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Section 4

The Uttarakhand Public Services (Horizontal Reservation for Women) Act, 2022State Act of Uttarakhand · Act 1 of 2023

(1) The State Government may, by notified order entrust the responsibility to any Appointing Authority or any officer or employee for ensuring the compliance of the provisions of this Act.

(2) The State Government may, by notified order vest such power or authority to the Appointing Authority or officer or employee referred in sub section (1), as may be necessary for effective discharging of the responsibility entrusted to him under sub section (1).

Power to call record

5. If it comes to the notice of the State Government, that any women candidate defined in sub-section (e) of section 2 has been adversely affected on account of non compliance of the provisions of this Act or the rules made thereunder or the Government orders issued in this behalf by the Appointing Authority, it may call for such records and take such actions as it may consider necessary.

Power to issue domicile certificate

6. For the purposes of horizontal reservation provided under this Act, a domicile certificate for women candidates shall be issued by such authority or officer and in such manner and such form as the State Government may, by order, provide :

Provided that, the said Domicile certificate shall be issued by officer not below the rank of Tahsildar, following the proper procedure after carefully verifying the all relevant rules.

Protection of action taken in good faith

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

Laying of orders etc.

8. Every order made under Section 3 and Section 4 shall be laid, as soon as may be, before State Legislative Assembly and the provisions of sub section (1) of Section 23A of the Uttar Pradesh General Clauses Act, 1904 (as applicable to the State of Uttarakhand ) shall apply as they apply in respect of the rules made by the State Government under any Uttarakhand Act.

Savings 9. (1) The provisions of this Act shall not apply to cases in which the selection process has been initiated before the commencement of this Act and such cases, deemed to be dealt 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 be initiated, where under relevant service rules, recruitment is to be made, on the basis of :-

(i) written exam or interview only, the written exam or interview, as the case may be, has been initiated, or

(ii) both written exam and interview, the written exam has been initiated.

(2) The provisions of this Act shall not be apply to the appointment, to be made under “Uttar Pradesh Recruitment of Dependant of Government Servants Dying in Harness Rules, 1974” and “The Dependant of martyr soldiers of Indian Army/ Paramilitary Forces (Permanent Resident of Uttarakhand) on compassionate basis in State Services Employment Rules, 2018”.

Power to make rules

Where this provision sits

ActThe Uttarakhand Public Services (Horizontal Reservation for Women) Act, 2022
Section4
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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