TRIPURA ACT NO. 5 OF 1991
GOVERNMENT OF TRIPURA
The Tripura Scheduled Castes
and Scheduled Tribes
Reservation Act,1991
( As amended upto February, 2006)
DEPARTMENT FOR WELFARE OF SCHEDULED CASTES,
OTHER BACKWARD CLASSES & MINORITIES
AND
TRIBAL WELFARE DEPARTMENT
CONTENTS
SL. Subject Provision Page No
No.
1. Publication in the Tripura Gazette - 1
2. Preamble - 2
3. Short title, extent and commencement. Sec. 1 3
4. Definitions Sec. 2 3-4
5. Act not to apply in relation to certain establishment Sec. 3 5
6. Reservation for the Scheduled Castes and the Scheduled Sec. 4(1) 5
Tribes in any vacancy or vacancies in services or posts in an
establishment which are to be filled up by direct recruitment.
7. Reservation for Scheduled Castes and Scheduled Sec. 4(2) 6
Tribes in any vacancy or vacancies in services or
posts under the State to be filled by promotion
8. Reservation for Scheduled Castes and Scheduled Sec. 5 6
Tribes in educational Institutions, in selection of students for
higher studies and in selection of candidates and in -service
personnel for higher studies and training
9. Power to exempt. Sec. 6 7
10. Maintenance and inspection of records Sec. 7 7- 8
and submission of annual report
11. Offences and Penalties Sec. 8 8-10
12. Power to try offences summarily Sec. 9 11
13. Offences to be cognizable Sec. 10 11
14. Onus of Proof Sec. 11 11
15. Bar of jurisdiction of Courts Sec. 12 11
16. Cognizance of Offences Sec. 13 11
17. Indemnity for acts done in good faith Sec. 14 12
18. Power to remove difficulties Sec. 15 12
19. Act to override other laws Sec. 16 12
20. Power to make rules Sec. 17 12-13
21. The Schedule 14-19
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Published in the
EXTRAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala,Saturday,August,31, 1991 A.D. Bhadra 9, 1913 S.E.
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
No. F. 10(5)-Law/Leg/90 Dated, Agartala, August 14, 1991
The following Act of the Tripura Legislative Assembly received the assent of the
Governor on the 26th July,1991 and is hereby published for general information.
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Tripura Act No. 5 of 1991
[The Tripura Scheduled Castes and Scheduled Tribes
Reservation Act, 1991]1
AN
ACT
to provide for reservation of vacancies in services and posts for the members of the
Scheduled Castes and the Scheduled Tribes.
[WHEREAS the Scheduled Castes and the Scheduled Tribes who are under
privileged section of the society are not adequately represented in the services and
posts under the State of Tripura and it is expedient to provide reservation for them
in the services and posts under the State of Tripura;
AND
WHEREAS adequate number of qualified and eligible Scheduled Caste and
Scheduled Tribe candidates for appointment to various services and posts under
the State are not available and it is expedient to provide for them reservation of
seats in educational institutions, higher studies and training to make qualified and
eligible Scheduled Caste and Scheduled Tribe candidates available for appointment
to various services and posts and for their educational advancement;
AND
WHEREAS it is expedient to regulate the issuance and cancellation of
community certificates and check false claims to belong to the Scheduled Castes or
Scheduled Tribes and prescribe punishment for those who obtain or have obtained
false community certificates and matters connected therewith or incidental thereto;
AND
WHEREAS it is necessary to amend some of the existing provisions of “The
Tripura Scheduled Castes and the Tripura Scheduled Tribes (Reservation of
vacancies in services and posts) Act, 1991” to bring it in conformity with the various
court rulings;]2
It is hereby enacted by the Legislative Assembly of Tripura in the Forty Second
year of the Republic of India as follows :-
1. Substituted for “The Tripura Scheduled Castes and Scheduled Tribes (Reservation of
Vacancies in Services and Posts) Act, 1991” by The Tripura Scheduled Castes and Scheduled
Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act,2005,
shortly called “the 2nd Amendment Act,2005” as assented to by the Governor on 14.2.2006.
2. Substituted by the 2nd Amendment Act. 2005
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1. Short title, extent and commencement.
(1) This Act may be called [The Tripura Scheduled Castes and
Scheduled Tribes Reservation Act, 1991]1
(2) It extends to the whole of Tripura.
(3) It shall come into force on such date as the State Government may,
by notification in the official gazette, appoint.*
2. Definitions.
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) Community certificate means a certificate issued by the competent
authority indicating therein the Caste or Tribe, as the case may be, to
which a person belongs;
(c) Competent Authority means an officer or authority empowered by
this Act or the rules made there-under or by the Government by
notification to perform the functions of the competent authority
under this Act or the rules made there-under;
(d) Educational Institution means any School, College, Polytechnic
Institute, Industrial Training Institute, Institute for Nursing or
Midwifery or any other institute for imparting education or training
under the control of any Board or University established by an Act of
the Parliament or State Legislature and is owned or aided by the State
Government;]2
(e)3 “Establishment” means [any office under the State]4, a local or
statutory authority constituted under the constitution of India or any other
law for the time being in force or a Corporation in which not less than fifty
one percent of the paid-up share capital is held by the State Government
and includes Universities and Colleges affiliated to the Universities,
Primary and Secondary Schools and also other educational institutions
which are owned or aided by the State Government and also includes an
establishment in Public Sector ;
1. Substituted for “The Tripura Scheduled Castes and Scheduled Tribes (Reservation of vacancies
in services and Posts) Act, 1991 by the 2nd Amendment Act,2005.
2. Inserted by the 2nd Amendment Act.2005
3. Substituted for “(b)” by the 2nd Amendment Act.2005
4. Substituted for “ any office of the State Government” by the 2nd Amendment Act.2005
* The Act was given force with effect from the 2nd day of October,1992 vide Notification No.F.2-
146/SCW/GL/90 dated the 17th Septemvber,1992 published in the Tripura Gazette,
Extraordinary issue dated the 2nd October,1992.
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(f)1 “Establishment in public sector” means any industry, trade, business or
occupation owned, controlled or managed by –
[(i) the State; or]2
(ii) a Government Company as defined in Section 617 of the
Companies Act,1956 or a Corporation established by or under a Central or
State Act in which not less than fifty one percent of the Paid-up share
capital is held by the State Government, or
(iii) a local or statutory authority constituted under the Constitution of
India or any other law for the time being in force.
(g)3 “Establishment in private sector” means any industry, trade, business or
occupation which is not an establishment in Public Sector ;
[(h) False community certificate means a Scheduled Caste certificate
obtained by a person who does not actually belong to any of the
Scheduled Castes or a Scheduled Tribe certificate obtained by a
person who does not actually belong to any of the Scheduled Tribes;
(i) Government means the Government of Tripura;
(j) Local authority includes a Municipality or a Municipal Council, a
Notified Area Authority, a Zilla Parishad, a Block Panchayat Samiti,
or a Gram Panchayat etc ;
(k) Notification means a notification published in the Tripura Gazette and
the word “notified” shall be construed accordingly;
(l) Prescribed means prescribed by rules made under this Act;
(m) Recruitment year means a period of twelve months beginning from
the first day of April;
(n) Schedule means the schedule appended to this Act;
(o) Scheduled Castes or Scheduled Tribes shall have the same meaning as
has been assigned to them respectively in Clause(24) and Clause (25) of
Article 366 of the Constitution of India ;]4
1. Substituted for “(c)”by the 2nd Amendment Act,2005
2. Substituted for “ the State Government or any Department of the State Government, or” by
the 2nd Amendment Act,2005.
3. Substituted for “(d)” by the 2nd Amendment Act,2005
4. Inserted by the 2nd Amendment Act,2005
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(……)1
3. Act not to apply in relation to certain establishment.
This act shall not apply in relation to –
(a) any employment under the Central Government ;
(b) any employment in domestic service.
4. Reservation for Scheduled Castes and Scheduled Tribes [in services and posts
under the State]2 to be filled up by direct recruitment.
[(1) Reservation for the Scheduled Castes and the Scheduled Tribes in any
vacancy or vacancies in services or posts in an establishment which are to be
filled up by direct recruitment]3 shall be regulated in the following manner,
namely –
[(a) There shall be seventeen percent reservation for the Scheduled
Castes and thirty one percent reservation for the Scheduled Tribes in
the manner as set out in the schedule;]4
[Provided that the State Government may from time to time review the
implementation of the reservation policy and take adequate measures
including increase of percentage mentioned in sub-section (a) above]5
(b) The candidates belonging to the Scheduled Castes and the Scheduled
Tribes who qualify for selection on merit shall be included in the general
list and not against reserved quota ;
(c) Fees, if any, prescribed for any examination for selection to any service
or post shall be reduced to one-fourth in the case of candidates belonging to
the Scheduled Castes and the Scheduled Tribes ;
(d) The members of the Scheduled Castes and the Scheduled Tribes shall be
entitled to a concession of five years over the prescribed maximum age limit for
appointment to any service or post. [and also for admission to educational
institutions and undergoing any kind of training]6
1.Omitted by the 2nd Amendment Act,2005.
2.Substituted for “in vacancies” by the 2nd Amendment Act,2005
3.Substituted by the 2nd Amendment Act,2005
4. Substituted by the 2nd Amendment Act,2005
5. Inserted by the Tripura Scheduled Castes & Scheduled Tribes (Reservation of Vacancies in
Services and Posts) (First Amendment )Act,1997, shortly called The “First Amendment Act,1997”
6. Inserted by the 2nd Amendment Act,2005.
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[4. (2)]1 Reservation for Scheduled Castes and Scheduled Tribes [in any
vacancy or vacancies in services or posts under the State]2 to be filled up by
promotion.
(….)3 Reservation for(….)4 the Scheduled Castes and the Scheduled Tribes
[in any vacancy or vacancies in services or posts under the State]5 to be filled up by
promotion in any establishment shall be regulated in the following manner, namely : ---
[(a) There shall be seventeen percent reservation for the Scheduled
Castes and thirty-one percent reservation for the Scheduled Tribes as
set out in the schedule;]6
[Provided that the State Government may from time to time review the
implementation of the reservation policy and take adequate measures
including increase of percentage mentioned in sub-section (a) above.]7
( …..)8
[(b)]9 The candidates belonging to the Scheduled Castes and the Scheduled
Tribes who qualify for selection on merit shall be included in the general
list and not against reserved quota.
[5. Reservation for Scheduled Castes and Scheduled Tribes in educational
Institutions, in selection of students for higher studies and in selection of candidates
and in-service personnel for higher studies and training:
(a) There shall be seventeen percent reservation for the Scheduled
Castes and thirty-one percent reservation for the Scheduled Tribes in
admission of students to educational institutions, in selection of
candidates and in-service personnel for higher studies or training;
Provided that the State Government may, from time to time, review
the implementation of the reservation policy and take adequate
measures including increase of percentage of reservation as mentioned
in Sub-Section (a) above;
(b) The candidates belonging to the Scheduled Castes and the
Scheduled Tribes who qualify for selection on merit, shall be included
in the general list and not against the reserved quota.]10
1. Substituted for Section “(5)” by the 2nd Amendment Act,2005
2. Substituted for “in vacancies” by the 2nd Amendment Act,2005.
3. Omitted “the” by the 2nd Amendment Act,2005.
4. Omitted “members of” by the 2nd Amendment Act,2005.
5. Substituted for “in vacancies in services or posts” by the 2nd Amendment Act, 2005.
6. Inserted by the 2nd Amendment Act.2005.
7. Inserted by the First Amendment Act,1997.
8. Deleted “(b)”by the 2nd Amendment Act,2005
9. Clause “C” renumbered as Clause “b” by the 2nd Amendment Act,2005
10. Inserted by the 2nd Amendment Act,2005
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6. Power to exempt.
(1) If the State Government is of opinion that the reservation for members
of the Scheduled Castes or the Scheduled Tribes shall not be applied to any
specialised service or post in view of the specialised qualification or
experience necessary and in absence of such qualified candidates from
amongst the Scheduled Castes and the Scheduled Tribes the State
Government may, by notification published in the official gazette, exempt
such service or post, from the operation of this Act.
(2) Every notification under Sub-Section (1) shall be laid, as soon as it is
published, before the Tripura Legislative Assembly.
[7. Maintenance and inspection of records and submission of annual report :
(1) Every authority shall maintain such records as may be prescribed
and on requisition of the competent authority produce the same for
inspection;
(2) Every appointing authority shall furnish to the State Government
an annual report on appointments made by it during the previous
recruitment year and shall also furnish to the State Government such
other reports or information as may be required;
(3) Any officer authorized by this Act or by the rules made there-
under or by the State Government in that behalf may inspect any
record or document which are maintained in relation to the provisions
of this Act and the rules made there-under;
(4) It shall be the duty of every authority to produce the records or
documents for inspection by the officer authorized under Sub-Section
(3) and furnish such information and offer such assistance as may be
necessary for him to carry out his functions under this Act or the rules
made there-under;
(5) Notwithstanding anything contained in the Tripura Civil Service
(Conduct) Rules, 1988 or in any other rules or orders, any member of
the Scheduled Castes or Scheduled Tribes who is adversely affected on
account of non-compliance with any provision of this Act or the rules
made there-under may directly bring the fact to the notice of the State
Government by an application and on such application being made
by him the State Government or an authority empowered by the State
Government may call for such records and take such decision thereon
as it may deem fit;]1
1.Inserted by the 2nd Amendment Act,2005
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[(6) The State Government, of its own may, at any time, call for any
record or records maintained under the provisions of this Act or the
rules made there- under, review any order or decision and pass such
order or orders or take such decision, not inconsistent with the
provisions of this Act and the rules made there-under, as it may deem
fit;
(7) Any order or orders passed or decision taken under Sub-Section(5)
and (6) shall be final and binding on all concerned]1
[8. Offences and Penalties:
(1) (a) If an appointing authority makes any appointment in
contravention of the provisions of Section 4 of the Act or the rules
made there-under, he shall, on conviction, be punishable with simple
imprisonment for a term which may extend to five years and also with
fine which may extend to rupees ten thousand. In addition, the State
Government may, if it considers necessary, draw up disciplinary
proceedings against such appointing authority for punishment under
the service rules;
(b) Nothing contained in Sub-Section(1)(a) above shall apply in
relation to an appointment to any service or post of which the
appointing authority is the Governor;
(c) If any authority who is authorized to authenticate orders of the
Governor, issues or causes to be issued an order of appointment of
which the appointing authority is the governor, in contravention of
Section 4(a) of the Act or the rules made there-under, shall, on
conviction, be punishable with imprisonment and fine as provided in
Sub-section(1) (a) above;
(2) Whoever, having authority to admit, recommend, select or nominate
any student to any educational Institution, admits, recommends or selects or
nominates any student for higher studies or whoever having authority to
admit, recommend, select or nominate any candidate or in-service personnel
for higher studies or training, admits, recommends, selects or nominates any
candidate in violation of Section 5 of the Act or the rules made there-under
shall, on conviction, be punishable with imprisonment and fine as provided
in Sub-Section(1) (a) above ;]1
1.Inserted by the 2nd Amendment Act,2005
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[ (3) Whoever violates the provisions of Section 7 shall, on conviction, be
punished with imprisonment and fine as provided under Sub-Section (1)(a)
above;
(4) Whoever, not being a person belonging to the Scheduled Castes or
Scheduled Tribes, obtains or has obtained a community certificate in his
favour from the competent authority by –
(a) furnishing false information; or
(b) giving false statement or declaration / misrepresenting facts or]1
[(c) adopting any other fraudulent means:
shall, on conviction, be punishable with rigorous imprisonment for a
term which may extend to five years and also with fine which may extend to
rupees ten thousand;
Provided that any plea of the accused that the competent authority was
satisfied after inquiry to issue in his favour the community certificate in
question shall not be a defence;
(5) Whoever, not being a person belonging to the Scheduled Caste or
Scheduled Tribe, gets elected to any elective office reserved for the Scheduled
Castes or the Scheduled Tribes on the basis of a false community certificate,
shall on conviction, be punishable with rigorous imprisonment for a term
which may extend to five years and also with fine which may extend to rupees
ten thousand. Election of such person to the elective office in question shall
also be void and the person concerned shall be deemed to have been
debarred from contesting any election for a period of six years from the date
of such conviction;
(6) Whoever, not being a person belonging to the Scheduled Tribes,
secures or has secured any benefit or protection available only to Scheduled
Tribes under any rules, regulations or notification made under the Sixth
Schedule of the Constitution of India or any other law for the time being in
force in the Sixth Schedule area shall, on conviction, be punishable with
imprisonment and fine as provided in Sub –Section (4) above;
(7) Any person or authority, who, while performing the functions of a
competent authority under this Act or the rules made there-under,
intentionally or with full knowledge that a person applying for issue of
Scheduled Caste or Scheduled Tribe certificate does not actually belong to
the Scheduled Castes or Scheduled Tribes, issues in favour of such person a
community certificate shall, on conviction, be punishable with imprisonment
and fine as provided in Sub-Section (1)(a) above;]1
1.Inserted by the 2nd Amendment Act,2005
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[(8) Whoever intentionally gives any false report, information or evidence
before any competent authority under this Act or rules made there-under
with full knowledge that a person claiming himself to be a member of the
Scheduled Castes or Scheduled Tribes does not actually belong to the
Scheduled Castes or Scheduled Tribes, shall be punishable with
imprisonment and fine as provided under Sub-Section (1) (a) above;]1
[(9) Where no express provision for punishment of a person for
contravention of any provision of this Act has been made, the person
contravening any such provision of this Act shall be punishable with
imprisonment and fine as provided under sub-Section (1)(a) above;
(10) Whoever abets any offence punishable under this Act or the rules
made there-under shall, on conviction, be punishable with imprisonment and
fine as provided for that offence;
(11) (a) Notwithstanding anything contained in any other law or
service rules, whoever, not being a person belonging to the
Scheduled Castes or the Scheduled Tribes, secures or has
secured any appointment to any service or post on the basis of
false certificate in any establishment under the State shall, on
cancellation of the community certificate, be forthwith
terminated from the service or post;
(b) Whoever not being a person belonging to the Scheduled
Castes or the Scheduled Tribes secures or has secured any
admission or selection for admission to any educational
institution for any study or training against a seat reserved for
the Scheduled Castes or the Scheduled Tribes or enjoys any
benefit or concession of the Scheduled Castes or the Scheduled
Tribes shall, on cancellation of his community certificate, be
forthwith debarred from the educational institution and any
other benefit or concession being enjoyed by him as aforesaid
shall forthwith be withdrawn. Any amount paid to such person
by way of stipend, scholarship, grant, allowance, educational loan
etc. on the basis of the false community certificate shall also be
recovered from him as arrears of land revenue;
(c) Any degree or diploma or any other educational qualification
acquired by such person on the basis of a false community
certificate, shall, on cancellation of the false community certificate
obtained by him, also stand cancelled;]1
1.Inserted by the 2nd Amendment Act,2005
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[9. Power to try offences summarily:
Notwithstanding anything contained in the Code of Criminal
Procedure, 1973(Act No. 2 of 1974) every offence punishable under this Act
and the rules made there-under may be tried summarily by a Magistrate of
the first class.]1
10. Offences to be cognizable:
Notwithstanding any thing contained in the Code of Criminal
Procedure, 1973,(Act No. 2 of 1974) all offences under this Act and the rules
made there under shall be cognizable and non-bailable.
11. Onus of Proof:
When in any proceeding under this Act or the rules made there under
the question is whether a person belongs to the Scheduled Caste or Scheduled
Tribe, the onus of proof shall be on the person who claims himself to be
member of the Scheduled Castes or the Scheduled Tribes, as the case may be.
12. Bar of jurisdiction of Courts:
(1) No order passed or proceedings taken by any officer or
authority under this Act or the rules made there-under shall be called
in question in any court of law lower than the court of the District
Session Judge.
(2) No Civil Court shall entertain or continue any suit or
proceeding or shall pass any decree or order or execute wholly or
partially any decree or order, if the claim involved in such suit or
proceeding or if the passing of such decree or order or if such
execution would, in any way, be contrary to any of the provisions of
this Act or the rules made there-under.]1
[13]2 Cognizance of Offences.
No prosecution for an offence under this Act shall be instituted except by or with
the sanction of the State Government.
1. Inserted by the 2nd Amendment Act,2005
2 .Substituted for “(8)” by the 2nd Amendment Act,2005
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[14]1 [Indemnity for acts done in good faith]2
No suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this Act.
[15]3 Power to remove difficulties –
(1) If any difficulty arises in giving effect to the provisions of this Act,
the State Government may, by order published in the Official Gazette,
make such provisions, not inconsistent with the provisions of this Act as
appear to it to be necessary or expedient for removing the difficulty ;
Provided that no such order shall be made after expiry of a period of
two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it
is made, be laid before the Tripura Legislative Assembly.
[16. Act to override other laws
Save as expressly provided in this Act, the provisions of this Act and
the rules made there-under shall have effect notwithstanding anything
inconsistent therewith contained in any other law, rules, regulations or
orders for the time being in force or any decree or order of any Court or
other authority]4
(…..)5
[17.]6 Power to make rules.
(1) The State Government may make rules for carrying out the
purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers such rules may provide for all or any of the following matters,
namely –
(a) The form in which every establishment shall submit annual report to
the State Government regarding the number of persons recruited in such
establishment.
1. Substituted for “(9)” by the 2nd Amendment Act,2005
2. Inserted by the 2nd Amendment Act,2005.
3. Substituted for “(10)”by the 2nd Amendment Act,2005
4. Inserted by the 2nd Amendment Act,2005
5. Deleted “(11)” by the 2nd Amendment Act,2005
6. Substituted for “(12)”by the 2nd Amendment Act,2005
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(b) Any other matter which has to be or may be prescribed by rules
made in this behalf.
(3) In making any rule the State Government may direct that a breach
thereof shall be punishable [with imprisonment which may extend to
five years and also with fine which may extend to rupees ten
thousand.]1
(4) Every rule made under this Act shall be laid as soon as may be after
it is made before the Legislative Assembly while it is in session for a total
period of not less than fourteen days which may be comprised in one
session or in two or more successive sessions and if before the expiry of the
session in which it is so laid for the session aforesaid the Legislative
Assembly makes any modification in the rule or decides that the rule shall
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.
1. Substituted for “with fine which may extend to five thousand rupees” by the 2nd Amendment Act,2005.
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“THE SCHEDULE
(See section 4 and 5)
1. The reservation for the Scheduled Castes and the Scheduled Tribes in
the services or posts both in case of direct recruitment and promotion
in an establishment shall be given effect to in accordance with two
rosters, namely- the HUNDRED POINT ROSTER as shown in table
(a) below and the REPLACEMENT ROSTER as shown in table (b)
below:-
(a) THE HUNDRED-POINT ROSTER:
Roster
Point No.
Meant for
Roster Point
No.
Meant for
1 Unreserved 30 Unreserved
2 Scheduled Tribe 31 Scheduled Tribe
3 Unreserved 32 Unreserved
4 Scheduled Caste 33 Scheduled Caste
5 Unreserved 34 Unreserved
6 Scheduled Tribe 35 Scheduled Tribe
7 Unreserved 36 Unreserved
8 Scheduled Tribe 37 Scheduled Tribe
9 Unreserved 38 Unreserved
10 Scheduled Caste 39 Scheduled Caste
11 Unreserved 40 Unreserved
12 Scheduled Tribe 41 Scheduled Tribe
13 Unreserved 42 Unreserved
14 Scheduled Caste 43 Scheduled Tribe
15 Unreserved 44 Unreserved
16 Scheduled Tribe 45 Scheduled Caste
17 Unreserved 46 Unreserved
18 Scheduled Tribe 47 Scheduled Tribe
19 Unreserved 48 Unreserved
20 Scheduled Caste 49 Scheduled Caste
21 Unreserved 50 Unreserved
22 Scheduled Tribe 51 Unreserved
23 Unreserved 52 Scheduled Tribe
24 Scheduled Tribe 53 Unreserved
25 Unreserved 54 Scheduled Tribe
26 Unreserved 55 Unreserved
27 Scheduled Caste 56 Scheduled Caste
28 Unreserved 57 Unreserved
29 Scheduled Tribe 58 Scheduled Tribe
59 Unreserved 80 Unreserved
60 Scheduled Tribe 81 Scheduled Caste
61 Unreserved 82 Unreserved
62 Scheduled Caste 83 Scheduled Tribe
63 Unreserved 84 Unreserved
64 Scheduled Tribe 85 Scheduled Caste
65 Unreserved 86 Unreserved
66 Scheduled Tribe 87 Scheduled Tribe
67 Unreserved 88 Unreserved
68 Scheduled Caste 89 Scheduled Tribe
69 Unreserved 90 Unreserved
70 Scheduled Tribe 91 Scheduled Caste
71 Unreserved 92 Unreserved
72 Scheduled Tribe 93 Scheduled Tribe
73 Unreserved 94 Unreserved
74 Scheduled Caste 95 Scheduled Tribe
75 Unreserved 96 Unreserved
76 Unreserved 97 Scheduled Caste
77 Scheduled Tribe 98 Unreserved
78 Unreserved 99 Scheduled Tribe
79 Scheduled Tribe 100 Unreserved
(b) THE REPLACEMENT ROSTER:
Roster for Direct Recruitment/Promotion for a Cadre Strength up to 3 posts.
Cadre Initial To be replaced by
Strength Recruitment ______________
1. UR UR
2. ST SC
3. UR UR
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Note : For a cadre strength up to 3 posts, post No. 1 and 3 are unreserved
and post No. 2 is reserved for the Scheduled Tribes. Post No. 1 and 3 are
earmarked as unreserved and these points would continue to be treated as
unreserved for the replacement purpose. Post No. 2 shall initially be filled by
a Scheduled Tribe candidate and the next replacement shall be made by a
Scheduled Caste candidate. All other subsequent replacements shall be made
by rotation between the Scheduled Castes and the Scheduled Tribes
candidates.
2. The above-mentioned two rosters are post-based rosters to determine
the entitlement of the reserved category of persons to the quota reserved for
them. The roster is not to determine seniority.
3. There shall be separate roster for direct recruitment and for
promotion.
4. Any higher Grade in any service or post which has the element of
selection and rejection on the basis of seniority-cum-merit or merit-cum-
seniority shall constitute promotion.
5.` Within each category of service or post roster shall be maintained
separately for (i) permanent appointment and temporary appointment likely
to continue indefinitely, (ii) ad-hoc appointment or entrustment, in any form
or manner to an officer of lower rank, of the charge and powers of a higher
post, and (iii) contingent appointment.
6. Where the number of posts in any service or cadre permits
reservation to be made for all the reserved categories, the 100-point roster
as shown at para-1(a) above shall be applicable and where the number of
posts in any service or cadre is too small to permit reservation to be made for
all the reserved categories, the replacement roster as shown at para-1(b)
above shall be applicable.
7. The rosters are to be operated on the principle of replacement and not
as a running account as hitherto done.
8. At the time of initial operation of the roster the actual percentage of
representation of the reserved categories in any service or post shall be
determined afresh and if the total representation of any particular reserved
category exceeds the prescribed percentage or if the total representation of
all the reserved categories exceeds 50%, the excess shall be adjusted in
future recruitments and the existing incumbents shall not be disturbed.
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9. For the purpose of calculation of the representation of the reserved
category of persons in any service or post the total number of direct recruits
and promotes in the services or posts shall be taken into account.
10. If, for want of any reserved category of person or for any other reason,
any reserved post cannot be filled in any recruitment year, the roster point
shall be kept vacant till the post is filled by a person of appropriate reserved
category.
Provided that in case of non-availability of Scheduled Caste/Scheduled
Tribe candidate(s) unfilled reserved post(s) may be filled by exchange
between Scheduled Tribes and Scheduled Castes according to the procedure
prescribed.
11. A reserved post may be filled by a person of un-reserved category only
when the reserved post is de-reserved according to the procedure prescribed.
12. The back-log of reserved posts is to be determined afresh on the basis
of the post- based rosters mentioned above.
13. Isolated individual posts and small cadres may be grouped together
with the posts of the same class for the purpose of reservation taking into
account the status, salary and qualifications prescribed for the posts in
question.
14. There shall be 3% reservation for the Physically handicapped and 2%
reservation for the Ex-serviceman only in direct recruitment. Physically
handicapped and Ex-serviceman of Scheduled Caste category, Scheduled
Tribe category and un-reserved category shall be accommodated respectively
against the points reserved for the Scheduled Castes, the Scheduled Tribes
and the Unreserved points of the 100 Point Roster. However, where posts are
more than 400, the roster point shall stand extended up to 400 point to
accommodate all categories i.e. Scheduled Castes, Scheduled Tribes &
Unreserved. But where posts are less than 400, the reservation will be on
replacement basis against the posts ear-marked and shown category-wise i.e.
Scheduled Castes, Scheduled Tribes & Unreserved. The reservation for the
physically handicapped and ex-servicemen shall be made according to the
post based 100-point roster as well as the replacement roster in the following
manner :
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Cycle/Roster Point
No. & Category
To be Reserved for Category wise
reservation of
post on
replacement
basis
1/32-UR PH-Blindness or low vision UR - 17
1/50-UR Ex-serviceman UR - 26
1/54-ST PH-Hearing impairment ST - 17
1/83-ST Ex-Serviceman ST - 26
1/98-UR PH-Loco motor disability or
cerebral palsy
UR - 51
2/04-SC PH-Blindness or low vision SC - 18
2/46-UR Ex-serviceman UR - 76
2/61-UR PH-Hearing impairment UR - 84
2/49-SC Ex-serviceman SC - 26
2/64-ST PH-Loco motor disability or
cerebral palsy
ST - 51
3/25-UR PH-Blindness or low vision UR - 117
3/42-UR Ex-serviceman UR - 126
3/43-ST Ex-serviceman ST - 76
3/70-ST PH-Hearing impairment ST - 84
3/90-UR PH-Loco motor disability or
cerebral palsy
UR - 151
4/04-SC PH-Loco motor disability or
cerebral palsy
SC - 52
4/38-UR Ex-serviceman UR - 176
4/53-UR PH-Blindness or low vision UR - 184
4/77-ST PH-Hearing impairment ST - 117
4/99-ST Ex-serviceman ST - 124
15. Separate record shall be maintained for the physically handicapped
and ex-serviceman to give effect to the reservation policy as enumerated in
para 14 above.
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16. Except as provided under paragraph 14 and 15 above, all other matters
relating to reservation for the unreserved category of the Physically
handicapped and the Ex-serviceman shall be governed exclusively by
executive instructions to be issued by the Government from time to time and
not according to the provisions of this Act.]
R. M. MAJUMDER
UNDER SECRETARY TO THE
GOVERNMENT OF TRIPURA
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1. Substituted by the 2nd Amendment Act, 2005.