The Chhattisgarh Lok Seva (ST, SC and OBC) Reservation Act, 1994

(1) This Act may be called the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994. (2) It extends to the whole of the State of Madhya Pradesh. (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 State Government or local authority or statutory authority constituted under any Act of the State for the time being in force, or a company or any other authority or body as the State Government may, having regard to its financial, administrative and functional dependence on the State Government, by notification in the Official Gazette, declare to be an establishment for the purpose of this Act; (b) "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government under clause (c) of section 2 of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994; (c) "Public Service and Post" means the services and posts in connection with the affairs of the State and includes services and posts in— (i) a local authority; (ii) a statutory authority constituted under any Act of the State for the time being in force; (iii) a Government company as defined in section 617 of the Companies Act, 1956 (No. 1 of 1956); (iv) any other authority or body as the State Government may, in view of its financial, administrative or functional dependence on the State Government, by notification, declare to be an establishment for the purpose of this Act; (d) "Reservation" means the reservation of vacancies in the posts for the members of Scheduled Castes, Scheduled Tribes and Other Backward Classes;

This Act shall apply to all appointments to the public services and posts in connection with the affairs of the State of Madhya Pradesh except— (i) those meant for conducting scientific or research oriented posts in higher grades of services and posts; (ii) those meant for temporary appointment of less than 45 days duration; (iii) those meant for such other posts as the State Government may, from time to time, by order, specify.

(1) Unless otherwise provided in this Act, the reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be as under:— (i) Scheduled Castes: 16 percent; (ii) Scheduled Tribes: 20 percent; (iii) Other Backward Classes: 14 percent; Provided that the State Government may, by notification, modify the percentages of reservation so provided for the Scheduled Castes, Scheduled Tribes and Other Backward Classes after the final figures of the population census are published. (2) The State Government may, by notification, provide for such percentage of reservation for direct recruitment to the posts as it may deem appropriate for the classes mentioned in sub-section (1), provided that the total reservation shall not exceed 50 percent.

The State Government may, by notification, entrust the appointing authority or any officer or authority with the responsibility of ensuring the reservations as provided in this Act.

Any appointing authority who wilfully acts in a manner intended to violate or defeat the purpose of this Act shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 20,000 or with both.

If it comes to the notice of the State Government or such officer as may be authorised by it that any appointment has been made in contravention of the provisions of this Act, it or such officer may call for and examine the records of any appointment and pass such orders thereon as it or he deems fit.

The State Government may, by order, provide for adequate representation of the members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes in the Selection Committee or Board constituted for the purpose of recruitment to the public services and posts.

The State Government may, by order, provide for such concessions or relaxations as may, from time to time, be considered necessary or expedient for the persons belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes.

The candidate belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be required to produce a certificate as proof of their belonging to such caste, tribe or class, as the case may be, in such form and from such authority as may be prescribed.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make such provisions as may be necessary or expedient to remove such difficulty.

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

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

Any appointment made in contravention of the provisions of this Act shall be voidable.

Every establishment shall, half-yearly, submit a report of all appointments made in the establishment to such authority as may be prescribed.

The State Government may, by notification, appoint a Liason Officer for each Department to ensure the implementation of the provisions of this Act.

The State Government shall constitute a Standing Committee to review the implementation of this Act.

The functions of the Standing Committee shall be to review the policies of reservation and to suggest measures for their effective implementation.

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

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

Notwithstanding anything contained in this Act, the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force relating to reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes.