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Section 5

The Orissa Reservation of Vacancies in Post and Services Act, 1975State Act of Odisha · Act 977 of 1975

(1) The State -Government shall prescribe model rosters indicating the number of vacancies to be reserved for the Scheduled Castes and the Scheduled Tribes and the number to be left unreserved.

(2) The appointing authorities shall maintain rosters in the prescribed form.

(3) The rosters shall be consulted for ascertaining the number of reserved vacancies but the appointments shall be made in accordance with the order of precedence as shown in the select list.

1. Substituted by the Orissa Act 9 of 1982, Section 3

2. Inserted by the Orissa Act 15 of 1993, Section 2 Exchange of reservation between the Scheduled Castes and Scheduled Tribes.

6. The reserved vacancies in appointments shall be exchanged between the Scheduled Castes and Scheduled Tribes in the event of non-availability of candidates from the respective communities but vacancies reserved for a particular community shall continue to be reserved for that community only for two recruitment years and if candidates are not available for appointment, in particular reserved vacancies in the third year the vacancy so filled by exchange shall be treated as reserved for the candidates of that particular community who are actually appointed :

1[Provided that nothing in this section shall apply to reserved vacancies in appointments in respect of Class III and Class IV Posts and Services.]

Carry forward of reservation and de-reservation

7. If, in any recruitment year, the number of candidates either from Scheduled Castes or Scheduled Tribes is less than the number of vacancies reserved for them even after exchange of reservation between the Scheduled Castes and Scheduled Tribes, the remaining vacancies may be filled up by general candidates after dereserving the vacancies in the prescribed manner but the vacancies so dereserved may be carried forward to subsequent three years of recruitment :

Provided that in the years following the recruitment year the normal reserved vacancies together with the vacancies carried forward shall not exceed fifty per cent of the total number of vacancies of the year in which recruitment is made and the excess over fifty per cent of the reserved vacancies shall be carried forward to subsequent years of recruitment.

2[Provided further that the provisions of this section shall not apply to the reserved vacancies to be filled up by promotion on the basis of selection where such promotion is to be made—

(a) from Class III Posts to Class II posts,

(b) within Class II posts,

(c) from Class II posts to Class I posts, and

(d) from posts in the lowest rung of Class I ] 3[Provided also that nothing in this section shall apply to the vacancies reserved in respect of Class III and Class IV posts. If candidates are not available for filling up such reserved vacancies these remaining vacancies shall be filled up by holding fresh recruitment only from candidates belonging to the Scheduled Castes or the Scheduled Tribe, as the case may be, and such sub-section(5) of Section 9 shall not apply to such vacancies.]

1. Inserted by the Orissa Act 11 of 1992, Section 2

2. Added by the Orissa Act 9 of 1982, Section 4

3. Inserted by the Orissa Act 11 of 1992, Section 3 Relaxation and concessions

8. For initial appointment-

(a) the upper age-limit prescribed for recruitment shall be increased by five years :

1 [(a-1) the qualification regarding experience, if any, may be relaxed up to two years by the Orissa Public Service Commission, the Selection Board or the competent authority, as the case may be, provided such relaxation is not inconsistent with efficiency.]

2[(b) fees prescribed for admission into any competitive examination or interview for recruitment shall be exempted ;]

(c) the Scheduled Caste and the Scheduled Tribe candidates shall be paid travelling allowance to attend competitive recruitment examination or interview at such rate as may be prescribed.

Manner of initial recruitment

Where this provision sits

ActThe Orissa Reservation of Vacancies in Post and Services Act, 1975
Section5
JurisdictionState of Odisha
StatusIn force as published by the source

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