State of Uttar Pradesh - Act
THE UTTAR PRADESH PUBLIC SERVICES (RESERVATION FOR ECONOMICALLY WEAKER SECTIONS) ACT, 2020
UTTAR PRADESH
India
India
THE UTTAR PRADESH PUBLIC SERVICES (RESERVATION FOR ECONOMICALLY WEAKER SECTIONS) ACT, 2020
Act 10 of 2020
- Published in Uttar Pradesh Legislature No. 1577(2)/LXXIX-V-1-20-1(ka)-4-20 on 31 August 2020
- Commenced on 31 August 2020
- [This is the version of this document from 31 August 2020.]
STATEMENT OF OBJECTS AND REASONSIn accordance with the provisions of the Constitution (One Hundred and Third Amendment) Act, 2019 and with reference of Govt. of India, Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training vide O.M. No. 36039/1/2019-Estt.(Res.) dated 19th January, 2019, provision of 10 percent reservation to Economically Weaker Sections(EWSs) in civil posts and services in the Government of India has been made.It has therefore been decided to make a law to provide 10 percent reservation in Public Services and Posts in favour of persons belonging to the Economically Weaker Sections(EWSs) of citizens in addition to the existing scheme of reservations for the Scheduled Castes, the Schedule Tribes and the Socially and Educationally Backward Classes in the State and for matters connected therewith or incidental thereto.ANACTto provide for the reservation in public services and posts in favour of the persons belonging to the Economically Weaker Sections of citizens in addition tothe existing reservation applicable in the State and for matters connected therewith or incidental thereto.IT IS HEREBY enacted in the Seventy-First Year of the Republic of India as follows :-(1)This Act may be called the Uttar Pradesh Public Service,(Reservation For Economically Weaker Section) Act, 2020. (2)It shall be deemed to have come into force on February 01, 2019. (a)"appointing authority" in relation to public services and posts means the authority empowered to make appointment to such services or posts ; (b)"Economically Weaker Sections of citizens" means the persons belonging to Economically Weaker Sections as defined in the Office Memorandum F.No. 36039/1/2019 Estt.(Res), dated 19.01.2019 of D.O.P.T. Ministry of Personnel and Public Grievance and Pension Government of India for the time being in force. (c)"public services and posts" means the services and posts in connection with the affairs of the State and includes services and posts-(i)a local authority ; (ii)a co-operative society as defined in clause (f) of section 2 of the Uttar Pradesh Co-operative Societies Act, 1965 in which not less than fifty-one percent of the share capital of the society is held by the State Government ; (iii)a Board or a corporation or a statutory body established by or under a Central or Uttar Pradesh Act which is owned and controlled by the State Government, or a Government company as defined in section 617 of the Companies Act, 1956 in which not less than fifty-one percent of the paid up share capital is held by the State Government ; (iv)an educational institution owned and controlled by the State Government or which receives grants in aid from the State Government, including a university established by or under a Uttar Pradesh Act, except an institution established and administered by minorities referred to in clause (1) of Article 30 of the Constitution; (v)in respect of which reservation was applicable by the Government orders on the date of commencement of this Act and are not covered under sub-clauses (i) to (iv); (d)"Reservation" means reservation for economically Weaker Sections in vacancies of posts and services in the State of Uttar Pradesh. (e)"year of recruitment" in relation to a vacancy means a period of twelve months commencing on the first of July of a calendar year within which the process of direct recruitment against such vacancy is initiated. (1)In public services and posts, at the stage of direct recruitment, ten percent of vacancies to which recruitment are to be made, they shall be reserved in favour of the persons belonging to Economically Weaker Sections of citizens:Provided that the reservation shall not apply to the category of Economically Weaker Sections of citizens specified in the Schedule to this Act:Provided further that the candidates from out of the State of Uttar Pradesh shall not be eligible for benefits of reservation under this Act. (2)The reservation under this section shall be in addition to the reservation provided under the Uttar Pradesh Public Services (Reservation for Schedule Castes, Scheduled Tribes and Other Backward Classes) Act, 1994. (3)The office memorandum issued by Karmik Anubhag-2 wide no.1/2019/4/1/2002/ka-2/19T.C.II, dated 18.02.2019 shall be deemed to have been issued under this section. (4)For applying the reservation under sub-section (1), roaster has been issued by notification O.M. No.5/2019/4/1/2002/ka-2/2019T.C.-I, dated 13th August, 2019 by the State Government which shall be continuously applied till it is exhausted. (5)If a person belonging to Economically Weaker Sections of citizens gets selected on the basis of merit in an open competition with unreserved candidates, he shall not be adjusted against the vacancies reserved for such category under sub-section (1). (6)"Where in any particular recruitment year any vacancy earmarked under sub-section (1) for Economically Weaker Sections cannot be filled up due to non availability of a suitable candidate belonging to Economically Weaker Sections such vacancies shall not be carried forward to the next recruitment year as backlog and the said vacancy shall be filled by the eligible candidates of unreserved category. " (1)The State Government may, by notified order, entrust the appointing authority or any officer or employee with the responsibility of ensuring the compliance of the provision of this Act. (2)The State Government may, in the like manner, invest the appointing authority or officer or employee referred to in sub-section (1)with such powers or authority as may be necessary for effectively discharging the responsibility entrusted to him under sub-section (1). (1)Any appointing authority or officer or employee entrusted with the responsibility under sub-section (1) of section 4 who willfully acts in a manner intended to contravene or defeat the purpose of this Act shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend one thousand rupees or with both. (2)No court shall take cognizance of an offence under this section except with the previous sanction of the State Government or an officer authorized in this behalf by the State Government by an order. (3)An offence punishable under sub-section (1) shall be tried summarily by a Metropolitan Magistrate or a Judicial Magistrate ofthe first class and the provision of sub-section (1) of section 262, section 263, section 264 and section 265 of the Code of Criminal Procedure, 1973 shall mutatis mutandis apply. (2)The provisions of this Act shall not apply to appointment, to be made under the Uttar Pradesh Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974.--------------------------