(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, Extraordinary, 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.