mean
the candidates belonging to Scheduled Castes and Scheduled Tribes who apart
from prossessing the requisite Certificate shall also fall within the zone of
promotion and whose names appear in the list of candidates submitted by the
Department concerned in accordance with the relevant service rules or
instructions of the State Government issued from time to time.
(2) Other terms, as used
in this rules shall have the same meanings as contained in the Act.
Rule - 3.
(1) (a) In case of
Scheduled Castes candidate- Scheduled Castes M.L.As. and Scheduled Castes M.Ps.
and Members of the Advisory Council for Welfare of Scheduled Castes are
authorised to issue Caste Certificate within the jurisdiction of the district
which they represent and the Chairman of the Subdivisional Scheduled Castes
Development Boards within the jurisdiction of the Sub-divisions concerned, and
the President and vice-President of the Asom Anusuchit Jati Parishad and the
Presidents of different Districts and Subdivisions of the Asom Anusuchit Jati
Parishad are authorised to issue Caste Certificate within the Jurisdiction of
the District Subdivisions concerned;
(b)
In case of Scheduled Tribes candidate- Scheduled Tribes ML.As., Scheduled
Tribes M.Ps. and Members of the Advisory Council for the Welfare of Scheduled
Tribes, Presidents and Vice-Presidents of the All Assam Tribal Sangha and
District Units of the All Assam Tribal Sangha and the Chairman of the
Integrated Tribes Development Project Implementation Committees and the
Subdivisional Tribal Development Boards are authorised to issue Caste
Certificates. Also the Presidents of the Districts Tribal Sangha and the
Chairman of the Integrated Tribal Development Project Implementation Committees
and the Subdivisional Tribal Development Boards are authorised to issue Caste
Certificates within the Jurisdiction of the Subdivisions concerned the
Scheduled Tribes M.L.As. and M.Ps, are similarly authorised to issue
Certificates within the jurisdiction of their respective Districts. The
President and Vice-Presidents of the. All Assam Tribal Sangha are authorised to
issue Caste Certificates in respect of the entire State.
(2) (a) The Certificate
so issued except by M.L.As. and M.Ps. shall be countersigned by the Deputy
Commissioner, or the Subdivisional Officer of the concerned Districts/
Subdivision of which the candidate is a resident;
["(b)
The Project Director, ITDP and Sub-Divisional Welfare Officer are also
authorised to sign the Caste Certificate appended to the scholarship application
form for Pre-Matric scholarship only within their respective jurisdiction. Such
certificate is not required to be signed or countersigned by the Deputy
Commissioner or the Sub-Divisional Officer as the case may be.
The
Project Director, ITDP and Sub-divisional Welfare Officer are also authorised
to countersigned such Certificate appended to the application form for
Pre-Matrictscholarship when it is issued by an authority other than the Deputy
Commissioner/Sub-divisional Officer/M.P. or MLA."]
(3) The Certificate, as
mentioned harein above, shall be in the form as in Appendix-I.
Rule - 4. Direct recruitment through APSC or selection committee Board.
While
filling up vacancies by direct recruitment on the basis of recommendation of
the Assam Public Service Commission or the Selection Committee/Board as the
case may be, the following procedure shall be followed
(1) While making a
request to the Assam Public Service Commission or to the Selection
Committee/Board for recommending candidates for direct recruitment, the
Appointing Authority shall also furnish the information about the reservation
in favour of candidates belonging to Scheduled Castes and Scheduled Tribes
(Hills) and Scheduled Tribes (Plains);
(2) The Assam Public
Service Commission or the Selection Committee/Board, as the case may be shall
furnish its recommendation about such number of candidate as provided in the
respective service rules. In case, however, where there is no service rule, the
Assam Public Service Commission or the Selection Committee/Board, as the case
may be, shall recommend such number of candidates as are equal to double the
number of vacancies, in order of preference for the appointment;
(3) The Assam Public
Service Commission or the Selection Committee/Board shall furnish to the
Appointing Authority, separate lists of candidates recommended by it, namely,
one in respect of Scheduled Castes, Scheduled Tribes (Hills), Scheduled Tribes
(Plains) and another for others for the appointment against the vacancies shown
as reserved for the candidates belonging to Scheduled Castes, Scheduled Tribes
(Hills), Scheduled Tribes (Plains) and against the unreserved vacancies,
separate combined list in order of preference shall also be furnished by the
Assam Public Service Commission or the Selection Committee/Board, as the case
may be;
(4) The Appointing
Authority shall make the appointments in accordance with the roster indicated
in Clause (i) of the Scheduled to the Act. In filling up the reserved vacancies
as shown in the said roster, candidates belonging to Scheduled Castes and
Scheduled Tribes (Hills) and Scheduled Tribes (Plains), securing positions
below the specified number of vacancies shall be appointed in order of
preference as shown in the list;
(5) The seniority of the
candidates so appointed shall be determined in order of preference shown in the
combined list furnished by the Assam Public Service Commission or by the
Selection Committee/Board;
(6) In case of
non-availability of adequate number of candidates belonging to Scheduled Castes
and Scheduled Tribes (Hills) and Scheduled Tribes (Plains) for the appointment
to fill up all the reserved vacancies, the Appointing Authority shall arrange
to re-advertise for such class of candidates only to fillup the unfilled
reserved vacancies. If in the Second advertisement also Scheduled Castes,
Scheduled Tribes (Hills) and Scheduled Tribes (Plains) are not available for
the appointment to fillup all the reserved vacancies, the Appointing Authority
with the prior concurrence of the Department for the Welfare of Plains Tribes
and Backward Classes shall issue orders dereserving the vacancies giving due
explanation for the dereservation, if it considers that the reserved vacancies
cannot be left unfilled in the public interest. The reserved vacancies so
dereserved shall then be filled up by appointing other candidates in order of
preference as indicated in the list;
(7) Any vacancy
dereserved in accordance with the procedure laid down in sub-rule (6) above
shall be filled up by general candidate, but the reservation shall be carried
forward to the subsequent cases of appointments, till the reservation quota is
filled up by appointing Scheduled Castes or Scheduled Tribes (Hills) and
Scheduled Tribes (Plains) candidates, in whose favour the reservation stood in
the roster.
(8) ["Deleted ].
Rule - 5. Promotion by selection- While filling up vacancies by promotion the following procedure shall be followed
(1) The Appointing
Authority while making a request to the Selection Committee/Board for
recommending candidates for promotion, shall communicate to the Selection
Committee/Board the details about the reservation for the Scheduled Castes and
Scheduled Tribes (Hills) and Scheduled Tribes (Plains) and shall also furnish
the details about such number of candidates as are to be furnished in accordance
with the provisions of the respective service rules. In case however, where
there is no service rules for the service in which the promotion is to be made,
the Appointing Authority will furnish the details about the candidates equal to
four times the number of vacancies.
(2) The Selection
Committee/Board will consider the suitability of all the candidates the details
of whom are furnished by the appointing authority and recommend a list of
candidates found suitable for promotion in order of preference, which shall be
the determining factor about the inter se seniority of the candidates after
promotion.
(3) In addition to the
list mentioned in sub-rule (2) above, the Selection Committee shall furnish
separate list of candidates belonging to Scheduled Castes, Scheduled Tribes
(Hills), Scheduled Tribes (Plains) and others, in order of preference for
appointing against the vacancies shown as reserved for Schedules Castes and
Scheduled Tribes (Hills) and Scheduled Tribes (Plains) and against the
unreserved vacancies.
(4) The Appointing
Authority shall consider the list in accordance with the provisions of the
respective service rules and shall also consult the Assam Public Service
Commission where such consultation is necessary, and shall finally approve the
list.
(5) The Appointing
Authority shall thereafter make promotions in accordance with the roster
provided in Clause (1) of the Scheduled to the Act in Order of preference
indicated in the lists.
(6) In case of non
availability of adequate number of candidates belonging to Scheduled Castes and
Scheduled Tribes (Hills) and Scheduled Tribes (Plains) in the list mentioned in
sub-rules (2) and (3) of this rule and if it is considered that the vacancies
reserved for these categories of candidates cannot be left vacant in the interest
of Public Service, the Appointing Authority with prior concurrence of the
Department for the Welfare of Plains Tribes and Backward Classes shall issue
orders dereserving the vacancies giving one explanation for the dereservation,
and shall thereafter fill up the dereserved vacancies by promoting officers
from the list furnished by the Selection Committee/Board and approved by the
Assam Public Service Commission/Appointing Authority in order of preference.
The vacancy so dereserved shall be carried forward till the vacancy is filled
up by a candidate in whose favour the reservation stood in the roster.
(7) [Deleted]
Rule - 6. Maintenance of Registers of the appointment.
Every
Appointing Authority shall maintain the register as mentioned in Section 12(i)
of the Act and also in para (ii) of the Schedule to the Act in respect of every
year begining on the first march and ending on the last day of February in the
next year, in the proforma furnished at Appendix-II separately for direct
recruitment and for promotion.
Rule - 7. Submission of Annual Report.
An
annual report showing the position regarding appointment of candidates
belonging to Scheduled Castes, Scheduled Tribes by direct recruitment and by
promotion shall be submitted by each Administrative Department to Department
for the Welfare of Plains Tribes and Backward Classes in the manner prescribed
below
(1) Tho annual report
shall be for the period from the first day of March to the last day February
next.
(2) As soon after the
first day March every year as possible, every Appointing Authority shall sent
to the respective administrative Department-
(i) a Statement in the
form given in Appendix-III showing the total number of employees in each class
of service indicating the number of employees belonging to the Scheduled Castes
and Scheduled Tribes; and
(ii) a Statement each in
the proforma given in Appendix-IVA and Appendix-IVB, showing the particulars of
appointments made during the year and the number of appointees belonging to
Scheduled Castes and Scheduled Tribes.
(3) The Administrative
Department shall consolidate all the reports submitted by different Appointing
Authority under its administrative control and submit the report as provided in
the substantive clause of this rule.
Rule - 8. Interpretation.
If
any doubt arises in regard to the interpretation of any rule, sub-rule or
clause contained in these rules, the matter shall be referred to the Government
and the interpretation given by the Government shall by final.
[Rule
3(2)]
Form
of Caste Certificate
1.
This is to certify that
Shri/Srimati/Kumari........................ ......................
son/wife/daughter of...................................... in
District/Subdivision............................. of the State
.................... belongs to the ...........................................
Caste/Tribe which is recognised as a Schedule Caste/Schedule Tribe under the
Constitution (Scheduled Castes) Order, 1950, the Constitution (Scheduled
Tribes) Order, 1950 as amended from time to time.
2.
Shri/Shrimati/Kumari.......................................................
and his /her family ordinarily reside(s) in village/Town ..............
............... District/Subdivision of the State.
Place.........................
Date
..........................
Signature
Designation
(with seal of
Officer)
State.............................
|
PHOTOGRAPH (with signature
acress the Photograph) |
|
(Please delete the
words which are not applicable.)
Note - The terms
"Ordinarily resides" used here will have the same meaning as in
Section 20 of the Representation of the Peoples Act, 1950.
Secretary to the
Govt. of Assam,
Department for
Welfare of P.T. & E.C. etc.
(Rule-6)
Register
of appointments by direct recruitment/promotion
1.
Name of the Department :-
2.
Name of the Office :-
3.
Designation of the Appointing Authority :-
4.
No. of posts to be filled up by direct
recruitment/promotion during the year :-
|
Class of Service |
Name of post |
Scale of pay |
Total No. of
posts |
No. of posts
reserved for |
||
|
(1) |
(2) |
(3) |
(4) |
SC(5) |
ST(H) (6) |
ST(P) (7) |
|
No of vacancies
dereserved but originally reserved for |
Total No. of
posts for |
|||||
|
SC |
|
ST(H) |
ST(P) |
SC |
ST(H) |
ST(P) |
|
(8) |
|
(9) |
(10) |
(11) |
(12) |
(13) |
5.
No of vacancies dereservedupto the end of previous year
:-
6.
Total cadre strength in respect of each of posts :-
7.
Appointments again reserved vacancies during the year :-
|
Point of roster |
|
Reserved for |
|
Name of the
candidate appointed and is sub-caste or sub-tribe |
|
|
|
SC |
ST(H) |
ST(P) |
|
|
|
(1) |
(2) |
(3) |
(4) |
|
(5) |
|
Date of
appointment |
Whether the
point of roster is de-reserved and if so the reasons therefore |
Signature of the
Appointing Authority |
|||
|
(6) |
|
(7) |
|
(8) |
|
Note: 1. There
should be separate registers for direct recruitment and for promotion.
2. SC- Scheduled
Caste, ST(H)- Scheduled Tribes (Hills), S.T.(P)-Scheduled Tribes (Plains).
(Rule-7
(2) (i)]
Annual Statement
showing the total number of Government Servant the number of Scheduled Castes
and Scheduled Tribes amongst them as on the last day of February of the
year...............................
|
Name of the
Department : |
|
||||||||
|
Name and address
of the Office : |
|
||||||||
|
|
|||||||||
|
Class |
Permanent
Temporary |
Total number of
employees |
Number of
Scheduled Castes in-dicating Sub-Castes |
Percentage of
scheduled Castes to the total empoyee |
Number of Scheduled
Tribes (Plains) indicating Sub-Tribes |
Percentage of
Scheduled Tribes (Plains) to the total employees. |
Number of
Scheduled Tribes (Hills) indicating Sub-Tribes |
Pecentage of
Scheduled Tribes (Hills) to the total employees. |
|
|
|
|||||||||
|
(1) |
(2) |
|
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
|
|
|||||||||
|
|
Permanent |
|
|||||||
|
Class |
-I |
|
|||||||
|
Temporary |
|
||||||||
|
Permanent |
|
||||||||
|
Class |
-II |
|
|||||||
|
Temporary |
|
||||||||
|
Permanent |
|
||||||||
|
Class |
-III |
|
|||||||
|
Temporary |
|
||||||||
|
Permanent |
|
||||||||
|
Class |
-IV |
|
|||||||
|
Temporary |
|
||||||||
|
|
|||||||||
(Rule-7
(2) (ii)]
Annual Return for
the year 20.......................
|
Name of the
Department :- |
|||||||||||||
|
Name and address
of the Office :- |
|||||||||||||
|
Direct
Recruitment :- |
|
||||||||||||
|
|
|||||||||||||||
|
Class of Post |
Number of vaca-
ncies notified |
Total number of
vacancies filled up |
|
Scheduled Castes |
Scheduled Tribes
(Plains) |
Scheduled Tribes
(Hills) |
|
||||||||
|
Not- ified out
of Col. 2 |
Act- ually
filled up out of Col. 3 |
Carried for-
word to next year |
Lap- sed |
Not- ified out
of Col. 2 |
Act- ually
filled up out of Col. 3 |
Carried for-
word to next year |
Lap- sed |
Not- ified out
of Col. 2 |
Act- ually
filled up out of Col. 3 |
Carried for-
word to next year |
Lap- sed |
Rem- arks |
|||
|
|
|||||||||||||||
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
(12) |
(13) |
(14) |
(15) |
(16) |
|
|
|||||||||||||||
|
Class-I |
|
||||||||||||||
|
Class-II |
|
||||||||||||||
|
Class-Ill |
|
||||||||||||||
|
Class-IV |
|
||||||||||||||
|
|
|||||||||||||||
(Rule-7
(2) (ii)]
Annual Return for
the year..............................
Name of the
Department ...................................
Name and Address
of the Office........................
Direct Recruitment
/ Promotion
|
|
|||||||||
|
Category of post |
Total No. of
vacancy reserved |
Total No. of
vacancy actually filled up |
No. of vacancy
reserved for Scheduled Caste |
No. of vacancy
actually filled up by Scheduled Caste |
No. of vacancy
reserved for Scheduled Tribes (Plains) |
No. of vacancy
actually filled up by Scheduled Tribes (Plains) |
No. of vacancy
reserved for Scheduled Tribes (Hills) |
No. of vacancy
actually filled up by Scheduled Tribes (Hills) |
Remarks Reasons
for short fall if any. |
|
|
|||||||||
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
|
|||||||||
|
From Class |
|
|
|
|
|
|
|
|
|
|
IV to Class III. |
|
|
|
|
|
|
|
|
|
|
Within Class III |
|
|
|
|
|
|
|
|
|
|
From Class III
to Class II |
|
|
|
|
|
|
|
||
|
Within |
|
|
|
|
|
|
|
|
|
|
Class II |
|
|
|
|
|
|
|
|
|
|
From Class II to
Class I |
|
|
|
|
|
|
|
|
|
|
Within Class I |
|
|
|
|
|
|
|
|
|
|
|
|||||||||