Parliament Parliament of India
Bill creates criminal offense for false SC/ST claims, up to ₹50,000 fine or 3 years jail
This Bill aims to provide for the reservation of appointments and posts in civil services for members of Scheduled Castes (SC) and Scheduled Tribes (ST) in all establishments.
It seeks to ensure fair representation by mandating reserved vacancies, age relaxations, and specific protections for these groups during recruitment and promotion.
Who it concerns: The law applies to every establishment owned, established, controlled, managed, or financed by the Central Government. This includes ministries, public sector undertakings, statutory authorities, corporations with over 51% government share capital, universities and colleges, schools, industries, trades, businesses, government companies, and autonomous bodies receiving aid from the Consolidated Fund of India.
What the bill does
- Mandates reservation of a prescribed percentage of posts for SC and ST members for direct recruitment and promotion.
- Excludes reservation for appointments lasting less than 45 days, emergency relief work, and certain high-level scientific/technical posts in institutions of national importance.
- Provides a five-year relaxation in the maximum age limit for direct recruitment and promotion for SC and ST members.
- Allows for the reduction of examination and application fees for SC and ST candidates.
- Permits relaxation in suitability standards and experience requirements if sufficient qualified SC/ST candidates are not available.
- Requires every establishment to designate a liaison officer to monitor compliance and inspect records.
- Mandates that appointing authorities maintain documents and furnish annual reports on SC/ST appointments.
- Establishes that reserved vacancies must be filled only by members of the respective SC or ST category.
- Prohibits the abolition of posts in a way that lowers the representation of SC/ST members below their reserved percentage.
Also in the document
- Creates a criminal offense for knowingly making a false claim of SC/ST membership, punishable by up to three years imprisonment or a fine of up to fifty thousand rupees, or both.
- Creates a criminal offense for knowingly issuing a false SC/ST certificate, punishable by up to three years imprisonment or a fine of up to fifty thousand rupees, or both.
- Specifies that intentional contravention of the Act's provisions by responsible personnel is liable for disciplinary action under applicable service rules.
- Deems existing government memoranda on reservation to be issued under this Act, provided they are not inconsistent with it.
Where this bill is now: Lapsed
How this was written
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The original document
Parliament of India — Bills (Lok Sabha & Rajya Sabha)
Bill / law · Ref. LXXIV · 23 Dec 2008
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