GOVERNMENT OF ORISSA
THE ORISSA RESERVATION OF VACANCIES IN
POST AND SERVICES
(FOR SCHEDULED CASTES AND SCHEDULED TRIBES)
ACT, 1975
ORISSA ACT 38 OF 1975
[ As modified up to 31st October 1994 ]
LAW DEPARTMENT
ORISSA ACT 38 OF1975
1 [THE ORISSA RESERVATION OF VACANCIES IN POSTS AND
SERVICES (FOR SCHEDULED CASTES AND SCHEDULED TRIBES)
ACT, 1975]
[Received the assent of the Governor on the 23rd August 1975, first
published in an extraordinary issue of the Orissa Gazette, dated the 1st
September, 1975].
AN ACT TO PROVIDE FOR ADEQUATE REPRESENTATION OF
SCHEDULED CASTES AND SCHEDULED TRIBES IN POSTS AND
SERVICES UNDER THE STATE
BE it enacted by the Legislature of the State of Orissa in the Twenty-sixth Year of
the Republic of India, as follows :-
Short title, extent and
commencement
1. (1) This Act may be called the Orissa Reservation of Vacancies in Posts and
Services (for Scheduled Castes and Scheduled Tribes) Act, 1975.
(2) It shall extend to whole of the State of Orissa.
(3) It shall come into 2force on such date as the State Government may, by
notification, appoint on that behalf.
Definition 2. In this Act, unless the context otherwise requires,—
(a) "prescribed" means prescribed by rules made under this Act ;
3[(b) "recruitment year" means the calendar year during which a recruitment is
actually made ;]
(c) "reservation" means reservation of vacancies in posts and services for the
Scheduled Castes and the Scheduled Tribes ;
(d) "Scheduled Castes" shall have reference to the Scheduled Castes specified
in the Constitution ,(Scheduled Castes) Order, 1950 made under Article 341
of the Constitution of India and as amended from time to time ;
(e) "Scheduled Tribes" shall have reference to the Scheduled Tribes specified in
the Constitution (Scheduled Tribes) Order, 1950 made under Article 342 of
the Constitution of India and as amended from time to time ;
(f) "select list" means the list of candidates arranged in order of precedence
prepared according to the rules and orders issued by the State Government in
that behalf and adopted by the competent authority for making appointments
in respect of initial recruitment and promotion ;
1. For Statement of Objects and Reasons See Orissa Gazette, Extraordinary, dated
the 30th July 1975 (No. 1272) and for report of Select Committee, see ibid, dated
the 18th February 1975 (No. 316).
2. Came into force with effect from 1st July 1976 vide Notification No. 1971—
Emp. (i)-36/75-TRW., dated the 18th June 1976, published in Orissa Gazelle, Ex-
traordinary, dated the 23rd June 1976 (No. 1032).
3. Substituted by the Orissa Act 22 of 1987, Section 2 (i)
(g) "State" includes the Government and the Legislature of the State of Orissa and all 1[local
or other authorities] within the State or under the control of the State Government ;
2[(h) "Selection" means selection made for promotion on the basis of merit and
suitability with due regard to seniority.]
Applicability
3. This Act shall apply to all appointments to the Posts and Service under the State except-
3[(a) Class I posts which are above the lowest rung thereof and report for conducting or
guiding or directing Scientific and technical research.
(b) Class I posts which are above the lowest rung thereof and classified as scientific posts] ;
(c) tenure posts ;
(d) those filled up on the basis of any contract ;
(e) ex-cadre posts ;
4[(f) those which are filled up by transfer within the cadre or on deputation ;]
5[(g) the appointment of such staff the duration of whose appointment does not extend
beyond the term of office of the person making the appointment and the work-charged staff
which are required for emergencies like flood relief work, accident, restoration and relief etc ;]
(h) temporary appointments of less than forty-five days duration ;
6[(h-i) those which are required to be filled up by appointment of persons under the rehabilitation
assistance given to the members of the family of the deceased of permanent disabled
employee who suffer from the disability while in service ;]
(i) those in respect of which recruitment is made in accordance with any provision contained
in the Constitution7 ;
8[(j) a post which is single in any grade or cadre.]
1. Substituted by the Orissa Act 9 of 1982, Section 2
2. Inserted by the Orissa Act 22 of 1987, Section 2 (ii)
3. Substituted by ibid, Section 3 (i)
4. Substituted by ibid, Section 3 (ii)
5. Substituted by ibid, Section 3 (iii)
6. Inserted by the Orissa Act 22 of 1987, Section 3 (iv)
7. Substituted by ibid, Section 3 (v)
8. Inserted by the Orissa Act 6 of 1993, Section 2 came into force w.e.f. the 8th March 1988
Reservation and
the percentage
thereof.
4. (1) Except as otherwise provided in this Act, the vacancies reserved for the
Scheduled Castes and the Scheduled Tribes shall not be filled up by candidates not
belonging to the Scheduled Castes and Scheduled Tribes.
(2) The reservation of vacancies in Posts and Services shall be at such percentage
of the total number of vacancies as the State Government may, from time to time, by
order, determine :
1[Provided that the percentage so determined shall, in no case, be less than the
percentage of the persons belonging to the Scheduled Castes or the Scheduled Tribes,
as the case may be, in the total population of the State :
Provided further that there shall be no reservation of vacancies to be filled up by
promotion where—
(a) the element of direct recruitment in the grade or cadre in which the vacancies
have occurred is more than sixty-six and two-third per cent ;
(b) the vacancies have occurred in Class I posts and are to be filled up by
promotion through limited departmental examination ; or
(c) the vacancies have occurred in Class I posts which are above the lowest rung
thereof, and are to be filled up on the basis of selection.]
Explanation—The expression "population" means the population as ascertained at the
last Census for which the relevant figures have been published.
2[(3) Notwithstanding anything contained in this section, one-third of the vacancies in
Class II, Class Ill (including those specially declared to be Gazetted) and Class IV Services
and Posts, reserved for the Scheduled Castes and the Scheduled Tribes in a year, which
are required to be filled up by direct recruitment, shall be reserved for women belonging to
the respective communities and, in the event of non-availability or availability of insufficient
number of eligible woman candidates belonging to any particular community, the vacancies
or, as the case may be, the remaining vacancies shall be filled up by male candidates of
that community.]
Model Rosters.
5. (1) The State -Government shall prescribe model rosters indicating the number of
vacancies to be reserved for the Scheduled Castes and the Scheduled Tribes and the
number to be left unreserved.
(2) The appointing authorities shall maintain rosters in the prescribed form.
(3) The rosters shall be consulted for ascertaining the number of reserved
vacancies but the appointments shall be made in accordance with the order of
precedence as shown in the select list.
1. Substituted by the Orissa Act 9 of 1982, Section 3
2. Inserted by the Orissa Act 15 of 1993, Section 2
Exchange of
reservation
between the
Scheduled
Castes and
Scheduled
Tribes.
6. The reserved vacancies in appointments shall be exchanged between the
Scheduled Castes and Scheduled Tribes in the event of non-availability of candidates
from the respective communities but vacancies reserved for a particular community shall
continue to be reserved for that community only for two recruitment years and if
candidates are not available for appointment, in particular reserved vacancies in the third
year the vacancy so filled by exchange shall be treated as reserved for the candidates of
that particular community who are actually appointed :
1[Provided that nothing in this section shall apply to reserved vacancies in
appointments in respect of Class III and Class IV Posts and Services.]
Carry forward of
reservation and
de-reservation
7. If, in any recruitment year, the number of candidates either from Scheduled
Castes or Scheduled Tribes is less than the number of vacancies reserved for them even
after exchange of reservation between the Scheduled Castes and Scheduled Tribes, the
remaining vacancies may be filled up by general candidates after dereserving the
vacancies in the prescribed manner but the vacancies so dereserved may be carried
forward to subsequent three years of recruitment :
Provided that in the years following the recruitment year the normal reserved
vacancies together with the vacancies carried forward shall not exceed fifty per cent of
the total number of vacancies of the year in which recruitment is made and the excess
over fifty per cent of the reserved vacancies shall be carried forward to subsequent
years of recruitment.
2[Provided further that the provisions of this section shall not apply to the reserved
vacancies to be filled up by promotion on the basis of selection where such
promotion is to be made—
(a) from Class III Posts to Class II posts,
(b) within Class II posts,
(c) from Class II posts to Class I posts, and
(d) from posts in the lowest rung of Class I ]
3[Provided also that nothing in this section shall apply to the vacancies reserved
in respect of Class III and Class IV posts. If candidates are not available for filling up
such reserved vacancies these remaining vacancies shall be filled up by holding fresh
recruitment only from candidates belonging to the Scheduled Castes or the Scheduled
Tribe, as the case may be, and such sub-section(5) of Section 9 shall not apply to
such vacancies.]
1. Inserted by the Orissa Act 11 of 1992, Section 2
2. Added by the Orissa Act 9 of 1982, Section 4
3. Inserted by the Orissa Act 11 of 1992, Section 3
Relaxation and
concessions
8. For initial appointment-
(a) the upper age-limit prescribed for recruitment shall be increased by five
years :
1 [(a-1) the qualification regarding experience, if any, may be relaxed up to two years by the
Orissa Public Service Commission, the Selection Board or the competent authority, as the
case may be, provided such relaxation is not inconsistent with efficiency.]
2[(b) fees prescribed for admission into any competitive examination or interview for
recruitment shall be exempted ;]
(c) the Scheduled Caste and the Scheduled Tribe candidates shall be paid travelling
allowance to attend competitive recruitment examination or interview at such rate as may
be prescribed.
Manner of initial
recruitment
9. (1) For recruitment through Employment Exchange, in the requisition sent to the
Exchange, the number of vacancies reserved for Scheduled Castes and Scheduled Tribes
shall be specified against the total number of vacancies.
(2) For recruitment made through the Orissa Public Service Commission or any Selection
Board on the basis of competitive examination or interview, the advertisement shall specify
the number of vacancies reserved for Scheduled Castes and Scheduled Tribes against the
total number of vacancies.
3[(3) In the case of direct recruitment otherwise than by written examination in respect of
reserved vacancies in such non-Technical and quasi-technical posts in Class III and Class
IV as may be notified by the State Government, the best among the available Scheduled
Castes and the Scheduled Tribes candidates may be selected provided they possess the
minimum qualification required for the post or service.]
(4) If the required number of Scheduled Caste and Scheduled Tribe candidates are not
available for filling up the reserved vacancies, a fresh recruitment may be made only from
candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the case may
be, for filling up the remaining reserved vacancies.
(5) If after holding such fresh recruitment candidates belonging to the Scheduled Castes or
the Scheduled Tribes are still not available or if the number of such candidates is less than
the number of reserved vacancies, the vacancies which remain unfilled shall be filled up by
general candidates in accordance with the procedure laid down in Section 6 and 7.
1. Inserted by the Orissa Act 9 of 1982, Section 5
2. Substituted by the Orissa Act 5 of 1987, Section 2
3. Substituted by the Orissa Act 9 of 1982, Section 6
Promotion
based on
seniority-cum-
fitness.
10. (1) Where promotion is to be made on the basis of seniority subject to fitness, the
Scheduled Caste and Scheduled Tribe officers shall be promoted to the next higher post or
grade against reserved vacancies provided they possess the minimum qualifications and
experience required for such promotion.
(2) The number of reserved vacancies shall be determined on the basis of
the reserved points shown in the roster maintained under Section 5.
1
[(3) There shall be no zone of consideration in respect of promotion based on
seniority subject to fitness.]
2
[ * * * * * * * * * ]
Zone of
consideration for
promotion.
3[11-A (1) Where promotion is to be made on the basis of selection the procedure for
filling up of the reserved vacancies shall be as may be prescribed and the number of
reserved vacancies will be determined on the basis of the reserved points shown in the
roster maintained under Section 5.]
(2) Except the promotions mentioned in sub-section (3) of Section 10—
(a) There shall be a separate zone of consideration for Scheduled
Castes and Scheduled Tribes candidates in respect of promotion to
Class III posts and within Class III posts;
(b) there shall be a common zone of consideration in respect of
promotion other than those specified in clause (a).
(3) The extent of the zone of consideration shall be as may be prescribed
Selection from
different services.
12. Where selection is to be made from different services, the recruiting or
appointing authority shall select Scheduled Caste and Scheduled Tribe candidates
to the extent of the reserved quota, provided such candidates satisfy the minimum
conditions of suitability, qualifications and experience laid down in respect of the
posts concerned.
Irregular
appointments to
be voidable
4[12-A. All appointments made in contravention of the provisions of this Act, after the
commencement of the Orissa Reservation of Vacancies in Posts and Services (for
Scheduled Castes and Scheduled Tribes) Amendment Act, 1982 shall be treated as
voidable.]
Penalty
5[12-B. Any appointing authority who makes the appointment in violation of this Act
and Rule made thereunder shall on conviction be punished with a fine which may extend to
6(five thousand rupees). The Government may also draw up disciplinary proceedings
against the authority concerned and punishment so imposed shall be recorded in his
confidential character roll :
1. Inserted by the Orissa Act 22 of 1987, Section 4
2. Omitted by the Orissa Act 1 of 1988, Section 2
3. Substituted by the Orissa Act 22 of 1987, Section 4
4. Inserted by the Orissa Act 9 of 1982, Section 8
5. Inserted by the Orissa Act 22 of 1987, Section 6
6. Substituted by the Orissa Act 25 of 1993, Section 3
Provided that nothing contained in this section shall apply in relation to an
appointment, to which the Governor is the appointing authority].
Submission of
annual report,
maintenance of
other records and
inspection thereof.
13. (1) Every appointing authority shall furnish to the Government in the prescribed
manner an annual report on appointments by the end of the month of
1
[April of the succeeding
Calendar year ] and maintain such other records as may be prescribed.
(2) Any officer authorised by the State Government in that behalf
2
[here in after,
referred as the Inspecting Officer] may inspect any record or documents and require the
appointing authority to produce the roster and other records relating to appointments made
by him which are maintained in his office.
(3) It shall be the duty of the appointing authority to produce such records and
documents, furnish such information and afford all such assistance and facilities as may be
necessary for the aforesaid purpose.
3
[13-A. (1) It shall be the duty of every Inspecting Officer to institute prosecution against an
appointing authority who is found during his inspection under sub-section (2) of Section 13
to have made any appointment in violation of this Act and rules made thereunder, subject
to the previous sanction of an authority who is one level above the said appointing authority
and to whom such appointing authority is subordinate.
(2).The authority competent to accord sanction under sub-section (1) may, on receipt
of a reference for such sanction from the Inspecting. Officer, either accord such sanction or
refuse it if he so considers appropriate for reasons to be recorded in writing and shall, in
every case of such reference, communicate his decision to the Inspecting Officer
concerned within thirty days from the date of receipt of the reference.
(3) Nothing in this section shall be construed to prevent any person from making a complaint
to any Court alleging the commission of an offence under Section 12-B.]
Nomination of
Liaison Officer.
14. In each department of the Government, an officer not below the rank of an
Under Secretary authorised by the Secretary of the department in that behalf shall
act as Liaison Officer in respect of the matters provided in this Act who shall be
specially responsible for—
(a) ensuring proper implementation of the provisions of this Act and the rules
made thereunder ;
(b) ensuring compliance by the subordinate authorities ;
(c) ensuring timely submission of returns ;
(d) conducting annual inspection of rosters and such other records as may be
prescribed ;
(e) acting as Liaison Officer between the administrative Department and the
4[Harijan & Tribal Welfare] Department ; and
(f) ensuring necessary assistance to the 4[Harijan & Tribal Welfare] Department
and the Commissioner for Scheduled Castes and Scheduled Tribes in the
investigation of complaints received from organisations or individuals
belonging to the Scheduled Castes and Scheduled Tribes.
1. Substituted by the Orissa Act 18 of 1988, Section 3
2. Inserted by the Orissa Act 15 of 1993, Section 4
3. Inserted by the Orissa Act 15 of 1993, Section 5
4. Substituted by the Orissa Act 18 of 1988, Section 4
Constitution of
Standing
Committee.
15. There shall be a Standing Committee consisting of the following members, namely;
(a) Minister, 1[Harijan & Tribal Welfare] : Chairman
(b) Five members of the Orissa Legislative Assembly : Members
to be elected in such manner as may be determined
by the Speaker.
(c) Chief Secretary to Government : Member
(d) Secretary to Government, Home Department : Member
(e) Secretary to Government, 2[Harijan & Tribal : Member Secretary
Welfare Department :]
Provided that on issue of a proclamation under Article 356 of the Constitution of India, the
composition of the Committee may be altered by the State Government to such extent as
they deem fit.
Functions of the
Standing
Committee.
16. The Standing Committee shall perform the following functions, namely :—
(a) review of the implementation of the provisions of this Act and the rules made
thereunder, as far as possible, twice a year ;
(b) suggesting measures for the removal of difficulties in such implementation or for the
improvement thereof ; and
(c) such other functions as the State Government may, from time to time, assign to the
Committee.
Annual Report.
17. The State Government shall prepare an annual report on the working of this Act and lay
the same before the Legislative Assembly for a period of not less than fifteen days in the
3[succeeding calendar year].
Rule making
power.
18. (1) The State Government may, after previous publication make rules to carry out all or
any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, they
may, make* rules in respect of all matters express required or allowed by this Act to be
prescribed.
(3) All rules made under this Act shall, as soon as may be after they made, be laid before
the State Legislature for a total period of fourteen days which may be comprised in one or more
sessions and, if during the said period the State Legislature makes modifications, if any, therein
the rules shall thereafter have effect only in such modified form so, however, that such
modification shall be without prejudice to the validity of anything previously done under the
rules.
Overriding effect of
the Act.
19. The provisions of this Act shall have effect notwithstanding anything to the contrary in
any other law or in any rule, order or resolution made by the State Government.
1.& 2. Substituted by the Orissa Act 18 of 1988, Section 4
3. Substituted by the Orissa Act 18 of 1988, Section 5
* For Rule See Notification No. 19712-Emp. (i) 51/76-T.R.W., dated the 18th June 1976
published in Orissa Gazette, Extraordinary, dated the 23rd June 1976 (No.1032).
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