The Madhya Pradesh Lok Seva ( Anusuchit Jatiyon, Anusuchit Janjatiyon evam Anya Pichhda Vargon ke liye Aarkshan) Adhiniyam 1994

(1) This Act may be called "The Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhda Vargon Ke Liye Aarakshan) Adhiniyam, 1994". (2) It shall extend 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 Government or of a local authority or a statutory body constituted under any Act of the State Legislature for the time being in force, or a company or a corporation or a co-operative society in which not less than fifty-one percent of the paid-up share capital is held by the State Government or any university established or incorporated by or under an Act of the State Legislature or a work-charged establishment, daily wage workers or temporary employees appointed in such office, department, local authority, statutory body, public sector undertaking or university, as the case may be; (b) "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government for the purposes of the State; (c) "Scheduled Castes" means the Scheduled Castes specified in relation to the State of Madhya Pradesh under Article 341 of the Constitution of India; (d) "Scheduled Tribes" means the Scheduled Tribes specified in relation to the State of Madhya Pradesh under Article 342 of the Constitution of India; (e) "Appointing Authority" in relation to an establishment means the authority empowered to make appointment to any post or service in such establishment.

(1) Unless otherwise provided in this Act, the reservation for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes, shall be at the stage of direct recruitment at the following percentages of the total number of vacancies in a cadre, namely:— (i) Scheduled Castes: sixteen percent; (ii) Scheduled Tribes: twenty percent; (iii) Other Backward Classes: fourteen percent. (2) The State Government may, by notification, modify the percentages specified in sub-section (1) for any class of posts or services in any establishment, in accordance with the population of the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes in the State. (3) (a) The recruitment to the vacancies shall be in accordance with such roster or methodology as may be prescribed. (b) If any vacancy reserved for any category cannot be filled up due to non-availability of a candidate from that category, it shall be filled in such manner as may be prescribed: Provided that if in any year, the number of vacancies reserved for any category of persons under sub-section (1) are not filled up, such vacancies shall be carried forward to such number of subsequent years as may be prescribed; (c) If in any year, the number of vacancies reserved for any category of persons under sub-section (1) cannot be filled up, the appointing authority may fill the vacancies by other candidates after carrying forward the vacancies in the manner prescribed, and the carried forward vacancies shall not be filled in such year. Provided that in any recruitment year, the number of normal reserved vacancies and the carried forward reserved vacancies together shall not exceed fifty percent of the total number of vacancies.

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.

(1) The State Government may, by notification, delegate all or any of the powers exercisable by it under this Act to any officer of the State Government. (2) Every notification or order made under sub-section (1) shall be laid before the Legislative Assembly of the State as soon as may be after it is made.

(1) The State Government may, by notification, 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) the method of determining the number of vacancies in a cadre; (b) the roster or methodology for reservation of vacancies; (c) the manner of carrying forward of unfilled reserved vacancies and the number of years for such carry forward; (d) any other matter which is required to be or may be prescribed.

Nothing in this Act shall apply to such posts or services as may be notified by the State Government, having regard to the nature of their duties or the requirements of such posts or services. Provided that the State Government shall place the notification before the Legislative Assembly of the State.

No suit, prosecution or other legal proceedings 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 this Act or any rule made thereunder.

(1) The State Government may issue such directions to any establishment as it may deem necessary for the effective implementation of the provisions of this Act. (2) Every establishment shall comply with the directions issued under sub-section (1).

Notwithstanding anything contained in any judgment, decree or order of any court, anything done or any action taken or purported to have been done or taken under the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhda Vargon Ke Liye Aarakshan) Adhiniyam, 1994 (No. 21 of 1994) shall be deemed to have been validly done or taken under this Act.

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 rule, order or notification.