The Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006

Punjab Act No. 22 of 2006

4th October, 2006

[Received the assent of the Governor of Punjab on the 4th October, 2006, and was first published for general information in the Punjab Government Gazette (Extraordinary), Legislative Supplement, dated the 5th October, 2006.] AN ACT to provide for reservation in services for the members of Scheduled Castes and Backward Classes and for the matters connected therewith or incidental thereto. Be it enacted by the Legislature of the State of Punjab in the Fifty-seventh Year of the Republic of India as follows:—1 1 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated the 15th September, 2006, page 1837–1838.

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S.3 Act not to apply in relation to certain employments

This Act shall not apply to,—

• (a) any employment under the Central Government ;
• (b) any employment in private sector ; and
• (c) any employment in domestic service.

S.4 Percentage of Reservation

(1) While making appointments in services by any of the methods, provided under any Service Rules, reservation shall be made for the members of the Scheduled Castes and Backward Classes in the services under all the establishments.

(2) The percentage of reservation for filling up the vacancies by direct recruitment or by transfer in Group 'A', Group 'B', Group 'C' and Group 'D' services, shall be twenty-five per cent for Scheduled Castes and twelve per cent for Backward Classes.

(3) The percentage of reservation for filling up the vacancies by promotion by Scheduled Castes in Group 'A' and Group 'B' services shall be fourteen per cent.

(4) The percentage of reservation for filling up the vacancies by promotion by Scheduled Castes in Group 'C' and Group 'D' services shall be twenty per cent.

(5) Fifty per cent of the vacancies of the quota reserved for Scheduled Castes in direct recruitment, shall be offered to Balmikis and Mazhbi Sikhs, if available, as

S.5 Certificate of identification

(1) A candidate, who claims to be a member of Scheduled Castes, shall support his candidature as such by a certificate of caste identification, issued under the Constitution (Scheduled Castes) Order, 1950, notified by the President of India for the State of Punjab.

(2) A candidate, who claims to be a member of Backward Classes, shall support his candidature as such by a certificate of class identification as per the notification, issued by the State Government in this regard from time to time.

S.6 To implement backlog of vacancies

(1) The backlog or carry forward reserved vacancies for Scheduled Castes shall be treated as a separate class of vacancies and the ceiling of fifty per cent on filling up these reserved vacancies in succeeding year or years, shall not apply to such class of vacancies.

(2) The vacancies, referred to in sub-section (1), shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year.

S.1 Short title and commencement.

(1) This Act may be called the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Amendment Act, 2018.

(2) It shall be deemed to have come into force on and with effect from the 20th day of February, 2018.

S.2 Amendment in section 4 of Punjab Act 22 of 2006.

In the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006, in section 4,-

• (i) sub-sections (3) and (4) shall be omitted;
• (ii) after sub-section (2), the following sub-sections shall be inserted, namely:-

"(3) The percentage of reservation for filling up the vacancies by promotion by Scheduled Castes in Group 'A' and Group 'B' Services shall be fourteen per cent.

(4) The percentage of reservation for filling up the vacancies by promotion by Scheduled Castes in Group 'C' and Group 'D' Services shall be twenty per cent.";

• (iii) sub-section (8) shall be omitted; and
• (iv) after sub-section (7), the following sub-section shall be added, namely:-

"(8) Reservation shall also be applicable to proforma promotion and appointment by transfer.".

S.7 De-reservation of reserved vacancy.

(1) There shall be no de-reservation of any reserved vacancy by any appointing authority in any establishment, which is to be filled up by direct recruitment or by promotion. In case, a qualified or eligible Scheduled Castes or Backward Classes candidate, as the case may be, is not available to fill up such vacancy, in that situation, such vacancy shall remain unfilled.

(2) Notwithstanding anything contained in sub-section (1), if, in the public interest, it is deemed necessary to fill up any vacancy referred to in that sub-section, the appointing authority shall refer the vacancy to the Department of Welfare of Scheduled Castes and Backward Classes for de-reservation. Upon such reference, the Department of Welfare of Scheduled Castes and Backward Classes may, if it is satisfied that it is necessary or expedient so to do, by order in writing, de-reserve the vacancy, subject to the condition that the vacancy so de-reserved, shall be carried forward against a subsequent unrese

S.8 Penalty.

If any officer or official is found guilty of committing any omission or commission in contravening the provisions of this Act, he shall be punishable under the provisions of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 or any other relevant service Rules.

S.9 Protection of Action Taken in Good Faith.

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

S.10 Power to Remove Difficulties.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it, to be necessary for removing the difficulty :

Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act.

(2) Every order made under this section, shall be laid, as soon as may be, after it is made, before the House of the State Legislature.

S.11 Submission of Annual Report, Maintenance of other records, Roster Register and Inspection thereon.

(1) Every establishment shall maintain such records, roster register or documents in respect of reservation in appointment and promotions, and in such form, as may be prescribed, and shall furnish to the State Government in the prescribed manner an annual report on the appointments and promotions made by it during the previous year reckoned according to the English Calendar.

(2) Any officer, authorized by the State Government in that behalf, may inspect any records or documents, which are maintained in relation to the appointments and promotions made by any establishment.

(3) It shall be the duty of the Establishment Branch In-charge 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.

S.12 Power to make Rules.

(1) The State Government may, by notification in the Official Gazette, 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) to prescribe the form of running roster under sub-section (6) of section 4 ;
• (b) to prescribe the form in which records, roster register or documents are to be maintained under sub-section (1) of section 11 by every establishment ;
• (c) to prescribe the manner in which annual report on the appointments and promotions made by every establishment is to be maintained and furnished under sub-section (1) of section 11 ; and
• (d) any other matter, which is required to be or may be prescribed.

S.13 Overriding effect.

Notwithstanding anything to the contrary contained in any other law for the time being in force, or any judgement, decree, order or decision of any court or any authority, the provisions of this Act or the rules made thereunder, shall have effect.

S.14 Saving.

Notwithstanding anything done or any action taken in pursuance of any instructions, issued before the commencement of this Act to implement the reservation policy by the State Government, shall be deemed to have been done or taken under the corresponding provisions of this Act and the rules made thereunder.