U p act 012 of 2016 : Uttar Pradesh Public Services (Reservation for Physically) Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) Act, 2016

Preamble

Uttar Pradesh Public Services (Reservation for Physically) Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) Act, 20161

[U.P. Act No. 12 of 2016][6th April, 2016]

(As passed by the Uttar Pradesh Legislature)

An Act further to amend the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex-Servicemen) Act, 1993

It is hereby enacted in the Sixty-seventh Year of the Republic of India as follows-

Prefatory Note-Statement of Objects and Reasons.- The Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex-Servicemen) Act, 1993 (U.P. Act No. 4 of 1993) has been enacted to provide for the reservation of post in favour of physically handicapped, dependants of freedom fighters and ex-servicemen. In sub-section (5) of Section 3 of the said Act, it is provided that where, due to non-availability of suitable candidates, any of the vacancies reserved under sub-section (1) remains unfilled, it shall be carried forward for further two selection years, whereafter it may be treated to be lapsed.

The said provision has been challenged before the Hon'ble High Court, Allahabad through WP No. 49778 of 2015, Alok Kumar Singh v. State of U.P. alleging it unconstitutional. Keeping in view of the relief prayed in the said writ petition it has been decided to amend the aforesaid Act to omit sub-section (5) of Section 3 thereof.

The Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) Bill, 2016 is introduced accordingly.

1 Received the assent of the Governor on April 6, 2016 and published in the U.P. Gazette, Extra., Part 1, Section (Ka), dated 7th April, 2016, pp. 2-3

Section 1. Short title

1. Short title.- This Act may be called the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-servicemen) (Amendment) Act, 2016.

Section 2. Amendment of Section 3 of U.P. Act No. 4 of 1993

2. Amendment of Section 3 of U.P. Act No. 4 of 1993.- In Section 3 of the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993, sub-section (5) shall be omitted.

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