TRIPURA SCHEDULED
CASTES AND SCHEDULED TRIBES RESERVATION RULES, 1992[1] In exercise of the powers conferred by Section 17 of the Tripura
Scheduled Castes and Scheduled Tribes Reservation Act, 1991 (Tripura Act No. 05
of 1991) the Governor of Tripura has been pleased to make the following Rules,
namely :- (1)
These Rules may be called [The Tripura
Scheduled Castes and Scheduled Tribes Reservation Rules, 1992][2] (2)
They shall come into force on the date of
their publication in the official Gazette.[3] (1)
In these rules, unless the context otherwise
requires - [4]["(a)
"Act" means "The Tripura Scheduled Castes and Scheduled Tribes Reservation
Act, 1991"] (b)
"Contingent appointment" includes work charged staff, Muster-roll
workers, contingent paid-staff, daily rated and monthly rated staff, except
those required for such casual work e.g. staff for relief work, accident
restoration etc. and also muster-roll workers who are engaged locally on casual
basis on no work no pay according to necessity of work. (c) [5][Director
for Welfare of Scheduled Castes and Other Backward Classes] means the [Director
for Welfare of Scheduled Castes and Other Backward Classes][6] under
the Government of Tripura. (d) [7][Director
for Welfare of Scheduled Tribes] means the [Director for Welfare of Scheduled
Tribes][8] under
the Government of Tripura (e)
"Commission" means the Tripura Public Service Commission. (f)
"Form" means a form appended to these rules. [(g)
"Scrutiny Committee" means a committee constituted by the State
Government for verification of community status and cancellation of community
certificates. (h)
"Sub Committee" means a "Sub Committee" constituted by the
State Government by notification in the official gazette at the Block level or
Nagar Panchayat level or Municipal level for the purpose of verification of
community status of a person who applies for grant of a Scheduled Caste
certificate, and in case of Scheduled Tribe certificate,
"Sub-Committee" means a "Sub-Committee" constituted at the
Sub-Divisional Level by notification in the official gazette. (i)
"Vigilance Cell" means a "Vigilance Cell" attached to the
Directorate of Vigilance for the purpose of verification of claims to belong to
Scheduled Castes or Scheduled Tribes. (j)
"Member-Secretary" means "Member-Secretary" of the Scrutiny
Committee.][9] (2)
Other terms used in these rules, but not
defined shall have the same meaning as assigned to them by the Act. The claim that one
belongs to Scheduled Caste or Scheduled Tribe shall be proved by a caste or
Tribe certificate issued by the competent authority in Form-1. The
[Sub-Divisional Magistrate][10] of
the area where an applicant ordinarily resides will be the competent authority
to issue a Scheduled Caste or Scheduled Tribe certificate. (1)
An appointing authority shall verify the
caste status of every Scheduled Caste or Scheduled Tribe candidate both at the
time of initial appointment and again at the time of promotion to ensure that
the Caste which a candidate belongs to has not been de-scheduled after his
initial appointment or the candidate has not otherwise become disentitled to
the benefits and concessions given to the Scheduled Castes and Scheduled
Tribes. (2)
An appointing authority or any other
authority who is supposed to accept one's claim to belong to Scheduled Caste or
to Scheduled Tribes, if it so considers for any reason to verify the claim of a
Scheduled Caste or Scheduled Tribe candidate, may do it through the [Director
for Welfare of][11] Scheduled
Castes/Scheduled Tribes as the case may be. [(3)
& (4)][12] (Deleted) (1)
A Scheduled Caste certificate or a Scheduled
Tribe certificate shall be issued by the[Sub-Divisional Magistrate][13] of
the Sub-Division where the applicant ordinarily resides according to the
following procedures :- [(a)
An application for issuance of a community certificate shall be submitted in
the prescribed proforma before seeking admission to any educational institution
or an appointment to a post or for any other purpose. On receipt of such
application for a Scheduled Caste or Scheduled Tribe certificate the
Sub-Divisional Magistrate shall cause a local enquiry through his
administrative agency to ascertain if the applicant actually belongs to
Scheduled Caste or Scheduled Tribe as the case may be.][14] (b)
On getting the enquiry report as stated
under sub-rule(a) the [Sub-Divisional Magistrate][15] shall
send the application along with the enquiry report to the [Block level or Nagar
Panchayat Level or Municipal Level Scheduled Castes Welfare Sub-Committee or
Sub-Divisional Level Scheduled Tribes Welfare Sub-Committee][16] if
any, constituted by the Government for their opinion as to whether the
applicant actually belongs to the Scheduled Caste or Scheduled Tribe. (c)
On getting the opinion of the Scheduled
Castes Welfare Sub-Committee or Scheduled Tribes Welfare Sub Committee as the
case may be regarding the caste status of the applicant the concerned
[Sub-Divisional Magistrate][17] will
verify if the local enquiry report submitted by his subordinate officer and the
opinion of the Scheduled Castes Welfare Sub Committee or the Scheduled Tribes
Welfare Sub-Committee concerned are of similar nature for granting a Scheduled
Caste certificate or a Scheduled Tribe certificate to an applicant. (d)
If the [Sub-Divisional Magistrate][18] is
satisfied from the local enquiry report and the opinion of the Scheduled Castes
Welfare or Scheduled Tribes Welfare Sub-Committee that the applicant belongs to
the Scheduled Caste or Scheduled Tribe as the case may be, he may issue a
Scheduled Caste certificate or a Scheduled Tribe certificate to the applicant
concerned. (e)
But if the [Sub-Divisional Magistrate][19] finds
that the local enquiry report and the opinion of the Scheduled Castes Welfare
or Scheduled Tribes Welfare Sub-Committee are different in nature and it is
difficult to arrive at definite conclusion regarding the actual caste identity
of the applicant concerned he will refer the case along with the local enquiry
report and opinion of the Sub-Committee through the District Magistrate and
Collector concerned to the [Director for Welfare of Scheduled Castes and Other
Backward Classes][20] in
case of Scheduled Caste certificates and to the [Director for Welfare of
Scheduled Tribes][21] in
case of Scheduled Tribe certificates for their decision. [(f)
When any case is referred to the
Director for Welfare of Scheduled Castes and Other Backward Classes or the
Director for Welfare of Scheduled Tribes for a decision whether a community
certificate should be issued or not, the Director concerned shall cause a
thorough enquiry into the matter through the Vigilance Cell. The Director for
Welfare of Scheduled Castes and Other Backward Classes or the Director for
Welfare of Scheduled Tribes as the case may be, will place the vigilance
enquiry report, local enquiry report of the Sub-Divisional Magistrate and
opinion of the Sub-Committee concerned before the Scrutiny Committee for a
decision. The Committee will examine the Vigilance report and other
reports/records sent by the Sub-Divisional Magistrate and take a decision
whether a Caste or a Tribe certificate shall be issued or not. However, before
taking a final decision, the Scrutiny Committee shall give the applicant a
reasonable opportunity of being heard. The decision of the Scrutiny Committee
shall be final and communicated to the concerned Sub-Divisional Magistrate][22] (g)
The Sub-Divisional Magistrate shall act
on the decision of the [Scrutiny Committee as communicated by the][23] [Director
for Welfare of Scheduled Castes and Other Backward Classes][24] or
Scheduled Tribes. (2)
(a) A competent authority, if satisfied, may
issue a [Community][25] certificate
to an applicant who has migrated to Tripura from another State on production of
the genuine community certificate issued to his father by the prescribed
authority of the State of his father's origin. If the competent authority feels
that before issuing such a community certificate a detailed enquiry is
necessary through the applicant's State of origin, he may do so. (b) The certificate
under clause(a) may be issued irrespective of whether the Caste/Tribe in
question is included in the list of Scheduled Castes or Scheduled Tribes of
Tripura or not. (c) When a
[community certificate][26] under
clause (a) of sub-rule (2) is issued the competent authority shall indicate in
a note below the certificate in block letters that "THIS COMMUNITY
CERTIFICATE HOLDER IS A MIGRANT TO TRIPURA". (d) A community
certificate holder who has migrated to Tripura from his State of origin for the
purpose of seeking education, employment etc. will be deemed to be Scheduled
Caste/Tribe of the State of his origin and will be entitled to derive benefits
from the State of his origin and not from Tripura. [An authority who
issued a Scheduled Caste Certificate or Scheduled Tribe certificate to any one
may, at a subsequent stage cancel it, if after an enquiry and after giving the
party concerned an opportunity of being heard, it finds that the person to whom
the Community Certificate was issued does not actually belong to the Scheduled
Caste or the Scheduled Tribe, as the case may be. Provided that in
cancelling a Scheduled Caste Certificate, the issuing authority shall obtain
the views of the concerned Block Level or Nagar Panchayat Level or Municipal
Level Scheduled Castes Welfare Sub-Committee and in cancelling a Scheduled
Tribe certificate, the issuing authority shall obtain the views of the
Sub-Divisional Level Scheduled Tribes Welfare Sub-Committee, if any,
constituted by the Government, as to whether the certificate holder belongs to
Scheduled Caste or Scheduled Tribe and the views so given by the Scheduled
Castes Welfare or Scheduled Tribes Welfare Sub-Committee shall form a part of the
order cancelling the certificate in question. Provided further
that the Scrutiny Committee shall also be competent to cancel a community
certificate issued by a competent authority. For arriving at a decision whether
the community certificate in question shall be cancelled or not, the Scrutiny
Committee shall follow the procedure prescribed in Rule 7A hereinafter along
with reports/records obtained from the competent authority.][27] (1)
Notwithstanding anything contained in any
other service rules, regulation or orders in force in constituting a Selection
Committee/Selection Board/Departmental Promotion Committee or any other
agency/forum by whatever name it goes, for direct recruitment or promotion to
any post or service the [Director for Welfare of Scheduled Castes and Other
Backward Classes]6 and the [Director for Welfare of Scheduled Tribes][28] or
their representatives shall be associated as permanent members of the Selection
Committee/Selection Board/Departmental Promotion Committee etc. (2)
The [Director for Welfare of Scheduled Castes
and Other Backward Classes][29] and
the [Director for Welfare of Scheduled Tribes][30] may
authorise officers of their Directorates to represent them on the Selection
Committee/Selection Board/Departmental Promotion Committee etc. as mentioned
under Sub-rule (1) if the Director is unable to attend. (3)
With respect to [….][31] reservation,
the opinion of the [Department for Welfare of Scheduled Castes, Other Backward
Classes and Minorities][32] and
[Tribal Welfare Department][33] shall
be final. [(1)
At the State Level there shall be two Scrutiny Committees as follows - (a)
For verification of community status of
Scheduled Caste Certificate holders, the Scrutiny Committee shall consist of :- (i)
The Secretary-in-charge of Department for
Welfare of Scheduled Castes, Other Backward Classes and Minorities - Chairman. (ii)
The Director for Welfare of Scheduled Castes
and Other Backward Classes- Member-Secretary (iii)
Joint Secretary or Deputy Secretary of the
Law Department]2 - Member [(iv)
Additional Director or Joint Director or Deputy Director for Welfare of
Scheduled Castes & Other Backward Classes - Member (b)
For verification of community status of
Scheduled Tribe certificate holders, the Scrutiny Committee shall consist of:- (i)
The Secretary-in-charge of the Tribal Welfare
Department – Chairman (ii)
The Director for Welfare of Scheduled Tribes
- Member-Secretary (iii)
The Director, Tribal Research Institute –
Member (iv)
Joint Secretary or Deputy Secretary of the
Law Department][34] -
Member [(2)
Director of Vigilance shall constitute a vigilance cell consisting of Senior
Deputy Superintendent of Police in over-all charge and such number of Police
Inspectors and Sub-Inspectors to investigate into the community status and
claims as may be required. (3)
The Investigating Officer would go to
the local place of residence and original place from which the candidate hails
and usually resides or in case of migration to the town or city, the place from
which he originally hailed. He should personally verify and collect all the
facts of the social status claimed by the certificate holder or the parent or
guardian, as the case may be. He should also examine the school records, birth
registration, if any. He should also examine the parent, guardian or the certificate
holder in relation to their caste etc. or such other persons who have knowledge
of the community status of the certificate holder and submit a report to the
Director of Vigilance who will verify the correctness of the report and
transmit it to the Member-Secretary of the Scrutiny Committee concerned
together with all particulars as envisaged in the proforma, in particular, of
the Scheduled Tribes relating to their peculiar anthropological and
ethnological traits, deity, rituals, customs, mode of marriage, death
ceremonies, method of burial of dead bodies etc. by the castes or tribes or
tribal communities concerned etc. (4)
The Member-Secretary of the Scrutiny
Committee concerned, on receipt of the report from the Director of Vigilance if
finds the claim for community status is not genuine or doubtful or
spurious or falsely or wrongly claimed, the Member-Secretary concerned shall
issue show-cause notice supplying a copy of the report of the vigilance officer
to the community certificate holder by a registered post with acknowledgement
due or through the head of the institution or office concerned in which the
certificate holder is studying or employed. The notice should indicate that the
representation or reply, if any, would be made within two weeks from the date
of the receipt of the notice and in no case, on request, not more than 30 days
from the date of receipt of the notice. In case, the certificate holder seeks
an opportunity of hearing and claims an inquiry to be made in that behalf, the
Member-Secretary on receipt of such representation or reply shall convene the
meeting of the committee and the Chairperson of the Committee shall give a
reasonable opportunity to the certificate holder and in case the certificate
holder is a minor to the parent or guardian to adduce all evidences in support
of his claim. A public notice by beat of drum or any other convenient mode may
also be published in the village or locality and if any person or association
opposes such a claim, an opportunity to adduce evidence may also be given to
him or it. After giving such opportunity in person or through counsel, the
Committee may make such inquiry as it deems expedient and consider the claims
vis-a-vis the objections raised by the certificate holder or opponent and pass
an appropriate order with brief reasons in support thereof. Provided that in
case a certificate holder engages a legal practitioner to represent his case
before the Scrutiny Committee, the Director for Welfare of Scheduled Castes and
Other Backward Classes or the Director for Welfare of Scheduled Tribes as the
case may be, may engage a lawyer. Provided further
that before passing a final order, the Committee shall also take into
consideration the local enquiry report of the Sub-Divisional Magistrate and
opinion of the Sub-Committee concerned. (5)
In case the report is in favour of the
certificate holder and found to be genuine and true, no further action need be
taken except where the report or the particulars given are procured or found to
be false or fraudulently obtained and in the latter event the same procedure as
is envisaged in sub-rule (4) shall be followed. (6)
The inquiry should be completed as
expeditiously as possible preferably by day-to-day proceedings within such
period not exceeding two months. If after inquiry, the Caste Scrutiny Committee
finds the claim to be false or spurious, the Committee shall pass an order
cancelling the][35] [certificate
issued and confiscate the same. The Committee shall communicate within one
month from the date of the conclusion of the proceedings the result of enquiry
to the certificate holder and in case the certificate holder is a minor to his
parent or guardian. (7)
In case of any delay in finalising the
proceedings, and in the meanwhile the last date for admission into an
educational institution or appointment to an office or post is getting expired,
the certificate holder be admitted by the Principal or such other authority
competent in that behalf or appointed on the basis of the community status
certificate already issued, on an affidavit duly sworn by the parent or
guardian or certificate holder before the competent officer or non-official and
such admission or appointment should be only provisional, subject to the result
of the inquiry by the Scrutiny Committee. (8)
In case, the certificate obtained or
community status claimed is found to be false, the parent or guardian or
certificate holder as the case may be, shall be prosecuted for making the false
claim. If the prosecution ends in a conviction and sentence of the accused, it
shall be regarded as an offence involving moral turpitude, a disqualification
for elective posts. (9)
As soon as the findings is recorded by
the Scrutiny Committee holding that the certificate obtained was false and the
certificate is cancelled and confiscated, it shall be communicated to the head
of the Educational institution concerned or the appointing authority by
registered post with acknowledgement due with a request to cancel the admission
or the appointment. The head of the educational institution responsible for
making the admission or the appointing authority, shall cancel the admission or
appointment as the case may be without any further notice to the certificate
holder and debar him from further study or continue in office in a post][36] (1)
While making a request to the Commission or
to the Selection Committee/Selection Board for recommending candidates for
direct recruitment the appointing authority shall also furnish information
about the reservation in favour of candidates belonging to the Scheduled Castes
and the Scheduled Tribes. The information should be based on the inspection
report of 100 point Roster showing position up to the year in which recruitment
is proposed in respect of the concerned post or service as may be
furnished jointly by the [Director for Welfare of Scheduled Castes and Other
Backward Classes][37] and
the [Director for Welfare of Scheduled Tribes][38] or
their representatives. The inspection report is to be furnished in Form - 2. (2)
The inspection report shall form a part of
the records of minutes/proceedings of Commission/Selection Committee/Selection
Board/Departmental Promotion Committee. (3)
[deleted][39] (4)
The Commission or the Selection
Committee/Selection Board etc. as the case may be, shall furnish its
recommendations about such number of candidates as provided in the respective
service rules [……][40] (5)
The Commission or the Selection
Committee/Selection Board etc. shall also furnish to the appointing authority
separate lists of candidates recommended by it, namely one in respect of
Scheduled Castes, one in respect of Scheduled Tribes and the other in respect
of general candidates. A separate combined list of all categories of candidates
in order of their merit/preference shall also be furnished by the Commission or
the Selection Committee/Selection Board etc. as the case may be. Provided that a
Scheduled Caste or Scheduled Tribe candidate who occupies on merit [or
seniority or seniority-cum-fitness etc.][41] an
unreserved point of the 100-Point Roster in the combined list shall not be
shown against any reserved point. [Provided further
that at the time of recommending candidates for appointment to any post, the
names against unreserved (vacant posts)[42] shall
first be recommended in order of their merit or seniority or
seniority-cum-fitness etc., as the case may be, and then the names against
reserved vacant posts shall be recommended.][43] (6)
The appointing authority shall then proceed
to make appointment in accordance with the roster shown in the Schedule to the
Act. (7)
The seniority list of the candidates so
appointed shall be determined in order of their merit/preference as shown in
the combined list furnished by the Commission or by the Selection
Committee/Selection Board etc. (8)
(a) If it is found that the required number
of Scheduled Castes candidates or Scheduled Tribe candidates for filling up
reserved [vacant posts][44] are
not available the appointing authority may initiate a proposal for filling up
the reserved vacant posts by exchange method, i.e. for filling up the vacant
posts reserved for Scheduled Tribe candidates, by available Scheduled Caste
candidates or for filling up the vacant posts reserved for Scheduled Caste
candidates, by available Scheduled Tribe candidates. He shall send the proposal
to the [Department for Welfare of Scheduled Castes, Other Backward Classes and
Minorities][45] and
to Tribal Welfare Department for their concurrence. When concurrence is
received the appointing authority will make appointment subject to the
condition that the [vacant posts][46] will
be carried forward. (b) If candidate
belonging to Scheduled Castes or Scheduled Tribes is not available by exchange method,
then the [vacant post][47] may
be filled up by deputation/transfer according to concerned Recruitment Rules. [Provided that
notwithstanding anything contained in any other rules a reserved [vacant post][48] may
be filled up by deputation/reserved category of officers/employees holding
analogous posts of identical scale of pay and in case of non-availability of
officers/employees holding analogous posts, by deputation of reserved category
of officers/employees holding lower posts equivalent to the feeder posts.][49] (c) If the
required number of candidates are not available even after further attempt
within a recruitment year the reserved [vacant posts][50] shall
be carried forward to the next recruitment year. (9)
(a) If the appointing authority after
observing the procedures of sub-rule (8), considers it necessary to fill up any
reserved vacant post by candidate of unreserved category in the exigencies of
public service he may initiate a proposal for de-reservation of the required
number of reserved [vacant posts.][51] Proposal
for de-reservation of [vacant posts][52] reserved
for Scheduled Caste shall be sent to the [Department for Welfare of Scheduled
Castes, Other Backward Classes and Minorities][53] and
proposal for de-reservation of [vacant posts][54] reserved
for Scheduled Tribes to the Tribal Welfare Department for their concurrence. On
getting the concurrence of the Tribal Welfare Department or [Department for
Welfare of Scheduled Castes, Other Backward Classes and Minorities][55] as
the case may be, the administrative Department concerned will obtain approval
of the Council of Ministers and then issue notification de-reserving [vacant
posts.][56] (b) When a vacancy
against any post or service is de-reserved it shall be carried forward. (c) [Department
for Welfare of Scheduled Castes, Other Backward Classes and Minorities][57]
or Tribal Welfare Department may accord concurrence for de-reservation in
service or post only when it is satisfied that the Department concerned
exhausted all possible efforts including the method of deputation and exchange
of [vacant posts][58] between
Scheduled Castes and Scheduled Tribes candidates, to fill up a reserved [vacant
post.][59] (1)
The appointing authority while making a
request to the Selection Committee/Selection Board/Departmental Promotion
Committee for recommending candidates for promotion shall communicate to the
Selection Committee/Selection Board/Departmental Promotion Committee the
details about reservation for Scheduled Castes and Scheduled Tribes and shall also
furnish details about the number of candidates required against reserved
[vacant posts][60] and
unreserved [vacant posts][61] in
accordance with the provisions of the concerned service rules. Where there is
no rules for the post or service to which promotion is to be made the
appointing authority will furnish the details about the candidates within the
zone of consideration according to normal procedure. The particulars about
reserved [vacant posts][62] available
shall be based on an inspection report of 100-point roster in respect of the
concerned post or service to be furnished jointly by the [Director for Welfare
of Scheduled Castes and Other Backward Classes][63] and
by the [Director for Welfare of Scheduled Tribes][64] as
mentioned in Rule 8(1). (2)
The Selection Committee/Selection
Board/Departmental Promotion Committee will consider the suitability of the
candidates, the details of whom are furnished by the appointing authority
and recommend a combined list of all categories of candidates found
suitable for promotion in order of their merit which shall be the determining
factor about the inter seniority of the candidates after promotion. [Provided that a
Scheduled Caste or Scheduled Tribe candidate who occupies on merit or seniority
or seniority-cum-fitness etc. an unreserved point of the 100 -point roster in
the combined list, shall not be shown against any reserved point.][65] [Provided further
that at the time of recommending candidates for promotion to any post, the
names against unreserved [vacant posts][66] shall
first be recommended in order of their merit or seniority or
seniority-cum-fitness etc., as the case may be, and then the names against
reserved [vacant posts][67] shall
be recommended.][68] (3)
In addition to the combined list mentioned in
Sub-Rule (2) the Selection Committee/Selection Board/Departmental Promotion
Committee shall furnish separate lists of candidates belonging to Scheduled
Castes and Scheduled Tribes and a list of candidates of unreserved category in
order of their merit for promotion against the [vacant posts][69] shown
as reserved or unreserved as the case may be. (4)
The inspection report of the 100 Point Roster
as furnished by the [Director for Welfare of Scheduled Castes and Other
Backward Classes][70] and
the [Director for Welfare of Scheduled Tribes][71] shall
form a part of the record of the minutes/proceedings of the Selection
Committee/Selection Board/Departmental Promotion Committee etc. (5)
The appointing authority shall consider the
recommended list in accordance with the provisions of the respective service
rules and shall, after consultation with the Commission where such consultation
is necessary finally approve the list. (6)
The appointing authority shall thereafter
make promotion in accordance with the 100 Point Roster as shown in the Schedule
to the Act in order of merit/preference as indicated in the list. A Scheduled
Caste or Scheduled Tribe candidate who occupies an unreserved point of the 100
- Point Roster in the combined list of candidates shall not be fitted against
any reserved point. (7)
In case of non-availability of required
number of Scheduled Caste or Scheduled Tribe candidates against the reserved
vacancies, the vacancies shall be carried forward .In such case the appointing
authority may take action under rule 8(8) and 8(9) if considered necessary. Isolated
individual posts and small cadres of the same class/group of service having
[less than four posts][72] and
having the same status, salary and the same minimum qualifications prescribed
for direct recruitment shall be grouped together for the purposes of
reservation. [(1)
In filling up vacant posts by deputation or transfer, the names of
deputationists or transferees shall not be entered into the 100 point roster
till they are permanently absorbed in the posts.][73] (2)
Authorities forwarding names of staff
for appointment to vacant posts to be filled up by deputation or transfer
should also forward names of eligible Scheduled Caste and Scheduled Tribe
candidates. In case of
supersession of Scheduled Caste or Scheduled Tribe candidates in respect of
promotion, the appointing authority, before making any appointment in supersession
of Scheduled Caste or Scheduled Tribe candidates, whether against a reserved
point or unreserved point shall bring the matter to the notice of the
[Department for Welfare of Scheduled Castes, Other Backward Classes and
Minorities][74] in
case of Scheduled Caste candidates and to Tribal Welfare Department in case of
Scheduled Tribe candidates and make appointment after taking into consideration
the views of the [Department for Welfare of Scheduled Castes, Other Backward
Classes and Minorities][75] or
Tribal Welfare Department as the case may be. [(1)
Every appointing authority shall maintain 100-Point Roster in Form-3 as
mentioned in the Schedule to the Act. (2)
In every seniority list the names of Scheduled
Caste and Scheduled Tribe incumbents shall be made identifiable by
"SC" and "ST" marks respectively against their names. (3)
As provided in para-5 of the Schedule
to the Act, separate 100-Point Roster for each category of post or grade shall
be maintained according to the source of recruitment or promotion as specified
in the respective Recruitment Rules. (4)
Separate roster according to source of
recruitment shall mean separate blocks for each source of recruitment in a
roster, for example- if there are 50 posts of Supervisor, Social Welfare and
fifty percent of the posts are to be filled by direct recruitment and the
remaining fifty percent of the posts are to be filled by promotion from two
sources, namely eighty percent from the posts of Jr. SEOs, and twenty percent
from Anganwadi Workers, separate roster shall be as follows:-
(i)
For fifty percent direct recruitment i.e. 25
posts from roster point No.1 to 25.
(ii)
For remaining fifty percent i.e. 25 posts by
promotion - (a)
Eighty percent i.e. 20 posts from the post of
Jr. SEOs from roster point No. 26 to 45. (b)
Twenty percent i.e. 5 posts from the
post of Anganwadi Workers from roster point No. 46 to 50. (5)
Roster shall be maintained for
admission to Educational Institutions, selection of students for higher
studies, in service training or any other kind of training. Provided that in
case of admission to any Educational Institution including
professional/technical education or selection of the candidates for in-service
training or any other kind of training roster shall be verified by the
representative of the Department for Welfare of SCs, OBCs and Minorities and
the Tribal Welfare Department to ascertain the actual number of reserved seats
available prior to such admission or selection. However, the rule of carry
forward shall not apply in case of admission to educational institutions. (6)
In case appropriate category of
Ex-serviceman and Physically handicapped persons are not available in a
recruitment year to fill up the posts reserved for them, the vacant posts would
be carried forward to the next recruitment year. If no suitable candidate is
available in the second recruitment year, the vacant post will again be carried
forward to the third recruitment year. Even, if no candidate is available in the
third year, the post will be filled up by a person of appropriate category.][76] An Annual Report
showing the position regarding appointment of candidates belonging to the
Scheduled Tribes [and the Scheduled Castes][77] against
direct recruitment and promotion shall be submitted by each appointing
authority to the [Director for Welfare of Scheduled Castes and Other Backward
Classes][78] and
the [Director for Welfare of Scheduled Tribes][79] in
the following manner:- (a)
The Annual Report shall be for a period of
one year from the 1st day of April to the 31st day of March next. (b)
The Annual Report shall be submitted
separately for the direct recruitment and promotion, separately for technical
and non-technical posts and separately for each category of posts in Form - 4. [(c)
In case of admission to Educational Institutions, the annual report shall be
submitted Class-wise/Stream-wise/Branch-wise in Form 5, as soon as admission
process is over. Similar report shall be submitted for selection of candidate
for in-service training or any other kind of training.][80] [(1)
Every appointing authority [or the Educational Institutions as the case may
be,][81] in
consultation with the [Department for Welfare of Scheduled Castes, Other
Backward Classes and Minorities][82] and
the [Tribal Welfare Department,][83] shall
appoint one responsible officer, if possible from Group-A category and
preferably from one belonging to Scheduled Caste or Scheduled Tribe to look
after the matter relating to reservation for Scheduled Castes and Scheduled
Tribes. The Officer so appointed shall be called "Liaison Officer". (2)
The appointing authority shall obtain
the views of the Liaison Officer in each case of appointment/promotion to any
post or service and all other matters relating to reservation for Scheduled
Castes and Scheduled Tribes.][84] [(a)
to ensure that reservation for Scheduled Castes and Scheduled Tribes in
services and posts as per provisions of the Act, these rules and other
orders/instructions etc. issued by the State Government from time to time in
this regard, is strictly followed. (b)
to scrutinise properly all proposals
for de-reservation and to certify after due satisfaction that such
de-reservation is inevitable and that all steps to fill up the post(s) by
reserved category of candidates have been taken.][85] (c)
to liaise between the Administrative
Department and the [Department for Welfare of Scheduled Castes, Other Backward
Classes and Minorities][86] and
the [Tribal Welfare Department][87] for
transmission of required information. (d)
to ensure prompt submission of annual
statements to the [Department for Welfare of Scheduled Castes, Other Backward
Classes and Minorities][88] and
the [Tribal Welfare Department.][89] (e)
To exercise proper supervision over the
maintenance of 100 point roster, to carry out inspections from time to time
either of his own initiative or on instructions from the [Department for
Welfare of Scheduled Castes, Other Backward Classes and Minorities][90] and
the [Tribal Welfare Department.][91] [(f)
to bring promptly to the notice of the
appointing authority, the Director for Welfare of Scheduled Castes, OBCs and
the Director for Welfare of Scheduled Tribes, cases of negligence or lapses
which may come to light on inspection of the 100 point roster carried out by
the Liaison Officer himself or by the representative of the [Department for
Welfare of Scheduled Castes, Other Backward Classes & Minorities][92] and
the [Tribal Welfare Department][93] and
to take prompt follow up action thereon. (g)
to extend necessary assistance to the
[Department for Welfare of Scheduled Castes, Other Backward Classes and
Minorities][94] and
the [Tribal Welfare Department][95] in
discharge of their duties and functions. (h)
to ensure prompt disposal of
representation submitted by Scheduled Caste/Scheduled Tribe employees/Officers. (i)
to ensure, in consultation with the
[Department for Welfare of Scheduled Castes, Other Backward Classes and
Minorities][96] and
the [Tribal Welfare Department][97],
submission of prompt reply in respect of Court cases touching reservation for
Scheduled Castes and Scheduled Tribes.][98] (1)
The Government in the [Department for Welfare
of Scheduled Castes, Other Backward Classes and Minorities][99] or
in the [Tribal Welfare Department][100],
as the case may be, may at any time call for any record or information relating
to reservation for Scheduled Castes and Scheduled Tribes for inspection or
cause an inspection of the same by an officer not below the rank of Deputy
Director authorised in that behalf as provided under [Section 7 of the Act.][101] and
may take such decision or issue such order as it may deem fit and proper. (2)
An appointing authority may also request the
Director for Welfare of Scheduled Castes and Other Backward Classes and the
Director for Welfare of Scheduled Tribes for inspection of 100 Point Roster or
Rosters as provided [under rules 8(1)][102] and
9(1) of these rules. On such request the Director for Welfare of Scheduled
Castes and Other Backward Classes and the Director for Welfare of Scheduled
Tribes will arrange a joint inspection of the 100-Point Roster by
authorising their representatives not below the rank of Deputy Director. [(3)
on the basis of inspection of records, the State Government may, if so
required, issue directions/guidelines to the concerned authority for meeting
the requirement of the provisions of the Act and these Rules.][103] [For the purpose
of administering the Act and the Rules Government will mean the Government in
the Department for Welfare of Scheduled Castes, Other Backward Classes and
Minorities in respect of reservation for Scheduled Castes in services and posts
and the Government in the Tribal Welfare Department in respect of reservation
for Scheduled Tribes in services and posts.][104] [(1)
On the commencement of these rules, every order, notification, memorandum,
office memorandum etc. (hereinafter referred to in this rule as the old order)
in force immediately before such commencement shall in so far it provides for
any of the matters contained in these rules cease to operate. (2)
Notwithstanding such ceaser of
operation, anything done or any action taken under the old order, shall be
deemed to have been done or taken under the corresponding provisions of these
rules.][105] [If any doubt
arises in regard to interpretation of any of the provisions of these Rules the
matter shall be referred to the Government in the [Department for Welfare of
Scheduled Castes, Other Backward Classes and Minorities][106] or
[Tribal Welfare Department][107],
as the case may be, and the interpretation given by the Department for Welfare
of Scheduled Castes, Other Backward Classes and Minorities or Tribal Welfare
Department shall be final.][108] Deleted][109] Deleted][110] Deleted][111] Deleted][112] Deleted][113] Deleted][114] Deleted][115] Deleted][116] Deleted][117] Deleted][118] [1] Substituted by 'The Tripura Scheduled Castes and Scheduled
Tribes (Reservation of Vacancies in Services and Posts) (2nd Amendment) Rules,
2007 hereinafter shortly called "the 2nd Amendment Rules, 2007" which
came into force on and from 2nd April, 2007 [2] Substituted by 'The Tripura Scheduled Castes and Scheduled
Tribes (Reservation of Vacancies in Services and Posts) (2nd Amendment) Rules,
2007 hereinafter shortly called "the 2nd Amendment Rules, 2007" which
came into force on and from 2nd April, 2007 [3] The Tripura Scheduled Cates and Scheduled Tribes
(Reservation of Vacancies in Services and Posts) Rules, 1992 came into force on
and from 2nd October, 1992. [4] Substituted by the Second Amendment Rules, 2007. [5] Substituted by the first Amendment Rules, 2000 which came
into force from 18th October, 2000. [6] Substituted by the first Amendment Rules, 2000 which came
into force from 18th October, 2000. [7] Substituted by the Second Amendment Rules, 2007. [8] Substituted by the Second Amendment Rules, 2007. [9] Inserted by the Second Amendment Rules, 2007 [10] Substituted by the Second Amendment Rules, 2007. [11] Substituted by the Second Amendment Rules, 2007. [12] Deleted by the Second Amendment Rules, 2007. [13] Substituted by the Second Amendment Rules, 2007. [14] Substituted by the Second Amendment Rules, 2007. [15] Substituted by the Second Amendment Rules, 2007. [16] Inserted by the Second Amendment Rules, 2007 [17] Substituted by the Second Amendment Rules, 2007. [18] Substituted by the Second Amendment Rules, 2007. [19] Substituted by the Second Amendment Rules, 2007. [20] Substituted by the Second Amendment Rules, 2007. [21] Substituted by the Second Amendment Rules, 2007. [22] Substituted by the Second Amendment Rules, 2007. [23] Inserted by the Second Amendment Rules, 2007 [24] Substituted by the Second Amendment Rules, 2007. [25] Inserted by the Second Amendment Rules, 2007 [26] Substituted by the Second Amendment Rules, 2007. [27] Substituted by the Second Amendment Rules, 2007. [28] Substituted by the Second Amendment Rules, 2007. [29] Substituted by the First Amendment Rules, 2000. [30] Substituted by the Second Amendment Rules, 2007. [31] Omitted the word "this" by the First Amendment
Rules, 2000. [32] Substituted by the First Amendment Rules, 2000. [33] Substituted by the Second Amendment Rules, 2007. [34] Substituted by the Second Amendment Rules, 2007. [35] Inserted by the Second Amendment Rules, 2007 [36] Inserted by the Second Amendment Rules, 2007 [37] Substituted by the First Amendment Rules, 2000. [38] Substituted by the
Second Amendment Rules, 2007. [39] Deleted by the Second Amendment Rules, 2007. [40] Deleted by the Second Amendment Rules, 2007. [41] Inserted by the First Amendment Rules, 2000 [42] Substituted by the Second Amendment Rules, 2007. [43] Inserted by the First Amendment Rules, 2000 [44] Substituted by the Second Amendment Rules, 2007. [45] Substituted by the First Amendment Rules, 2000. [46] Substituted by the Second Amendment Rules, 2007. [47] Substituted by the Second Amendment Rules, 2007. [48] Substituted by the Second Amendment Rules, 2007. [49] Inserted by the First Amendment Rules, 2000 [50] Substituted by the Second Amendment Rules, 2007. [51] Substituted by the Second Amendment Rules, 2007. [52] Substituted by the Second Amendment Rules, 2007. [53] Substituted by the First Amendment Rules, 2000. [54] Substituted by the Second Amendment Rules, 2007. [55] Substituted by the First Amendment Rules, 2000. [56] Substituted by the Second Amendment Rules, 2007. [57] Substituted by the Second Amendment Rules, 2007. [58] Substituted by the Second Amendment Rules, 2007. [59] Substituted by the Second Amendment Rules, 2007. [60] Substituted by the Second Amendment Rules, 2007. [61] Substituted by the Second Amendment Rules, 2007. [62] Substituted by the Second Amendment Rules, 2007. [63] Substituted by the First Amendment Rules, 2000. [64] Substituted by the First Amendment Rules, 2000. [65] Inserted by the First Amendment Rules, 2000 [66] Substituted by the Second Amendment Rules, 2007. [67] Substituted by the Second Amendment Rules, 2007. [68] Inserted by the First Amendment Rules, 2000 [69] Substituted by the Second Amendment Rules, 2007. [70] Substituted by the First Amendment Rules, 2000. [71] Substituted by the First Amendment Rules, 2000. [72] Substituted by the Second Amendment Rules, 2007. [73] Substituted by the First Amendment Rules, 2000. [74] Substituted by the First Amendment Rules, 2000. [75] Substituted by the First Amendment Rules, 2000. [76] Substituted by the Second Amendment Rules, 2007. [77] Inserted by the First Amendment Rules, 2000 [78] Inserted by the First Amendment Rules, 2000 [79] Inserted by the First Amendment Rules, 2000 [80] Inserted by the Second Amendment Rules, 2007 [81] Inserted by the Second Amendment Rules, 2007 [82] Substituted by the First Amendment Rules, 2000. [83] Substituted by the Second Amendment Rules, 2007. [84] Inserted by the First Amendment Rules, 2000 [85] Inserted by the First Amendment Rules, 2000 [86] Substituted by the First Amendment Rules, 2000. [87] Substituted by the Second Amendment Rules, 2007. [88] Substituted by the First Amendment Rules, 2000. [89] Substituted by the Second Amendment Rules, 2007. [90] Substituted by the First Amendment Rules, 2000. [91] Substituted by the Second Amendment Rules, 2007. [92] Substituted by the First Amendment Rules, 2000. [93] Substituted by the Second Amendment Rules, 2007. [94] Substituted by the First Amendment Rules, 2000. [95] Substituted by the Second Amendment Rules, 2007. [96] Substituted by the First Amendment Rules, 2000. [97] Substituted by the Second Amendment Rules, 2007. [98] Inserted by the First Amendment Rules, 2000 [99] Substituted by the First Amendment Rules, 2000. [100] Substituted by the Second Amendment Rules, 2007. [101] Substituted by the Second Amendment Rules, 2007. [102] Substituted by the Second Amendment Rules, 2007. [103] Inserted by the First Amendment Rules, 2000 [104] Rule -17 substituted by Rule-18 and renumbered as Rule-17
by the Second Amendment Rules, 2007 [105] Rule -18 substituted by Rule 29 and renumbered as Rule-18
by the Second Amendment Rule, 2007 [106] Substituted by the First Amendment Rules, 2000. [107] Substituted by the Second Amendment Rules, 2007. [108] Rule 19 substituted by Rule 30 and renumbered as Rule 19
by the Second Amendment Rules, 2007 [109] Deleted by the Second Amendment Rules, 2007. [110] Deleted by the Second Amendment Rules, 2007. [111] Deleted by the Second Amendment Rules, 2007. [112] Deleted by the Second Amendment Rules, 2007. [113] Deleted by the Second Amendment Rules, 2007. [114] Deleted by the Second Amendment Rules, 2007. [115] Deleted by the Second Amendment Rules, 2007. [116] Deleted by the Second Amendment Rules, 2007. [117] Deleted by the Second Amendment Rules, 2007. [118] Deleted by the Second Amendment Rules, 2007.TRIPURA SCHEDULED CASTES AND SCHEDULED TRIBES RESERVATION
RULES, 1992
PREAMBLE