The Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhda Vargon Ke Liye Aarkshan) Adhiniyam, 1994

(1) This Act may be called the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhda Vargon Ke Liye Aarkshan) Adhiniyam, 1994. (2) It extends to the whole of the State of Chhattisgarh. (3) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires,— (a) "Establishment" means any office of the Government or of a local authority or of a statutory body constituted under any Act of the State Legislature for the time being in force, or a public sector undertaking owned and controlled by the State Government, and includes such other educational institutions owned and controlled by the State Government, which the State Government may, by notification, specify; (b) "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government for the purposes of this Act; (c) "Scheduled Castes" means the Scheduled Castes as defined in clause (24) of Article 366 of the Constitution of India; (d) "Scheduled Tribes" means the Scheduled Tribes as defined in clause (25) of Article 366 of the Constitution of India.

This Act shall not apply to the posts and services, (i) to be filled by transfer or deputation; (ii) which are single (isolated) cadre posts; (iii) which are filled up by nomination or personal appointment by the Government; (iv) which are of a temporary nature and are likely to be filled up to a period of less than forty-five days; (v) which are of a scientific or technical nature in excess of the level of class III posts.

(1) Unless otherwise provided in this Act, there shall be reserved vacancies in posts and services in every establishment for the persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes at the stage of direct recruitment. (2) The reservation for the categories mentioned in sub-section (1) shall be at the following percentage: (a) Scheduled Castes: 16 percent; (b) Scheduled Tribes: 20 percent; (c) Other Backward Classes: 14 percent. (3) The State Government may, by notification, increase or decrease the percentage of reservation specified in sub-section (2) in accordance with the population of the respective category in the State. (4) Notwithstanding anything contained in sub-section (2), if in the public interest, it is necessary to reserve less than the percentage specified, it may be done so by the State Government for reasons to be recorded in writing.

(1) The State Government may make such provisions for the members of Scheduled Castes, Scheduled Tribes and Other Backward Classes as it may deem fit regarding the maximum age limit, fees for competitive examinations and other concessions. (2) The provisions made under sub-section (1) shall not be in derogation of any other law for the time being in force.

(1) The appointing authority shall maintain a roster for the purpose of ensuring the representation of the Scheduled Castes, Scheduled Tribes and Other Backward Classes in every establishment in such form as the State Government may determine. (2) The roster shall be maintained by the appointing authority and the inspection of the roster shall be done from time to time by an officer authorized by the State Government.

The appointing authority or any other officer authorized in this behalf shall be responsible for ensuring the compliance of the provisions of this Act and the rules or orders made thereunder.

Any appointing authority who willfully acts in a manner intended to contravene the provisions of this Act or fails to comply with the directions issued by the State Government in matters of reservation shall be liable to be punished with imprisonment which may extend to three months or with fine which may extend to Rs. 5,000 or both.

(1) No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing by an officer authorized by the State Government in this behalf. (2) No court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act.

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

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty.

The State Government may, by notification, make rules for carrying out the purposes of this Act.

Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislative Assembly.

The State Government may, from time to time, issue such directions to the appointing authority as it may deem fit for the effective implementation of the provisions of this Act and the rules made thereunder.

(1) The State Government may by notification provide for reservation in promotion for the Scheduled Castes and Scheduled Tribes, if it is of the opinion that they are not adequately represented in the services under the State. (2) The State Government shall review the representation of these categories from time to time. (3) The reservation in promotion shall be in accordance with the rules framed by the State Government.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this Act.

(1) Any reservation in force in respect of the posts and services in the State immediately before the commencement of this Act shall continue to be in force until modified or superseded. (2) Nothing in this Act shall apply to any recruitment or appointment already made prior to the commencement of this Act. (3) The validity of anything already done under the previously existing orders shall not be questioned.

The State Government shall prepare an annual report on the implementation of the provisions of this Act and shall lay it before the State Legislative Assembly.

Reservation shall also be provided in cases of appointments made on contract basis as per the rules prescribed.

The vacancies for reservation shall be calculated based on the total number of posts in the cadre.

The Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhda Vargon Ke Liye Aarkshan) Adhiniyam, 1994, insofar as it is applicable to the State of Chhattisgarh, stands repealed.