(i) A post-based Roster Register shall be maintained to give effect to the reservation of vacancies for Scheduled Castes and Scheduled Tribes. Such roster shall be based on the Model Roster as per Schedule I and II appended to this Act and shall be adopted for the purpose by each Establishment in such manner that the prescribed percentage of reservation is maintained in each cadre;
(ii) Each Appointing authority shall prepare and notify the roster based on the principles laid down in this Act and maintain Roster Register in a manner containing such number of points as are equivalent to the number of posts in a cadre. In case of any increase or decrease in the cadre strength, the roster shall correspondingly by expanded or contracted;
(iii) The roster is to be operated on the principle of replacement and not as a running account. In other words, the points at which reservation for different categories applies are fixed as per the roster and vacancies caused by retirement etc. of persons occupying those points shall be filled up by appointment of persons of the respective categories;
1. Subs. by Assam Act No. XIX of 2012.
2. Ins. by Assam Act No. XIX of 2012.
5
(iv) Separate rosters are to be maintained for giving effect to reservation in direct recruitment and promotion;
(v) Cadre, for the purpose of a roster, shall mean a particular grade and shall comprise the number of posts to be filled by a particular mode of recruitment in terms of the applicable recruitment rules. Thus in a cadre of say, 100 posts, where the recruitment rules prescribe a ratio of 50:50 for direct recruitment and promotion, two rosters-one for direct recruitment and one for promotion (when reservation in promotion applies)- each comprising 50 points shall be drawn up on the lines of the respective rosters ;
(vi) Since reservation does not apply to transfer on deputation or transfer, where the recruitment rules prescribe a percentage of posts to be filled by this method, such posts shall be excluded while preparing the rosters;
(vii) Appointments of candidates belonging to Scheduled Castes and Scheduled Tribes which were made on merit and not due to reservation, are not to be counted towards reservations so far as direct recruitment is concerned. In other words, they are to be treated as general category appointments;
(viii) For initial adoption of this post based roster, the existing backlog vacancies in a cadre where the prescribed percentage of reservation for the Scheduled Castes and the Scheduled Tribes has not been achieved as per post-based roster prepared under this Amendment Act, shall be considered as vacancies released by recruitment, resignation, promotion etc.
of the persons belonging to the said reserved categories and the same are to be filled up by direct recruitment or by promotion of eligible persons from the respective categories by special drive so that the prescribed percentage of reservation is maintained;
(ix) Before making an appointment by direct recruitment, the Appointing authority shall ascertain by consulting the Roster Register maintained by each Establishment, whether the post is reserved or unreserved and if it is reserved, for whom it is so reserved. Immediately after an appointment is made, the particulars thereof shall be entered in the Roster Register and signed by the Appointing authority;
(x) In the absence of a qualified Scheduled Castes or Scheduled Tribes candidate, as the case may be, in a particular year, the vacancy shall be carried forward and filled up in the next year;
6
(xi) Every Establishment shall prepare and notify the roster for each cadre equivalent to the number of posts with the concurrence of the Personnel Department and Welfare of Plains Tribes and Backward Classes Department;
(xii) The roster shall be maintained separately for permanent and temporary posts;
(xiii) A vacancy caused due to any reason whatsoever, except termination of service during probation, shall be treated as a fresh vacancy;
(xiv) A candidate who claims to be a member of the Scheduled Castes or the Scheduled Tribes shall support his candidature by a Certificate from Deputy Commissioner/Sub-Divisional Officer or from such other authority as may be prescribed by rules made under the Act.]
Power to exempt.
6. If the State Government is of opinion that the reservation for members of the Scheduled Castes or 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 Caste and Scheduled Tribes the State Government may by notification in the Official Gazette, exempt such service or post from the provisions of this Act.
Penalty. 7. If an appointing authority makes an appointment in contravention of the provisions of Section 4 or Section 5, he shall be punishable with fine which may extend to one thousand rupees and the State Government may also draw up proceedings against the respective Head of the Department asking for show cause and for further punishment :
Provided that nothing contained In this Section shall apply in relation to an appointment to any service or post of which the appointing authority is the Governor.
Cognizance of offences.
8. No prosecution for an offence under this Act shall be instituted except by, or with the sanction of the State Government.
Protection of action taken in good faith.
9. 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.
Removal of difficulties.
10. If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders not inconsistent with the provisions of this Act, as the State Government may consider necessary for removing the difficulty.
7 Power to amend the schedule.
11. The State Government may, by order publish in the Official Gazette, add to, amend or alter the Schedule.
Submission of annual Report maintenance of other records and inspection thereon.
12. (1) Every appointing authority shall maintain such records as may be prescribed by rules made in this behalf and shall furnish to the State Government in the prescribed manner an annual report on the appointments made by it during the previous financial year.
(2) Any officer authorised by the State Government in that behalf may inspect any records or document which are maintained in relation to appointments made by such appointing authority.
(3) It shall be the duty of the appointing authority to produce such records or documents for inspection by the officer authorised under sub-section (2), and furnish such information or afford such assistance as may be necessary for him to carry out his functions under this Act.
(4) Notwithstanding anything contained in the Assam Civil Services (Conduct) Rules, 1965, any member of any Scheduled Castes or any Scheduled Tribes who is adversely affected on account of non-compliance with the provisions of this Act or the rules made thereunder by any appointing authority, may bring the fact to the notice of the State Government and upon application made by him the State Government may call such records or take such action thereon as it may think fit.
Power to make rules.
13. (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 power such rules may provide for all or any of the following matters, namely :-
(a) Form in which every establishment shall submit annual report to the State Government regarding the number of person recruited in such establishment.
(b) Any other matter which has to be or may be prescribed by rules made in this behalf.
8 1 [Saving. 14. Notwithstanding anything to the contrary contained under the provisions of this Act, anything done, any action taken or any order made under the provisions of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978, shall be deemed to have been validly done, taken or made under the corresponding provisions of this Act.]
Assam Act XII of
1979.
2 ["SCHEDULE-I” (See Section 5 A) MODEL 100 POINT ROSTER
1. While preparing the roster, each establishment shall have to keep in mind the number of posts in the cadre and required percentage to be maintained for the Scheduled Castes and Scheduled Tribes in the cadre so that the prescribed percentage can be achieved.
2. The reservation have to be determined with reference to the laid down percentage in the cadre.
3. When the prescribed percentage of the reservation in a cadre is achieved, the running accounts have to come to an end.
4. Thereafter, the posts shall have to be filled up on the principle of substitution or replacement.
1. Ins. by Assam Act No. XIX of 2012.
2. Subs. by Assam Act No. XIX of 2012.
9 If the total number of post in a cadre is assumed as 100 post, the Model Roster for the same shall be as follows- Model 100 POINTS ROSTER Sl. No. Post Share of representation Category for which the post should be earmarked Category ST(P) SC ST(H) Percentage 10% 7% 5% 1 0.1 0.07 0.05 UR 2 0.2 0.14 0.1 UR 3 0.3 0.21 0.15 UR 4 0.4 0.28 0.2 UR 5 0.5 0.35 0.25 ST(P)-l 6 0.6 0.42 0.3 UR 7 0.7 0.49 0.35 UR 8 0.8 0.56 0.4 SC-1 9 0.9 0.63 0.45 UR 10 1 0.7 0.5 ST(H)-l 11 1.1 0.77 0.55 UR 12 1.2 0.84 0.6 UR 13 l.3 0.91 0.65 UR 14 1.4 0.98 0.7 UR 15 1.5 1.05 0.75 ST(P)-2 16 1.6 1.12 0.8 UR 17 1.7 1.19 0.85 UR 18 1.8 1.26 0.9 UR 19 1.9 1.33 0.95 UR 20 2 1.4 1 UR 21 2.1 1.47 1.05 UR 22 2.2 1.54 1.1 SC-2 23 2.3 1.61 1.15 UR 24 2.4 1.68 1.2 UR 25 2.5 1.75 1.25 ST(P)-3 26 2.6 1.82 1.3 UR 27 2.7 1.89 1.35 UR 28 2.8 1.96 1.4 UR 29 2.9 2.03 1.45 UR 30 3 2.1 1.5 ST(H)-2 31 3.1 2.17 1.55 UR 32 3.2 2.24 1.6 UR 33 3.3 2.31 1.65 UR 34 3.4 2.38 1.7 UR 35 3.5 2.45 1.75 ST(P)-4 36 3.6 2.52 1.8 SC-3 37 3.7 2.59 1.85 UR 38 3.8 2.66 1.9 UR 39 3.9 2.73 1.95 UR 40 4 2.8 2 UR 10 41 4.1 2.87 2.05 UR 42 4.2 2.94 2.1 UR Sl. No. Post Share of representation Category for which the post should be earmarked Category ST(P) SC ST(H) Percentage 10% 7% 5% 43 4.3 3.01 2.15 UR 44 4.4 3.08 2.2 UR 45 4.5 3.15 2.25 ST(P) 46 ***** ****** ***** ***** 47 4.7 3.29 2.35 UR 48 4.8 3.36 2.4 UR 49 4.9 3.43 2.45 UR 50 5 3.5 2.5 ST(H)-3 51 5.1 3.57 2.55 SC-4 52 5.2 3.64 2.6 UR 53 5.3 3.71 2.65 UR 54 5.4 3.78 2.7 UR 55 5.5 3.85 2.75 ST(P)-6 56 5.6 3.92 2.8 UR 57 5.7 3.99 2.85 UR 58 5.8 4.06 2.9 UR 59 5.9 4.13 2.95 UR 60 6 4.2 3 UR 61 6.1 4.27 3.05 UR 62 6.2 4.34 3.1 UR 63 6.3 4.41 3.15 UR 64 6.4 4.48 3.2 UR 65 6.5 4.55 3.25 ST(P)-7 66 6.6 4.62 3.3 SC-5 67 6.7 4.69 3.35 UR 68 6.8 4.76 3.4 UR 69 6.9 4.83 3.45 UR 70 7 4.9 3.5 ST(H)-4 71 7.1 4.97 3.55 UR 72 7.2 5.04 3.6 UR 73 7.3 5.11 3.65 UR 74 7.4 5.18 3.7 UR 75 7.5 5.25 3.75 ST(P)-8 76 7.6 5.32 3.8 UR 77 7.7 5.39 3.85 UR 78 7.8 5.46 3.9 UR 79 7.9 5.53 3.95 SC-6 80 8 5.6 4 UR 81 8.1 5.67 4.05 UR 82 8.2 5.74 4.1 UR 83 8.3 5.81 4.15 UR 84 8.4 5.88 4.2 UR 85 8.5 5.95 4.25 ST(P)-9 86 8.6 6.02 4.3 UR 87 8.7 6.09 4.35 UR 11 88 8.8 6.16 4.4 UR Sl. No. Post Share of representation Category for which the post should be earmarked Category ST(P) SC ST(H) Percentage 10% 7% 5% 89 8.9 6.23 4.45 UR 90 9 6.3 4.5 ST(H)-5 91 9.1 6.37 4.55 UR 92 9.2 6.44 4.6 UR 93 9.3 6.51 4.65 SC-7 94 9.4 6.58 4.7 UR 95 9.5 6.65 4.75 ST(P)-10 96 9.6 6.72 4.8 UR 97 9.7 6.79 4.85 UR 98 9.8 6.86 4.9 UR 99 ****** ****** ****** *****
SCHEDULE-II [See Section 5A] MODEL POST BASED ROSTER FOR CADRES HAVING NUMBER OF POST 13 OR LESS THAN 13.
The roster showing 9 posts with one vacancy i.e. the 10 th post going to ST (H) will always give a percentage of 30 for reserved categories. Slight variation at one or two points is inevitable for maintaining the prescribed percentage of 22%. As such a Model Roster is prepared for cadres having 13 or lesser posts with 14th post going to ST (H) is prepared and shown below for guidance of each Establishment:
Model Post Based Roster for cadres having number of posts 13 or less than 13.
12 Rotations:
Cadre Strength Initial Recruitment 1 2 3 4 5 6 7 8 9 10 11 12 13 1 1 2 3 4 5 STP 6 7 8 SC 9 10 11 12 13 14 STH 2 2 3 4 5 STP 6 7 8 SC 9 10 11 12 13 14 STH 3 3 4 5 STP 6 7 8 SC 9 10 11 12 13 14 STH 4 4 5 STP 6 7 8 SC 9 10 11 12 13 14 STH 5 5 STP 6 7 8 SC 9 10 11 12 13 14 STH 6 6 7 8 SC 9 10 11 12 13 14 STH 7 7 8 SC 9 10 11 12 13 14 STH 8 8 SC 9 10 11 12 13 14 STH 9 9 10 11 12 13 14 STH 10 10 11 12 13 14 STH 11 11 12 13 14 STH 12 12 13 14 STH 13 13 14 STH]