Uttarakhand Public Services (Reservation for Economically Weaker Sections) Act, 2019
No: 7 Dated: Mar, 07 2019
UTTARAKHAND PUBLIC SERVICES (RESERVATION FOR ECONOMICALLY WEAKER SECTIONS) ACT, 2019
An Act to determine the procedure for Uttarakhand Public Services (Reservation for Economically Weaker Sections) under the Article 15(6) and Article 16(6) of the Constitution of India;
Be it enacted by the Uttarakhand Legislative Assembly in the Seventieth year of the Republic of India as follows: -
1. Short title and commencement. - (1) This Act may be called 'The Uttarakhand Public Services (Reservation for Economically Weaker Sections) Act, 2019.
(2) It shall come into force at once.
2. Definitions. - In this Act,: -
(a) "Appointing Authority" in relation to public services and posts means the Authority empowered to make appointment to such services and posts;
(b) "Economically weaker Sections" means economically weaker sections specified in Article 15(6) and Article 16(6) of the Constitution;
(c) "Family" means person demanding reservation, their husband/wife and children of less than 18 years of age along with his parents, his siblings less than of 18 years of age, as well as it includes his husband/ wife and children of less than 18 years of age;
(d) "Public Services and Posts" means the services and posts in connection with the affairs of the state and includes following posts and services:-
(i) Local Authority;
(ii) Clause (a) of Section 2 of the Uttarakhand Co-operative Committee Act, 2003 in which not less than 51 percent of share capital of Holding Share Committee by the State Government;
(iii) Any board or any corporation or any legal body established by the any central or Uttarakhand State Act which is under the owner ship or control of the State Government or Government company defined in the Company Act, 2013,in which not less than 51 percent paid up share capital by the state;
(iv) any educational institute 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 Act of Uttarakhand State, except any institute established and administered by minority section specified in clause (1) of article 13 of the Constitution of India ;
(e) "Year of recruitment" in relation to a vacancy means a period of 12 months commencing on first of July of a year, within which the process of direct recruitment against such vacancy is initiated;
3. Reservation in favour of economically weaker sections. - (1) In public services and posts, on the order of direct recruitment vacancies to be recruited in accordance with the roster specified in sub-section (4), 10 percent shall be reserved in the favour of concerned persons of the economically weaker sections.
(2) (a) In public services and posts, the reservation in favour of economically weaker sections shall be given to such permanent residents of the State of Uttarakhand, which are not included in the existing reservations schemes for Scheduled Castes, Scheduled Tribes and Socially and Educationally Backward Classes.
(b) The persons of such economically weaker sections are identified for the reservation as economically weaker section, whose gross annual income of family, from all sources is less than 8.00 lakh (eight lakh). Family income includes income received from all sources namely-salary, agriculture, profession, business etc. The said income shall be income of the previous financial year, from the year of application, by the beneficiary ;
Provided that the person or their family possess any property, from the following properties, shall not be eligible for the reservation as economically weaker sections:-
(i) 5 acre of agricultural land or above; or
(ii) residential building of 1000 sq. feet or above; or
(iii) residential plot of 100 sq. yards or above in notified municipalities; or
(iv) residential plot of 200 sq. yards or above in areas other than the notified municipalities.
(3) If, in respect of any year of recruitment, any vacancy reserved for any category of persons under sub-section (1) remains unfilled, the special recruitment shall be made for filling such vacancy from amongst the persons belonging to that category.
(4) The State Government shall, for applying the reservation under sub-section (1), by notified order issue a roaster which shall continuously apply, till it is exhausted.
(5) If a person belonging to economically weaker sections as mentioned in sub-section (1), get selected on the basis on merit in an open completion with general candidates, he/she shall not be adjusted against the vacancies, reserved for such category, under sub-section (1)