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State of Tripura - Section

Section 9 in Tripura Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1991

9. Recruitment by Promotion.

(1)The appointing authority while making a request to the Selection Committee/Selection Board/Departmental Promotion Committee for recommending candidates for promotion shall communicate to the Selection Committee/Selection Board/Departmental Promotion Committee the details about reservation for Scheduled Castes and Scheduled Tribes and shall also furnish details about the number of candidates required against reserved [vacant posts] [Inserted by the First Amendment Rules, 2000.] and unreserved [vacant posts] [Inserted by the First Amendment Rules, 2000.] in accordance with the provisions of the concerned service rules. Where there is no rules for the post or service to which promotion is to be made the appointing authority will furnish the details about the candidates within the zone of consideration according to normal procedure. The particulars about reserved [vacant posts] [Inserted by the First Amendment Rules, 2000.] available shall be based on an inspection report of 100-point roster in respect of the concerned post or service to be furnished jointly by the [Director for Welfare of Scheduled Castes and Other Backward Classes] [Substituted by the Second Amendment Rules, 2007.] and by the [Director for Welfare of Scheduled Tribes] [Substituted by the Second Amendment Rules, 2007.] as mentioned in Rule 8(1).
(2)The Selection Committee/Selection Board/Departmental Promotion Committee will consider the suitability of the candidates, the details of whom are furnished by the appointing authority and recommend a combined list of all categories of candidates found suitable for promotion in order of their merit which shall be the determining factor about the inter seniority of the candidates after promotion.[Provided that a Scheduled Caste or Scheduled Tribe candidate who occupies on merit or seniority or seniority-cumfitness etc. an unreserved point of the 100 - point roster in the combined list, shall not be shown against any reserved point.] [Inserted by the First Amendment Rules, 2000.][Provided further that at the time of recommending candidates for promotion to any post, the names against unreserved [vacant posts] [Inserted by the First Amendment Rules, 2000.] shall first be recommended in order of their merit or seniority or seniority-cum-fitness etc., as the case may be, and then the names against reserved [vacant posts] [Substituted by the Second Amendment Rules, 2007.] shall be recommended.]
(3)In addition to the combined list mentioned in Sub-Rule (2) the Selection Committee/Selection Board/Departmental Promotion Committee shall furnish separate lists of candidates belonging to Scheduled Castes and Scheduled Tribes and a list of candidates of unreserved category in order of their merit for promotion against the [vacant posts] [Substituted by the Second Amendment Rules, 2007.] shown as reserved or unreserved as the case may be.
(4)The inspection report of the 100 Point Roster as furnished by the [Director for Welfare of Scheduled Castes and Other Backward Classes] [Substituted by the First Amendment Rules, 2000.] and the [Director for Welfare of Scheduled Tribes] [Substituted by the First Amendment Rules, 2000.] shall form a part of the record of the minutes/proceedings of the Selection Committee/Selection Board /Departmental Promotion Committee etc.
(5)The appointing authority shall consider the recommended list in accordance with the provisions of the respective service rules and shall, after consultation with the Commission where such consultation is necessary finally approve the list.
(6)The appointing authority shall thereafter make promotion in accordance with the 100 Point Roster as shown in the Schedule to the Act in order of merit /preference as indicated in the list. A Scheduled Caste or Scheduled Tribe candidate who occupies an unreserved point of the 100 - Point Roster in the combined list of candidates shall not be fitted against any reserved point.
(7)In case of non-availability of required number of Scheduled Caste or Scheduled Tribe candidates against the reserved vacancies, the vacancies shall be carried forward .In such case the appointing authority may take action under rule 8(8) and 8(9) if considered necessary.