Uttar Pradesh act 004 of 1994 : The UTTAR PRADESH PUBLIC SERVICE (RESERVATION FOR SCHEDULED CASTES, SCHEDULED AND OTHER BACK-WARD CLASSES) ACT,1994

Section 1.Short title and commencement

(1) This Act may be called the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994.

Section 2.Definitions

In this Act

(a) appointing authority in relation to public services and posts means the authority empowered to make appointment to such services or posts : ¹[(b) other backward classes of citizens means the backward classes of citizens specified in Schedule 1;]

²[ clauses (b-1), (b-2) and (b-3) shall be omitted.]

(c) public services, and posts means the services and posts in connection with the affairs of the State and includes services and posts in

(i) a local authority:

1Subs by sec 2(a) of U.P.Act No 1 of 2002(w.e.f. 31-08-2002)

2Omitted by sec 2(b) of U.P.Act No 1 of 2002(w.e.f. 31-08-2002)

(ii) a co-operative society as defined in clause (f) of section 2 of the Uttar Pradesh Co-operative Societies Act, 1965 in which not less than fifty-one percent of the share capital of the society is held by the State Government

: (iii) a Board or a Corporation or a statutory body established by or under a central or a Uttar Pradesh Act which is owned and controlled by the State Government, or a Government company as defined in section 617 of the Companies Act, 1956 in which not less than fifty-one percent of the paid up share capital is held by the State Government :

(iv) an educational institution owned and controlled by the State Government or which receives grants in aid from the State Government, including a university established by or under a Uttar Pradesh Act, except an institution established and, administered by minorities referred to in clause (1) of Article 30 of the Constitution ;

(v) respect of which reservation was applicable by Government orders on the date or the commencement of this Act and which are not covered under sub-clauses (i) to (iv) ;

(d) year of recruitment in relation to a vacancy means a period of twelve months commencing on the first of July of a year within which the process of direct recruitment against such vacancy is initiated.

Section 3.Reservation in favour of Scheduled Cast, Scheduled Tribes and other Backward Classes

²[1 In public services and posts, there shall be reserved at the stage of direct recruitment, the following percentages of vacancies to which recruitment are to be made in accordance with the roster referred to in sub-section (5) in favour of the persons belonging to Scheduled Castes, Scheduled Tribes and other backward classes of citizens,

(a)in the case of Scheduled Castes twenty one percent :

(b)in the case of Scheduled Tribes two percent :

(c)in the case of other backward twenty seven percent: classes of citizens Provided that the reservation under clause (c) shall not apply to the category of other backward classes of citizens specified in Schedule II. Provided further that reservation of vacancies for all categories of persons shall not exceed in any year of recruitment fifty per cent of the total vacancies of that year as also fifty percent of the cadre strength of the service to which the recruitment is to be made ;

(2 ) If, in respect of any year of recruitment any vacancy reserved for any category of persons under sub-section (1) remains unfilled, such vacancy shall be carried forward and be filled through special recruitment in that very year or in succeeding year or years of recruitment as a separate class of vacancy and such class of vacancy shall not be considered together with the vacancies of the year of recruitment in which it is filled and also for the purpose of determining the ceiling of fifty per cent reservation of the total vacancies of that year notwithstanding anything to the contrary contained in sub-section (1);] ²3 where a suitable candidate belonging to the Scheduled Tribes or Scheduled Castes, as the case may be, is not available in a recruitment either under sub-section (1) or sub-section (2) the vacancy reserved for him may be filled in such recruitment, from amongst the suitable candidates belonging to the Scheduled Castes or Scheduled Tribes, as the case may be, and as soon as a vacancy earmarked in the roster referred to in sub-section (5) for the Scheduled Castes or Schedule Tribes, as the case may be, arises such person belonging to Scheduled Castes or Scheduled Tribes, as the case may be, shall be adjusted against such vacancy of his own category.]

³ sub-section (3-A), (3-B) shall be omitted.

⁴(4)ic9604sub-suction (4) shall be omitted.]

⁵(5) The State Government shall for applying the reservation under sub-section (1), by a notified order, issue a roster comprising the total cadre strength of the public service or post indicating therein the reserve points, and the roster so issued shall be implemented in the form of a running account from year to year until the reservation for various categories of persons mentioned in sub-section (1) is achieved and the operation of the rooster and the running account shall, thereafter, come to an end, and when a vacancy arises thereafter in public service or post the same shall be filled from amongst the persons belonging to the category to which the post belongs in the roster. (6) If a person belonging to any of the categories mentioned in sub-section (1) gets selected on the basis of merit in an open competition with general candidates, he shall not be adjusted against the vacancies reserved for such category under sub-section (1).
/hr (7)[ ****]⁶

2 Subs by sec 2 of U.P.Act No 45 of 2007 (w.e.f. 25-08-2007)
3Subs by sec 3a(i) of U.P.Act No 1 of 2002 (w.e.f. 31-08-2002)
4 Omitted by sec 3b(ii) of U.P.Act No 1 of 2002 (w.e.f. 31-08-2002
5Subs by sec 3c of U.P.Act No 1 of 2002 (w.e.f. 31-08-2002)
6Omitted by sec 2 of U.P.Act No 1 of 2013 (w.e.f. 07-05-2012)

Section 4.Responsibility and powers of compliance of the Act

The State Government may, by notified order, entrust the appointing authority or any officer or employee with the responsibility of ensuring the compliance of the provisions of this Act.

(2) The State Government may, in the like manner, invest the appointing authority or officer or employee referred to in subsection (l) with such powers or authority as may be necessary for effectively discharging the responsibility' entrusted to him under subsection (1).

Section 5.Penalty

(1) Any appointing authority or officer or employee entrusted with the responsibility under sub-section (1) of section 4 who willfully acts in a manner intended to contravene or defeat the purpose of this Act shall on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or both.

(2) No court shall take cognizance of an offence under this section except with the previous sanction of the State. Government or an officer authorized in this behalf by the State Government by an order.

(3) An offence punishable, under sub-suction (1) skill be tried summarily by a Metropolitan Magistrate or a Judicial Magistrate of the first (lass and the provisions of sub-section (1) of section 262, section 263,section 264 and section 265 of the code of criminal Procedure, 1973 shall mutatis mutandis apply.

Section 6.Power to call for record

If it comes to the notice of the State Government, that any person belonging to any of the categories mentioned in sub-section (I) of section 3 has been adversely affected on account of non compliance of the provisions of this Act or the rules made there under or the Government orders in this behalf by the appointing authority, it may call for such records and take such action as it may consider necessary

Section 7.Representation in Selection Committee

The State Government may by order, provide for nomination of officers for giving representation to the Scheduled Castes, Scheduled Tribes, and other backward classes of citizens in the Selection Committee to such extent and in such manner as it may consider necessary where such Committee is constituted either under the service rules or otherwise.

Section 8.Concession and relaxation

The State Government may, in favor of the categories of persons mentioned in sub-section (1) of section 3 by order, grant such concessions in respect of fees for any competitive examination or interview and relaxation in upper age limit, as it may consider necessary.

(2) The Government orders' in force on the date of the commencement of this Act, in respect of concessions and relaxations, including concession in fees for any competitive examination or interview and relaxation In upper age limit and those relating to reservation direct recruitment and promotion. in favor of categories of persons referred to in sub-section (1) which are not in consistent with the provisions of this Act shall continue to be applicable till they are modified or revoked, as the' case may be.

Section 9.Caste Certificate

For the purpose of reservation provided under this Act caste certificate shall be issued by such authority or officer and in such manner and form as the State Government may, by order provide.

Section 10.the State Government may

- If any difficulty arises in giving effect to the provisions of this Act

Section 11.Protection of action taken is good faith

No suit, prosecution or other legal proceedings shall lie against the State Government or any .person for anything which is in good faith done or intended to be done, in pursuance of this Act or the rules made there under.

Section 12. Power to make rules

The State Government may, by notification make rules for carrying out the purposes of this Act.

Section 13.Power to amend the Schedules

The State Government may, by notification amend the Schedules and upon the publication of such notification in the Gazette, the Schedules shall he deemed to be amended accordingly

Section 14. Laying of Order etc.

- Every order made under sub-section (5) of section 3, sub- section (1) and (2) of section 4 and section 10 and every notification issued under section 13 shall be laid, as soon as may be, before both the Houses of State Legislative and the provisions of sub-section (1) of section 23-A of the Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in respect of rules made by the State Government under any Uttar Pradesh Act.

15. (1) The provisions of this Act shall not apply to cases in which selection process has been initiated before we commencement of this Act and such cases shall be dealt with in accordance with the provisions of law and Government orders as they stood before such commencement. Explanation: For the purposes of this sub-section the selection process shall be deemed to have been initiated where, under the relevant service rules, recruitment is to be made on the basis of—

(i) written test or interview only, the written test of the interview, As the case may be, has started, or

(ii) both written test, and interview, the written test has started.

(2) The provisions of this Act shall not apply to the appointment, to be made under the Uttar Pradesh Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974.

16. (1) Repeal and Saving- The Uttar Pradesh Public Services (Reservation for Backward Classes) Act, 989, The Uttar Pradesh Public Services (Reservation for Scheduled Castes and Scheduled Tribes) Act,1993 and the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Ordinance, 1994 are hereby repealed.