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Orissa Reservation Rules for SC/ST 1976

The document outlines the Orissa Reservation of Vacancies in Posts and Services Rules for Scheduled Castes and Scheduled Tribes, detailing the procedures for reservation, dereservation, and promotion within government jobs. It includes provisions for maintaining rosters, payment of travel allowances for candidates, and annual reporting requirements for government departments. The rules aim to ensure equitable representation and opportunities for Scheduled Castes and Scheduled Tribes in public service employment.

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Tamanna Biswal
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0% found this document useful (0 votes)
81 views10 pages

Orissa Reservation Rules for SC/ST 1976

The document outlines the Orissa Reservation of Vacancies in Posts and Services Rules for Scheduled Castes and Scheduled Tribes, detailing the procedures for reservation, dereservation, and promotion within government jobs. It includes provisions for maintaining rosters, payment of travel allowances for candidates, and annual reporting requirements for government departments. The rules aim to ensure equitable representation and opportunities for Scheduled Castes and Scheduled Tribes in public service employment.

Uploaded by

Tamanna Biswal
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

GOVERNMENT OF ORISSA

The Orissa Reservation of Vacancies in Posts and


Services (for Scheduled Castes and Scheduled
Tribes) Rules, 1976 (As amended by the Orissa
Reservation of Vacancies in Posts and
Services (for Scheduled Castes and
Scheduled Tribes) (Amendment)
Rules, 1984]

HARIJAN & TRIBAL WELFARE DEPARTMENT


22

TABLE OF CONTENTS

PAGE
Rules

1. Short title, extent and commencement

2. Definitions

3. Model Roster

4. Maintenance of Roster Register, etc.

5. Dereservation of Vacancies

6. Payment of Travelling Allowance

7. Promotion based on Selection

8. Annual Returns

9. THE SCHEDULE
Annexure Ito IV
23
TRIBAL & RURAL WELFARE DEPARTMENT
NOTIFICATION
The 18th June 1976
No. 19711-Emp. (i)-36/75-T.R.W.—In exercise of the powers conferred by sub-section (3) of
Section 1 of the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes
and Scheduled Tribes) Act, 1975 (Orissa Act 38 of 1975), the State Government do hereby
appoint the 1st day of July 1976 as the date on which the aforesaid Act shall come into force.

By order of the Governor


BHUPINDER SINGH
Secretary to Government

TRIBAL & RURAL WELFARE DEPARTMENT


NOTIFICATION -
The 18th June 1976
No. 19712-Ernp. (0-57/76-T.R.W.--Whereas the draft of certain rules further to amend
the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and
Scheduled Tribes) Rules, 1976 was published in the extraordinary issue of the Orissa Gazette
No. 198, dated the 16th February 1983 under the Notification of the Government of Orissa in
the Harijan & Tribal Welfare Department No. 3995-Legal-1/[Link]., dated the 15th February
1983 as S.R.O. No. 107/83, inviting objections and suggestions from ail persons likely to be
affected thereby till the expiry of a period of one month from the date of publication of the said
notification in the Official Gazette ;
And whereas, the objections and suggestions received in respect of the said draft within
the period so specified have been considered by the State Government;
Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 18 of
the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and
Scheduled Tribes), Act, 1975 (Orissa Act 38 of 1975), the State Government do hereby make
the following rules namely :-
Short title, 1. (1) These rules may be called "The Orissa Reservation of Vacancies in Posts and
extent and Services (for Scheduled Castes and Scheduled Tribes) Rules, 1976" [As amended by the
commence- Orissa Reservation of Vacancies in Posts and Services (for Schedule Castes and Scheduled
ment.
Tribes) (Amendment) Rules 1984].*
(2) They shall come into force on the date of their publication in the Orissa Gazette.**
Definition 2. In these rules, unless the context otherwise requires, -
(a) "Act" means the Orissa Reservation of Vacancies in Posts and Services (for
Scheduled Castes and Scheduled Tribes) Act, 1975 (as amended by O.R.V.
Amendment Act, 1982).
(b) "Form" means a Form set out in the appendix to these rules
(c) "Schedule" means 'the Schedule' appended to these rules ***
(d) "Section" means a section of the Act
(e) All other words and expressions used in the rules but not defined herein shall
have the same meaning as are respectively assigned to them in the Act.
Model Roster 3. The 'model roster' for initial recruitment and promotion shall be as prescribed in "the
Schedule' ****
*Substituted by Rule 1 (1) of the Amendment Rules, 1984 published in notification No. 2164—Emp. (v)-1!84-
[Link]., dated 20-1-1984.
** Came into force on the 3rd February 1984 vide Extraordinary Orissa Gazette No. 141, dated the
3rd February 1984.
*** Substituted by Rule 2 of the Amendment Rules, 1984
**** Substituted by Rule 3 of the Amendment Rules, 1984
24
4. (1) Registers shall be maintained in the forms prescribed in Appendix I and every
appointing authority shall treat vacancies as reserved and unreserved as indicated in the
model rosters prescribed in Rule 3.
(2) Separate registers shall be maintained for initial recruitment and promotion as well
as for each type of recruitment separately for each grade, or service or a group of posts.
(3) Within each category of posts, separate rosters may be maintained for permanent
and temporary appointments.
(4) Immediately after an appointment has been made, the particulars of the persons
appointed will be entered in the register in the appointment column and the entry signed by
the appointing authority or by the officer authorised to do so by the appointing authority.
(5) The roster will be maintained in the form of a running account year by year.
Explanation— If recruitment in a year stops at point 9 of a cycle, recruitment in the
following year will begin at point 10 and so on.
(6) The appointment of a temporary employee to a new temporary vacancy is a new
appointment and should be accounted for in the roster again.
(7) Within any year of recruitment, the conditions of eligibility by age or otherwise
should remain the same even if recruitment is made more than once in that recruitment year
that is, a person who was eligible on the 1st of April of a particular year shall not be disqualified
on the ground that he was no longer eligible by the time the relevant vacancy (against which
he could not be appointed) arose later in that recruitment year.
Dereservation 5. (1) Vacancies reserved for the Scheduled Castes and Scheduled Tribes
of vacancies: —in case of
initial recruitment' shall not be filled by general candidates without being dereserved in
accordance with the following procedure :—
(a) (0 All vacancies except those which are required to be filled under statutory
rules on through the Orissa Public Service Commission shall be notified to
the local Employment Exchange in the form of requisition as prescribed under
the Employment Exchange (Compulsory Notification of Vacancies) Rules,
1960. Simultaneously, a copy of the requisition in case of vacancies in.
Departments of Government or Heads of Department shall be sent to Tribal &
Rural Welfare Department, and in case of vacancies in subordinate offices to
the District Welfare Officer concerned.
(ii) The number of vacancies reserved for Scheduled Castes and Scheduled Tribes
out of the total vacancies notified shall be clearly indicated in the requisition
furnished to the Employment Exchange.
(iii) If sufficient number of Scheduled Caste or Scheduled Tribe candidates are
not available through the Employment Exchange to fill up to the vacancies
reserved for them, the vacancies shall be advertised by the appointing
authorities after getting a clearance certificate from the Employment Exchange.
(iv) While notifying or advertising reserved vacancies it shall be made clear that
while the vacancies are reserved for Scheduled Tribes (or Scheduled Castes)
Scheduled Caste candidates would also be eligible for consideration in the
event of non-availability of suitable Scheduled Tribes candidates and vice versa.
(v) In case suitable Scheduled Caste or Scheduled Tribe candidates are not
available to fill up the reserved vacancies even after issue of advertisement,
such vacancies shall be dereserved in accordance with the principles laid
down in sub-clause (vi).
(vi) Dereservation of vacancies shall be made by an appointing authority with the
prior approval of the authority next above the appointing authority. After such
dereservation has been made the appointing authority shall, in case of de-
reservation of vacancies in a District Office intimate the fact to the District
Collector concerned and in the case of dereservation of vacancies in an office
of the Head of a Department or a Department of Government to the Tribal &
Rural Welfare Department along with a certificate to the effect that he has
followed procedure laid down in this connection with regard to dereservation.
* Inserted by Rule 4 (a) of the Amendment Rules, 1984.
25
(b) The procedure of dereservation stated in sub-clause (vi) of clause (a) shall also
apply to vacancies to be filled otherwise than through the Employment Exchange.
*(2) In case of promotion on the basis of seniority subject to fitness, the vacancies
reserved for Scheduled Castes and Scheduled Tribes and remaining unfilled on the ground of
non-availability of candidates belonging to these communities, shall not be filled up without
being dereserved by the appointing authority by taking orders of the next higher authority.
**(3) In case of promotion based on selection from Class III posts to Class II posts,
within Class II posts, from Class II posts to Class I posts and from posts in the lowest rung of
Class I, the reserved vacancies remaining unfilled, if any, shall be filled up by general candidates.
Payment of 6. The Scheduled Caste and Scheduled Tribe candidates shall be paid travelling allowance
travelling at the following rates to attend competitive recruitment examination, written test or interview :—
allowance.
(1) Scheduled Tribe and Scheduled Caste candidates appearing for examination/
interview for Class I and Class II posts will be eligible for reimbursement of train fare by second
class/bus fare if such fare for journeys to and fro from the place of residence to the place of
examination/interview exceeds rupees twenty.
(2) For journeys performed by Scheduled Tribes and Scheduled Caste candidates
appearing for examination/interview for recruitment to Class III and Class IV posts, train fare
by second class/bus fare will be admissible in case such fare exceeds rupees ten.
(3) The reimbursement will be made by the executive authority on receipt of a written
statement in the form set out in Appendix II signed by the candidate to the effect that he/she
has actually performed the journey'nd paid the fare which is reimbursed.
(4) Scheduled Tribe and Scheduled Caste candidates will be eligible for reimbursement
of travelling allowance for appearing at examination/interview for a particular post for three
occasions only.
(5) The above concessions will not be admissible to Scheduled Caste and Scheduled
Tribe candidates who are already in service under the State Government or Central Government.
Promotion 7. In promotion made by selection where the element of direct recruitment does not
based on exceed fifty per cent, the following procedure shall be followed for filling up reserved vacancies:—
selection.
(a) Promotion from Class III to Class II, within Class II, from Class II to Class I and
within Class I —
(i) Selection against vacancies reserved for Scheduled Tribes and Scheduled Castes
will be made only from those Scheduled Tribe and Scheduled Caste Officers
who are within the *** "Common zone of consideration numbering five times the
estimated number of vacancies."
(ii) If candidates from Scheduled Castes and Scheduled Tribes obtain on the basis
of merit with due regard to seniority on the same basis as others, less number
of vacancies than that reserved for them, the difference shall be made up by
selecting candidates of these communities who are in the zone of consideration
irrespective of merit but who are considered fit for promotion.
(iii) A select list shall then be prepared in which the names of all the selected officers
general as well as those belonging to Scheduled Tribes and Scheduled Caste,
are arranged in the order of merit and seniority by placing the names in the three
categories viz., 'Outstanding', 'Very good' and 'Good' in that order without disturbing
the seniority inter se within each category. This select list shall thereafter, be
followed for making promotions in vacancies as and when they arise during the year.
(iv) The "Select List" shall be periodically reviewed. The names of those officers who
have already been promoted '(otherwise than on a local or purely temporary
basis) and continue to officiate, shall be removed from the list and the rest of the
names along with others who may now be included in the field of choice shall be
considered for the "Select List" for the subsequent period.
*** Substituted by Rule 4 (2) of the Amendment Rules, 1984
**** Substituted by Rule 4 (3) of the Amendment Rules, 1984
Inserted by Rule 5(i) of the Amendment Rules, 1984
26

(v) Where promotions in the above manner are first made on a long-term officiating basis,
confirmation shall be made according to the general rule, viz., that an officer who has
secured earlier officiating promotion on the basis of his place in the select list should
also be confirmed earlier, and thus enabled to retain the advantage gained by him,
provided that he maintains an appropriate standard.
*(b) Promotion to Class III posts and within Class III posts —
For such posts, the select list of Scheduled Caste and Scheduled Tribe Officers
shall be drawn up from among the officers coming under the separate zone of
consideration numbering five times the estimated number of reserved vacancies
to be filled up. Such of the Scheduled Caste and Scheduled Tribe candidates
found fit for promotion shall be included in the list irrespective of their merit as
compared to other officers. Promotion against reserved vacancies shall be subject
to the candidate satisfying the prescribed minimum standard.
Annual
8. (1) Each appointing authority shall furnish by the 31st of. July every year to the
Returns.
Department of Government concerned—
(a) a statement in the Form given in Appendix Ill showing the total number of Government
servants and the number of Scheduled Castes and Scheduled Tribes amongst them
as on 1st April of the year ;
(b) a statement in the Form given in Appendix IV showing the particulars of recruitment
during the year ending 31st March and the number filled by Scheduled Castes and
Scheduled Tribes.
(2) Each Department of Government shall furnish to the Tribal & Rural Welfare Department
by 31st October every year—
(a) a statement in the Form given in Appendix III in respect of all offices under its control
including its own ;
(b) a consolidated statement in the Form given in Appendix IV in respect of all offices
under its control including its own ;
(c) in the statements referred to in Rule 8 (2), (a) and (b), Department of Government,
Heads of Department and subordinate offices shall be shown separately.
**9. In the said rules, for Schedule A and Schedule B the following Schedule shall be
substituted, namely :--

THE SCHEDULE
(See Rule 3)
Model Roster of 100 points showing the points to be reserved for Scheduled Castes and Scheduled
Tribes in initial appointment as well as promotion to posts and services in the State.
Reserved quota 38 per cent
Scheduled Castes 15 per cent
Scheduled Tribes 23 per cent

Scheduled Scheduled
Tribes Castes

1 3

6 11

10 16

* Substituted by Rule 5(i) of the Amendment Rules, 1984


* Substituted by Rule 6 of the Amendment Rules, 1984
27
Scheduled Scheduled
Tribes Castes
14 24
18 30
23 37
27 43
31 50

36 56

40 63
44 ' 70

49 76

53 83

58 90

62 96

66

71

75

79

84

88

92

97

NOTE-If there are only two vacancies to be filled in a particular year, not
more than one may be treated as reserved. If there be only one vacancy, in a
particular year which falls on a reserved point in the roster, it will be treated as
unreserved in the first instance and filled accordingly but the reservation shall be
carried forward to subsequent year (s). In the subsequent year (s) the reservation
shall be applied by treating the vacancy arising in that year as reserved even
though there might by only a single vacancy in that subsequent year (s).
28

APPENDIX I
[(See Rule 4 (1)]
Form of register to be maintained to give effect to Roster for reservation in initial Recruitment
and Promotion in posts and services for Scheduled Castes and Scheduled Tribes.

Name of Office

Grade of Posts

Permanent/Temporary

Reservation brought forward Recruitment Roster point General or Name of the


from previous year year No. reserved for person
Scheduled Scheduled S. C./S. T. appointed
Caste Tribe according and date of
to Roster appointment
(1) (2) (3) (4) (5) (6)

Whether S. C. or Reservation carried forward Signature of Remarks


S. T., if not Scheduled Caste Scheduled Tribe appointing
Say neither authority or
other authorised
officer
(7) (8) (9) (10) (11)
29

APPENDIX II
[(See Rule 6 (3)]
Form of Certificate

This is to certify that I, Shri/Shrimati/Kumari


, son/wife/
daughter of Shri
of village/town
in the district of
at piesent residing at in the
-district of belonging to Caste/Tribe under the Orissa
Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, appeared at the
examination/interview conducted on
at
by
and paid the bus and train fares as follows :—

(1) Bus fare

(2) Train fare by Second Class

Signature of candidate
Place

Date

APPENDIX III
(See Rule 8)

Statement showing the total number of posts in different grades and the number of Scheduled
Castes and Scheduled Tribes amongst them as on the 1st April 19....

Office

Classification of Total No. Number of Remarks


posts/services as on 1st
(alongwith grades April 19— Scheduled Castes Scheduled Tribes
in each class) Number Percentage Number Percentage
(1) (2) (3) (4) (5) (6) (7)

SC -S'
30

APPENDIX IV
(See Rule 8)

Statement showing the distribution of vacancies filled up during the period from
to

Office

Permanent/Temporary

Classification of Total No. Number of Remarks


posts/services of vacancies
(alongwith grades filled up Scheduled Castes Scheduled Tribes
in each class) during the Number Percentage Number Percentage
period
(1) (2) (3) (4) (6)
(5) (7)

By order of the Governor


BHUPINDER SINGH
Secretary to Government

Common questions

Powered by AI

The Orissa Reservation of Vacancies in Posts and Services Act, 1975, aims to ensure adequate representation of Scheduled Castes and Scheduled Tribes in government services by reserving specific vacancies for these communities . This impacts recruitment by requiring vacancies to be split between reserved and unreserved categories as indicated in model rosters. The act mandates procedures for filling these posts and directs how vacancies should be advertised and de-reserved if candidates are unavailable, impacting the overall structure and fairness of recruitment processes in government offices .

The 'model roster' is a systematic tool used to manage reservations in government recruitment. It details the specific points to be reserved for Scheduled Castes and Scheduled Tribes, ensuring these groups receive allocated placements consistently. The model roster is maintained as a running account and considers factors like recruitment cycles across years for seamless application of reservation policies .

The rules require each appointing authority to submit annual returns by July 31st to the respective government department, detailing the number of employees and vacancies filled by Scheduled Castes and Scheduled Tribes. Additionally, departments must send consolidated statements to the Tribal & Rural Welfare Department by October 31st covering all offices under their control. This structured reporting ensures accountability and helps assess the effectiveness of the reservation policy .

The 1984 amendment rules introduced changes like reposting certain definitions, altering the 'model roster' to reflect updated reservation points, and addressing specific operational procedures such as the dereservation of vacancies. Thus, they refined and updated the framework for ensuring compliance with the reservation act, ensuring clarity and addressing practical recruitment scenarios .

The rules provide for the reimbursement of traveling allowances to Scheduled Caste and Scheduled Tribe candidates attending competitive recruitment examinations. This includes reimbursement for train or bus fare exceeding specific amounts, with conditions like reimbursement for three occasions only and excluding candidates already in government service .

Employment Exchange plays a crucial role by serving as the primary point of vacancy notification for recruitment under the reservation policy. It helps in sourcing suitable candidates from Scheduled Castes and Scheduled Tribes by maintaining an updated list of vacancies and ensuring that these are communicated to relevant government departments, supporting the integrity of recruitment processes .

The procedures involve establishing a 'zone of consideration' and selecting candidates based on a merit list that accounts for reservation needs. Promotions are executed by considering Scheduled Castes and Scheduled Tribes candidates within this zone, even if it requires overstepping general merit criteria, ensuring their representation across various classes of posts (e.g., Class III to Class I). A Select List is periodically reviewed to ensure it remains up-to-date .

Challenges could include bureaucratic delays in obtaining approvals for dereservation, as it requires prior consent from higher authorities. The need for clear communication with multiple departments to ensure proper notification and recording can complicate adherence to prescribed procedures. Potential protests or legal challenges from affected communities if the dereservation process is perceived as improper or unjust .

The rules state that vacancies reserved for Scheduled Castes and Scheduled Tribes should not be filled by general candidates without being dereserved first. Specific procedures include notifying vacancies to the Employment Exchange, advertising them if candidates are unavailable, and obtaining permission from a higher authority for dereservation. The appointing authority must confirm with the Tribal & Rural Welfare Department and provide a certificate after following the laid-down procedure .

Temporary appointments are managed by treating them as new appointments and ensuring they are accounted for in the recruitment roster again. Separate rosters may be maintained for permanent and temporary appointments, and temporary appointments to new vacancies must also follow the reservation framework .

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