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—-Side Note —
Short title,
application
and
commencement.
Definitions.

——————–
THE SCHEDULED CASTES AND THE SCHEDULED TRIBES
(RESERVATION IN POSTS AND SERVICES) BILL, 2008
(AS PASSED BY THE RAJYA SABHA)
A
BILL
to provide for reservation of appointments or posts in civil services for members of the
Scheduled Castes and the Scheduled Tribes in establishments and for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes
(Reservation in Posts and Services) Act, 2008.
(2) It shall apply to every establishment.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. 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 every establishment owned, established, controlled,
managed or financed by the Government and includes—
(i) a Ministry or department or subordinate office or attached office of the
Government;
Bill No. LXXIV-C of 2008
AS PASSED BY THE RAJYA SABHA
ON 23RD DECEMBER, 2008
2
(ii) a public sector undertaking or statutory authority constituted under
any Central Act;
(iii) a corporation in which not less than fifty-one per cent. of the paid-up
share capital is held by the Government;
(iv) a university established by a Central Act and its affiliated colleges,
including medical and engineering colleges and institutions;
(v) a primary or secondary school or any other educational institution;
(vi) an industry, trade or business;
(vii) a Government company as defined under section 617 of the Companies
Act, 1956; and
(viii) an autonomous body, organisation or institution receiving grant or
aid from the Consolidated Fund of India;
(c) “Government” means the Central Government;
(d) “Group ‘A’ post” or “Group ‘B’ post” or “Group ‘C’ post” or “Group ‘D’ post”
means a post which is classified as such by the President in exercise of the powers
conferred by the proviso to article 309 of the Constitution or by or under any Act of
Parliament and includes an equivalent post in any establishment;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “promotion by non-selection” means promotion made on the basis of senioritycum-
fitness;
(g) “promotion by selection” means promotion made on the basis of merit-cumseniority;
(h) “recruitment year” means the calendar year for which the recruitment is
made;
(i) “Scheduled Castes” and “Scheduled Tribes” shall have the meanings
respectively assigned to them in clauses (24) and (25) of article 366 of the Constitution;
(j) “scientific or technical post” include post for which qualifications in natural
sciences or exact sciences or applied sciences or technology are essential and the
incumbent of such post shall have to use his or her knowledge in such sciences for
discharge of duties.
3. (1) The Government shall reserve such percentage of posts for members of the
Scheduled Castes and the Scheduled Tribes for appointment in civil services by direct
recruitment and promotion, in such manner, as may be prescribed.
(2) The vacancy reserved for members of the Scheduled Castes or the Scheduled
Tribes under sub-section (1) shall be filled in such manner as may be prescribed.
4. (1) Notwithstanding anything contained in section 3, there shall be no reservation
where appointments are made—
(i) for a period of less than forty-five days;
(ii) for work charged post required for any emergency relief work;
(iii) to posts higher than the lowest grade of Group ‘A’ posts and classified as
scientific or technical post; and
(iv) to posts higher than the lowest grade of Group ‘A’ posts in institutions of
national importance and Indian Institutes of Management specified in the Schedule.
(2) The Central Government may, by notification in the Official Gazette, amend the
Schedule by including therein or, as the case may be, omitting therefrom, any institution of
national importance and Indian Institutes of Management and on the publication of such
notification, such institution shall be deemed to be included in or, as the case may be, omitted
from, the Schedule.
(3) Every notification issued under sub-section (2) shall be laid before each House of
Parliament.
————-
Reservation
in appointment
by
direct
recruitment
and
promotion.
No reservations
in
certain cases.
———-Side Note ——
5. In the case of promotion by selection from one Group ‘A’ post to another Group ‘A’
post which carries the scale of pay, the maximum of which is equal to or less than the
maximum of the scale of pay of a Director in the Central Secretariat Service or equivalent
posts in other establishments, the officers belonging to the Scheduled Castes and the
Scheduled Tribes, who are fit to hold the post and are relatively senior so as to be within the
number of vacancies for which the select list is to be drawn, shall be included in such select
list and considered for appointment.
6. (1) Appointment to an unreserved vacancy shall be open to all eligible persons
including a person belonging to the Scheduled Castes or the Scheduled Tribes.
(2) Where such unreserved vacancy is filled by direct recruitment or promotion by a
person belonging to the Scheduled Castes or the Scheduled Tribes on the basis of merit,
then, such person shall be appointed against the unreserved vacancy:
Provided that no such appointment shall be made for promotion by non-selection.
7. (1) The maximum age limit fixed for direct recruitment to a service or post shall be
increased by five years for members of the Scheduled Castes and the Scheduled Tribes.
(2) The maximum age limit fixed for promotion to a post, if any, shall be increased by
five years for members of the Scheduled Castes and the Scheduled Tribes:
Provided that no such relaxation shall be available where the maximum age limit for
promotion has been fixed above fifty years.
8. The examination fee or application fee, determined for recruitment to a service or
post through competitive examination or otherwise, may be reduced to such extent for
members of the Scheduled Castes and the Scheduled Tribes, as may be prescribed.
9. (1) Any standard of suitability, excluding the essential and desirable qualifications,
required for appointment by direct recruitment to a post may be relaxed for members of the
Scheduled Castes and the Scheduled Tribes, if sufficient number of such candidates
possessing requisite standards are not available to fill the vacancies reserved for them:
Provided that no such appointment shall be made where the candidate is found unfit to
hold the post.
(2) The experience required for appointment by direct recruitment to a post may be
relaxed for members of the Scheduled Castes and the Scheduled Tribes, if at any stage of
selection, sufficient number of such candidates possessing the requisite experience are not
available to fill the vacancies reserved for them.
10. (1) Where a qualifying examination is held to determine fitness of eligible persons
for promotion by non-selection and sufficient number of members of the Scheduled Castes
and the Scheduled Tribes fulfilling the qualifying standards are not available to fill the
vacancies reserved for them, such qualifying standards may be relaxed, consistent with the
minimum standards of fitness required for appointment to the post, in the case of members
of the Scheduled Castes and the Scheduled Tribes.
(2) Where qualifying examination is held to determine merit of eligible persons for
promotion by selection and sufficient number of members of the Scheduled Castes and the
Scheduled Tribes fulfilling the qualifying standards are not available to fill the vacancies
reserved for them, such qualifying standards may be relaxed, consistent with the minimum
standards of merit required for appointment to the posts, in the case of members of the
Scheduled Castes and the Scheduled Tribes.
11. The vacancies reserved for members of the Scheduled Castes or the Scheduled
Tribes shall respectively be filled by members of the Scheduled Castes and the Scheduled
Tribes only.

——–Side Note ————
Inclusion of
Scheduled
Castes and
Scheduled
Tribes officers
in select list in
case of
promotion
within Group
‘A’.
Unreserved
vacancies to
be open to
members of
Scheduled
Castes and
Scheduled
Tribes.
Relaxation of
age.
Fee concession.
Relaxation in
qualifications
and
experience.
Reservation in
case of
promotion.
Reserved
vacancies to
be filled by
members of
Scheduled
Castes and
Scheduled
Tribes.
—————————–
12. Where posts in an establishment are to be abolished and as a result thereof, the
services of certain persons are required to be either surrendered or terminated, no such
surrender or termination shall be made in respect of members of the Scheduled Castes and
the Scheduled Tribes, if it results in lowering their representation in relation to the percentage
of reservation fixed for them.
13. (1) Every establishment shall designate an officer of such rank, as may be prescribed,
to function as a liaison officer for the purpose of ensuring that the provisions of this Act or
the rules made thereunder or any direction or instruction issued by the Government regarding
reservation are not contravened.
(2) The liaison officer shall, from time to time, inspect and verify the documents,
records and reports with respect to appointments of members of the Scheduled Castes and
the Scheduled Tribes made by the appointing authority by direct recruitment or promotion.
(3) Where the liaison officer is satified that any establishment has contravened the
provisions of this Act or the rules made thereunder or any direction or instruction issued, he
shall submit a report of such contravention to the head of the establishment.
(4) On receipt of the report of contravention under sub-section (3), the head of
establishment shall take disciplinary action under section 18 against the person responsible
for such contravention.
14. (1) Every appointing authority, or an officer authorised by him in this behalf, shall
maintain such documents and records, and furnish every year a report on the appointments
of members of the Scheduled Castes and the Scheduled Tribes made by direct recruitment
and promotion, in such manner and at such time, as may be prescribed.
(2) The appointing authority or any other officer authorised by him shall make available
such documents and records for inspection, furnish such information, and render such
assistance, to the liaison officer, as may be necessary, to enable him to carry out his functions
under this Act.
15. The Government shall, subject to the availability of finance and other resources,
develop and organise training programmes to advance the competence of members of the
Scheduled Castes and the Scheduled Tribes for appointment to services and posts.
16. Whoever knowingly makes a false claim that he is a member of the Scheduled Caste
or the Scheduled Tribe, as the case may be, shall be liable to punishment for a term which may
extend to three years or with fine which may extend to fifty thousand rupees or with both.
17. Whoever knowingly issues a false Scheduled Caste or Scheduled Tribe certificate
shall be liable for punishment for a term which may extend to three years or with fine which
may extend to fifty thousand rupees or with both.
18. Where any person responsible for implementing the provisions of this Act or the
rules made thereunder, intentionally contravenes any of the provisions thereof, he shall be
liable for disciplinary action under the service rules applicable to such person.
19. The Government may, for giving effect to the provisions of this Act or the rules
made thereunder, issue such directions to establishments, as it deems fit.
20. All memoranda issued or purported to have been issued by the Government in
relation to reservation of posts in civil services for members of the Scheduled Castes and the
Scheduled Tribes, immediately before the commencement of this Act, shall, in so far as they
relate to the matters for which provisions have been made in this Act and are not inconsistent

——Side Note —–
Abolition of
posts not to
affect the
representation
of members
of Scheduled
Castes and
Scheduled
Tribes.
Liaison
officer.
Maintenance
of documents
and records
and furnishing
of report by
a p p o i n t i n g
authority.
Training
programmes
for Scheduled
Castes and
Scheduled
Tribes.
Penalty for
making false
claim.
Penalty for
issuing false
caste
certificate.
Disciplinary
action for
contravention
of provisions
of Act.
Power to issue
directions.
Existing office
memoranda to
continue.
——————-
therewith, be deemed to have been issued under this Act as if this Act had been in force on
the date on which such memoranda were issued.
21. (1) The Government may, by notification in the Official Gazette, make rules to carry
out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the percentage of posts for reservation and the manner of reservation under
sub-section (1) of section 3;
(b) the manner of filling vacancies under sub-section (2) of section 3;
(c) the extent of reduction in examination fee and application fee under section 8;
(d) the rank of the officer to be designated as the liaison officer under subsection
(1) of section 13;
(e) the documents and records to be maintained and the time and manner of
furnishing report under sub-section (1) of section 14.
(3) Every rule made by the Government under this section shall be laid, as soon as may
be, after it is made, before each House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously done under
that rule.

—–Side Note ——–
Power to make
rules.
————————
THE SCHEDULE
(See clause (iv) of sub-section (1) of section 4)
1. Aligarh Muslim University, Aligarh
2. All India Institute of Medical Sciences, New Delhi
3. Allahabad University, Allahabad
4. Banaras Hindu University, Varanasi
5. Delhi University, Delhi
6. Dr. B.R. Ambedkar National Institute of Technology, Jalandhar
7. Imperial War Museum
8. Indian Institute of Management, Kolkata
9. Indian Institute of Management, Lucknow
10. Indian Institute of Management, Ahmedabad
11. Indian Institute of Management, Bangalore
12. Indian Institute of Management, Indore
13. Indian Institute of Management, Kozhikode
14. Indian Institute of Technology, Chennai
15. Indian Institute of Technology, Guwahati
16. Indian Institute of Technology, Kanpur
17. Indian Institute of Technology, Kharagpur
18. Indian Institute of Technology, Mumbai
19. Indian Institute of Technology, New Delhi
20. Indian Institute of Technology, Roorkee
21. Indian Museum, Calcutta
22. Indian War Memorial, New Delhi
23. Jawaharlal Institute of Post Graduate Medical Education and Research,
Pondicherry
24. Malaviya National Institute of Technology, Jaipur
25. Maulana Azad National Institute of Technology, Bhopal
26. Motilal Nehru National Institute of Technology, Allahabad
27. National Institute of Technology, Surathkal
28. National Institute of Technology, Agartala
29. National Institute of Technology, Calicut
30. National Institute of Technology, Durgapur
31. National Institute of Technology, Hamirpur
32. National Institute of Technology, Jamshedpur
33. National Institute of Technology, Kurukshetra
34. National Institute of Technology, Patna
35. National Institute of Technology, Raipur
36. National Institute of Technology, Rourkela
37. National Institute of Technology, Silchar
38. National Institute of Technology, Srinagar
39. National Institute of Technology, Tiruchirappalli
40. National Institute of Technology, Warangal
41. National Library, Calcutta
42. Post Graduate Institute of Medical Education and Research, Chandigarh
43. Rajiv Gandhi Indian Institute of Management, Shillong
44. Sardar Vallabhbhai National Institute of Technology, Surat
45. Victoria Memorial, Calcutta
46. Vishwa Bharati, West Bengal
47. Visvesvaraya National Institute of Technology, Nagpur
RAJYA SABHA
————
A
BILL
to provide for reservation of appointments or posts in civil services for members of the
Scheduled Castes and the Scheduled Tribes in establishments and for matters connected
therewith or incidental thereto.
————
(As passed by the Rajya Sabha)
GMGIPMRND—4677RS(S1)—23-12-2008.