The Uttarakhand Public Service (Horizontal Reservation for Skilled Sportsperson) Act, 2024

(1) This Act may be called the Uttarakhand Public Service (Horizontal Reservation for Skilled Sportsperson) Act, 2024 (2) It shall be come into force at once.

In this Act, unless the context otherwise requires,:- (a) “Appointing Authority” in relation to public services and posts means the Authority empowered to make appointment to such services and posts; (b) “domicile” means eligibility criteria determined in Uttarakhand G.O. No. 2588/One-4/G.A./2001 dated 20 November, 2001 or any other Government order in force at the time of recruitment; (c) “Public Services and Posts” means the services and posts in connection with the affairs of the State and also includes following posts and services:- (i) Local Authority; (ii) Such Co-operative Committee define in clause (A) of Section 2 of the Uttarakhand Co-Operative Committee Act, 2003, in which the holding of State Government is not less than 51 percent of share capital of Committee; (iii) Any board or any corporation or any legal body established by or under the any central or Uttarakhand State Act which is under the ownership or control of the State Government or Government company as defined in the Company Act, 2013, in which the holding of paid up share capital by the State is not less than 51 percent; (iv) Any educational institution under ownership and control of the State Government or which receives grants in aid from the State Government including a university established by or under any Act of Uttarakhand State, except any institution established and administered by minority section specified in clause (1) of article 30 of the Constitution of India; (d) “ Skilled Sportspersons” means a citizen of India who has won a medal or participated in sports at the International/National level and who has won any medal in State Games and whose domicile of origin is in Uttarakhand, but he/she has not obtained any permanent domicile certificate from anywhere else or whose domicile of origin is not in Uttarakhand but he/she has obtained a permanent domicile certificate in Uttarakhand as per the G.O. No. 2588/One-4/G.A./2001 dated 20 November, 2001 or any other Government Order related to domicile, for the time being in force; (e) “Year of Recruitment” means the period of twelve months beginning on the first day of July of any calendar year, within which the process of direct recruitment against such vacancy is to be started.

In the process of direct recruitment, 04 percent horizontal reservation in the vacancies in public services and posts, on which recruitment is to be done in favour of Skilled sportspersons of Uttarakhand state who have won medals/participated in sports at the International /National level or have won medals in state level games shall be allowed as follows:- S. No. Name of Competition Level of Competition Horizontal Reservation 1. Olympic Games Medals Winner/ participation Posts at level-10 and below 2. World Cup/ World Championship/ Asian Games Medals Winner/ participation Posts at level-8 and below 3. Commonwealth Games/ Asian Championship Medals Winner/ participation Posts at level-7 and below 4. Commonwealth Championship/ International University Games Medals Winner/ participation Posts at level-6 and below 5. National Games/ National Championships organised by recognised National Sports Associations/ All India University Games/ Khelo India Youth Games Medals Winner Posts at level-5 and below 6. State games organised by Uttarakhand Olympic Association/ State level Championships organised by state sports associations recognised by national sports federation/ State level sports Maha Kumbh organised Youth Welfare Department/ State level school games organised by School Education Department/ State level university games organised by Higher Education Department Medal winner posts at level-5 and below Provided that if suitable Skilled sportspersons are not available on the posts reserved for Skilled sportspersons under the state services, those posts shall not be carried forward rather, it shall be filled with qualified candidates coming in the order of proficiency of the same category.

(1) The State Government may, by notified order entrust to 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 powers 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).

If it comes to the notice of the State Government, that any Skilled Sportspersons under section 2(d) and section 3 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.

For the purposes of horizontal reservation provided under this Act, a domicile certificate for Skilled Sportspersons of Uttarakhand state shall be issued by such authority or officer and in such manner and such form as the State Government may, by order, provide;

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.

Every order made under 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 in Uttarakhand state ) shall apply as they apply in respect of the rules made by the State Government under any Uttarakhand Act.

(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 maybe, 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 the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 ( Adaptation and Modification order, 2002 ) and The Dependant of Martyr Soldiers of Indian Army/ Paramilitary Forces ( Permanent Resident of Uttarakhand ) on Compassionate Basis in State Services Employment Rules, 2018.

(1) The State Government may by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) All rules under this Act shall as soon as may be after they are made be laid before State Legislature while it is in session.

Notwithstanding anything inconsistent therewith contained in any other Act or Judgment/ Decree/Order or directions of any courts the provisions of this Act, shall be valid and effective.

(1) Before the Commencement of this Act Horizontal reservation in employment for Specific Sportspersons any action taken shall be deemed to have been validity done under the provisions of this Act. (2) Every order of appointment of a person as a officer, Judge and every order of posting, promotion or transfer before to the Commencement of this Act shall be deemed to have been validly done under the provisions of this Act. (3) Every power exercised and function performed every matter, deal with every proceedings, every order, judgement decree or sentence passed and every other act done by the officer, judge before the commencement of this Act shall be deemed to be validly exercised, performed, dealt, with undertaken, passed or done under the provisions of this Act.

If any difficulties arises in giving effect to the provision of this Act, the State Government may by notified order, shall make such provisions not inconsistent with the provision of this Act and which as appears to it to be necessary or expedient for removing the difficulties; Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.