Section 3 in Jammu and Kashmir Reservation Act, 2004
3. Reservation in appointment.
- [(1)] [Renumbered by Act No. III of 2009, w.e.f. 5th March, 2008.] Except as otherwise provided hereinafter, available vacancies to the extent as may be notified by the Government from time to time shall be reserved for appointment by direct recruitment from amongst the person belonging to : -(a)Scheduled Castes and the Scheduled Tribes which shall not exceed the ratio and proportion as the population of each such category bears to the total population of the State as per the latest available census; and(b)socially and educationally backward classes :Provided that the total percentage of reservation shall in no case exceed 50%:Provided further that the Government shall exclude the services and posts, which, on account of their nature and duties are such as call for highest level of intelligence, skill and excellence, from operation of the Act.(2)[ Notwithstanding anything to the contrary contained in any law for the time being in force, any person appointed against any available vacancy on the basis of his being a resident of backward area or an area adjoining [Actual Line of Control or International Border] [Inserted by Act No. III of 2009, w.e.f. 5th March, 2008.] shall serve in such areas for a period of not less than seven years:Provided that in case the post against which he has been appointed is not available in such area, he shall be posted in the nearest adjacent backward area, or the nearest adjacent Line of Actual Line of Control, as the case may be.(3)Any person who, after being appointed on the basis of reservation, declines to serve in the reserved area as provided under sub-section (2) shall be liable to termination from service:Provided that no order of termination shall be issued without affording a reasonable opportunity of being heard to such person.]
