Section 4 in The Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975
4. Reservation and the percentage thereof.
(1)Except as otherwise provided in this Act, the vacancies reserved for the Scheduled Castes and the Scheduled Tribes shall not be filled up by candidates not belonging to the Scheduled Castes and Scheduled Tribes.(2)The reservation of vacancies in Posts and Services shall be at such, percentage of the total number of vacancies as the State Government may, from time to time, by, order, determine:[Provided that the percentage so determined shall, in no case, be less than percentage of the persons belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be, in the total population of the State:Provided further that there shall be no reservation of vacancies to be filled up by promotion where(a)the element of direct recruitment in the grade or cadre in which the vacancies have occurred is more than sixty-six and two-third percent;(b)the vacancies have occurred in Class I posts and are to be filled up by promotion through limited departmental examination; or(c)the vacancies have occurred in Class I posts which are above the lowest rung thereof, and are to be filled upon the basis of selection.]Explanation. - The expression "population" means the "population" as ascertained at the last Census for which the relevant figures have been published.(3)[ Notwithstanding anything contained in this section, one third of the vacancies in Class II, Class III (including those specially declared to be Gazetted) and Class IV Services and Posts, reserved for the Scheduled Castes and Scheduled Tribes in a year, which are required to be filled up by direct recruitment, shall be reserved for women belonging to the respective communities and, in the event of non-availability or availability of insufficient number of eligible woman candidates belonging to any particular community, the vacancies or, as the case may be, the remaining vacancies shall be filled up by male candidates of that community] [Inserted by Orissa Act 15 of 1993.]
