GOVERNMENT OF TRIPURA

DEPARTMENT FOR WELFARE OF SCHEDULED CASTES

AGARTALA : TRIPURA

              NO.________________                       DATED,THE _______________2006

 

NOTIFICATION

 

In exercise of the powers conferred by Section 17 of the Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991(Tripura Act No.1 of 2006) the State Government makes the following rules to amend the Tripura Scheduled Castes and Scheduled Tribes (Reservation of vacancies in services and posts)Rules,1992, namely

 

1.Short title and commencement

 

(a) These Rules may be called “The Tripura Scheduled Castes and Scheduled Tribes (Reservation of vacancies in services and posts) (Second Amendment) Rules, 2006” 

(b) They shall come into force on and from the date of their publication in the official Gazette.

 

2.Definition 

In these rules, unless the context otherwise requires

(a) “Act” means “The Tripura Scheduled Castes and Scheduled Tribes Reservation Act,1991.”.

 

3.In the Tripura Scheduled Castes and Scheduled Tribes (Reservation of vacancies in services and posts) Rules 1992 (hereinafter referred to as the Principal Rules)

(a) for the words “Sub-Divisional Officer” wherever they occur the words “Sub-Divisional Magistrate” shall be substitute. 

(b)for the words “ Department for Welfare of Scheduled Tribes” or “Scheduled Tribe Welfare Department” wherever they occur shall be substituted by “Tribal Welfare Department”.

(c)for the words “Director of Welfare for Scheduled Tribes” wherever they occur, the words “Director for Welfare of Scheduled Tribes” shall be substituted.

(d)“Scrutiny Committee” means a Committee constituted by the State Government for scrutiny of claims of Scheduled Castes Certificate or Scheduled Tribe Certificate under the Department for Welfare of Scheduled Castes, Other Backward Classes & Minorities or Tribal Welfare Department as the case may be. 

(e)“Sub-Committee” means a “Sub-Committee” constituted by the State Government at the Block level / Nagar Panchayat level /Municipal level for the purpose of scrutiny of claims of a Scheduled Castes / a Scheduled Tribe Certificate under the Department for Welfare of Scheduled Castes, Other Backward Classes & Minorities or Tribal Welfare Department as the case may be.

(f) “Vigilance Cell” means a “Vigilance Cell” attached to the Directorate for Welfare of Scheduled Castes & Other Backward Classes   or the Directorate  for Welfare of Scheduled Tribal as the case may be or under the Directorate for Vigilance for the purpose of verification of claims for Scheduled Castes/Scheduled Tribes certificate. 

(g)“Member-Secretary” means a Member-Secretary of the Scrutiny Committee constituted by the Government for scrutiny of Caste/Tribe status of a person who claimed for it.

(h)“Vacancy” or “Vacancies” wherever they occur in these Rules shall be substituted by “Vacant Post” or “Vacant Posts” as the case may be.
 

4.Amendment of Rule –I 

In Rule – 1 of the Principal Rules-

In sub-rule (I)-

For the words “The Tripura Scheduled Caste and Scheduled Tribes (Reservation of vacancies in services and posts) Rules,1992” the words “The Tripura Scheduled Caste and Scheduled Tribes Reservation Rules,1992” shall be substituted.

           

5.In Rule 4 of the Principal Rules sub-rule (3) and (4) shall be deleted.

 

6.Amendment  of Rule-5 

(a)In Rule, 5, sub-rule 1(a), the following proviso shall be inserted, namely :- 

“Provided that an application for  issuance of a community certificate shall be filed at least six months in advance, before seeking admission or an appointment to a post or for any other reason.”

(b)In sub-rule 1(b), after the word “Block level” the word “Nagar Panchayat level” shall be inserted.

(c)In sub-rule 1(f) , the following shall be substituted , namely

“ When any case is referred to the  Directorate for Welfare of Scheduled Castes and Other Backward Classes or the Directorate  for Welfare of Scheduled Tribes for a decision whether a Caste certificate / Tribe certificate should be issued or not , the Director concerned shall cause a thorough enquiry into the matter through Vigilance Cell attached to the Directorate. The Director for Welfare of Scheduled Castes and Other Backward Classes   or the Director for Welfare of Scheduled Tribes will place the vigilance enquiry report, local enquiry report of the Sub-Divisional Magistrate and  opinion of the Sub-Committee received from the Sub-Divisional Magistrate before the Scrutiny Committee for decision. The Committee will examine the Vigilance report and other reports/ records sent by the Sub-Divisional Magistrate and take a decision whether a Caste/Tribe certificate shall be issued or not. The decision of the Committee is final and shall be communicated to the Sub-Divisional Magistrate”

 

(d)In clause (g) of sub-rule (1) after the word “decision of the” and before “Director” the following words shall be inserted : “Scrutiny Committee communicated by the”

(e)In sub-rule 2(c), after the word “Caste certificate” the word “or a Tribe certificate” shall be inserted.

 

7.  Amendment of Rule 6

(1)In sub-rule (1) for the word “or the Government” shall be substituted by “or the Scrutiny Committee”.

(2)In proviso to sub-rule 1, the word “or the State Government as the case may be” shall be deleted.

(3)In the same proviso after the word “Block level” the word “Nagar Panchayat level” shall be inserted.

(4)The following new proviso after the first proviso shall be inserted in Rule 6, namely:-

Further provided that the Scrutiny Committee may also call for all records relating to cancellation / non-cancellation of the Scheduled Caste/Scheduled Tribe certificate on its own or on a complaint made by any person aggrieved against the issue / non-issue of a Scheduled Caste/ Scheduled Tribe certificate as the case may be. The Director for Welfare of Scheduled Castes & Other Backward Classes in case of Scheduled Caste certificate or the  Director for Welfare of Scheduled Tribes in case of Scheduled Tribe certificate shall scrutinise the reports/records of a person in whose favour a Caste/Tribe certificate was issued or whose Caste/Tribe certificate was cancelled by a competent authority and proceed under rule-7.

 

(5) Sub-Rule-2, in Rule-6 shall be substituted, namely –

“(2) The power of the Scrutiny Committee under rule (1) in respect of cancellation of a Scheduled Caste or Scheduled Tribe certificate shall be examined by the Chairman of the Committee constituted by the Government under the Department for Welfare of Scheduled Caste, Other Backward Classes & Minorities or by the Chairman of the Committee constituted under the Tribal Welfare Department as the case may be, as per procedure provided in Rule-7 hereinafter”.

Provided that an aggrieved person whose Caste/Tribe certificate has been cancelled by a competent authority under sub-rule (1) may prefer an appeal within 30 days from the date of cancellation of certificate to the Scrutiny Committee under the Department for Welfare of Scheduled Caste, Other Backward Classes & Minorities or the Tribal Welfare Department as the case may be. On receipt of an appeal by the Scrutiny Committee, the Director concerned shall send it for enquiry through Vigilance Cell and call for all records relating to cancellation of S.C. Certificate / S.T. Certificate as the case may be and place all records including vigilance enquiry report before the Scrutiny Committee for decision.

 

8.Existing Rule-7 shall be substituted, namely

“ 7, Constitution of Scrutiny Committee, its functions and powers”after  the main heading , the following shall be inserted, namely-

(1) The Government shall constitute a Scrutiny Committee of three officers, namely (1) The Secretary of the Department concerned,(II) the Director for Welfare of Scheduled Caste & Other Backward Classes/ Tribal Welfare , as the case may be, and (III) in the case of Scheduled Caste, another officer in the rank of Deputy Director/Joint Director/Additional Director who has intimate knowledge in the verification and issuance of the social status certificates. In the case of the Scheduled Tribes, the Research Officer or the Deputy Director/Joint Director/Additional Director or any other senior officer who has intimate knowledge in identifying the tribes, tribal communities, parts of or groups of tribes or tribal communities.

 

(2)Each Directorate should constitute a vigilance cell consisting of Senior Deputy Superintendent of Police in over-all charge and such number of Police Inspectors to investigate into the social status, claims. The Inspector would go to the local place of residence and original place from which the candidate hails and usually resides or in case of migration to the town or city, the place from which he originally hailed. The vigilance officer should personally verify and collect all the facts of the social status claimed by the candidate or the parent or guardian, as the case may be. He should also examine the school records, birth registration, if any. He should also examine the parent, guardian or the candidate in relation to their caste etc. or such other persons who have knowledge of the social status of the candidate and then submit a report to the Directorate together with all particulars as envisaged in the proforma, in particular , of the Scheduled  Tribes relating to their peculiar anthropological and ethnological  traits, deity, rituals, customs, mode of marriage ,death ceremonies, method of burial of dead bodies etc. by the caste or tribes or tribal communities concerned etc.

 

(3)The Director concerned, on receipt of the report from the vigilance officer if he found the claim for social status to be “not genuine” or “doubtful” or spurious or falsely or wrongly claimed, the Director concerned should issue show-cause notice supplying a copy of the report of the vigilance officer to the candidate by a registered post with acknowledgement due or through the head of the educational institution concerned in which the candidate is studying or employed. The notice should indicate that the representation or reply, if any, would be made within two weeks from the date of the receipt of the notice and in no case on request not more than 30 days from the date of receipt of the notice. In case, the candidate seeks for an opportunity of hearing and claims an inquiry to be made in that behalf, the Director on receipt of such representation /reply shall convene the committee and the Secretary as Chairperson who shall give reasonable opportunity to the candidate/parent/guardian to adduce all evidence in support of their claim. A public notice by beat of drum or any other convenient mode may be published in the village or locality and if any person or association opposes such a claim, an opportunity to adduce evidence may be given to him/it. After giving such opportunity either in person or through counsel, the Committee may make such inquiry as it deems expedite and consider the claims viz-a-vis the objections raised by the candidate or opponent and pass an appropriate order with brief reasons in support thereof.

 

Provided that before passing such order, the Committee shall also  take into consideration the local enquiry report and opinion of the Sub-Committee received from the Sub-Divisional Magistrate.

 

(4)In case the report is in favour of the candidate and found to be genuine and true, no further action need be taken except where the report or the particulars given are procured or found to be false or fraudulently obtained and in the latter even the same procedure as is envisaged in sub-rule-3 be followed.

 

(5) Notice contemplated in sub-rule-3 should be issued to the parent/guardian also in case the candidate is minor to appear before the Committee with all evidence in his or their support of the claim for the social status certificate.

 

(6)The inquiry should be completed as expeditiously as possible preferably by day-to-day proceedings within such period not exceeding two months. If after inquiry, the Caste Scrutiny Committee finds the claim to be false or spurious, they should pass an order canceling the certificate issued and confiscate the same .It should communicate within one month from the date of the conclusion of the proceedings the result of enquiry to the parent/guardian and the applicant.

 

(7)In case of any delay in finalising the proceedings, and in the meanwhile the last date for admission into an educational institution or appointment to an office or post is getting expired, the candidate be admitted by the Principal or such other authority competent in that behalf or appointed on the basis of the social status certificate already issued, on an affidavit duly sworn by the parent/guardian/candidate before the competent officer or non-official and such admission or appointment should be only provisional, subject to the result of the inquiry by the Scrutiny Committee.

 

(8)The order passed by the Committee shall be final and conclusive only subject to the proceedings under Article 226 of the Constitution.

 

(9)No suit or other proceedings before any other authority should lie.

 

(10)The High Court would dispose of these cases as expeditiously as possible within a period of three months. In case, as per its procedure, the writ petition/miscellaneous petition /matter is disposed or by a Single Judge, then no further appeal would lie against that order to the Division Bench but subject to special leave under Article 136.

 

(11) In case, the certificate obtained or social status claimed is found to be false, the parent/guardian/candidate should be prosecuted for making claim. If the prosecution ends in a conviction and sentence of the accused, it could be regarded as an offence involving moral turpitude, disqualification for elective posts or offices under the State or the Union or elections to any local body, legislative or Parliament.

 

(12) As  soon as the findings is recorded by the Scrutiny Committee holding that the certificate obtained was false, on its cancellation and confiscation simultaneously , it should be communicated to the educational institution concerned or the appointing authority by registered post with acknowledgement due with a request to cancel the admission or the appointment. The Principal etc. of the educational institutional responsible for making the admission or for making the admission of the appointing authority, should cancel the admission/ appointment without any further notice to the candidate and debar the candidate from further study or continue in office in a post.

 

9.Amendment of Rule-7

Rule-7 of the Principal Rules shall be renumbered as “Rule 8”.In the renumbered Rules-8, the following proviso shall be inserted in sub-rule 1, namely – 

“Provided that in case of Group A post/service, the Secretary concerned shall be associated with the Selection Committee/Selection Board/Departmental Promotion Committee as the case may be. However , in case the Secretary of a concerned Department is unable to attend, he may nominate concerned Director to represent the Department”. 

 

10.Amendment of Rule-8  

                       

Rule-8 of the Principal Rules shall be renumbered as Rule -9.

(1) In renumbered Rule-9, sub-rule 4, the word “double” shall be deleted. The following shall be inserted at the end of para, namely –

“However the Commission/Selection Committee/Selection Board etc. may also furnish a panel of list of candidates one half number of vacancies in order of merit/preference for consideration by the employer in case nominated candidates fail to accept the offer of appointment.”

(2) Sub-rule 5 shall be substituted by the following except proviso to the sub-rule, namely-

“The Commission or the Selection Committee/Selection Board etc. shall also furnish to the appointing authority separate lists of candidates recommended by it, namely one in respect of Scheduled Castes and one in respect of Scheduled Tribes along with a combined list of all categories of candidates in order of their merit/preference”. 

(3)In sub-rule 9 (b) 

the word “vacancy against any post or service” shall be substituted by the word “vacant post”

 

11.Rule 9 of the Principal Rules shall be renumbered as Rule-10 

In renumbered Rule-10, Sub-Rule-3 shall be substituted, namely 

“A combined list of candidates recommended for promotion in order of their merit or seniority or seniority-cum-fitness etc., as the case may be, indicating each candidate whether he has been considered against a reserved post for SC or ST or un-reserved post.

 

12. Existing Rule-10 shall be deleted

 

13.Maintenance of Records/Roster Registers- Existing “Rule 13” shall be substituted as under:-

           

(1) Every appointing authority shall maintain 100-Point Roster as mentioned in the Scheduled to the Act in Form-4.

(2) In every seniority list the names of Scheduled Caste and Scheduled Tribe incumbents shall be made identifiable by “SC” and “ST” marks respectively against their names.

(3) As provided in para-5 of the Scheduled to the Act, separate 100-Point Roster for each category of post or grade shall be maintained according to the source of recruitment or promotion as specified in the respective Recruitment Rules.

(4) There shall be separate roster for direct recruitment and the promotion as provided in para-3 in the Scheduled to the Act. But for the purpose of calculation of the representation of the reserved category of persons in any service or posts the total number of direct recruits and promotion in the service or posts shall be taken into consideration. In doing so, the total numbers of direct posts shall be taken into consideration first and thereafter the total number of promotion post shall be taken up. In other words, where there is a provision for direct recruitment as well as promotion, the roster point shall start with direct recruitment posts and thereafter, the roster point for promotion post in continuation. 

            Provided that at the initial operation of roster, it will be running account till all posts are filled up by appropriate category of persons and thereafter operation of roster will be stopped. Subsequent appointment /promotion will be made by replacement basis by a person of appropriate category who had vacated the post. In filling up roster point, only reserved category of persons will be filled against post reserved for them. If suitable

reserved category candidates  are not available , the roster point shall be left unfilled till reserved category of persons are appointed /promoted against the posts reserved for them.

 

(5) Isolated individual posts and small cadres of the same class/group of service less than 4 posts and having the same status, salary and the same minimum qualification prescribed for direct recruitment may be grouped together for the purpose of reservation.

 

(6) Roster shall be maintained for admission to Educational Institution, higher studies , in service training  or any other kind of training which leads to appointment/promotion to any service/posts or skilled development as given to the Scheduled to the Act.

 

(7) Post shall be earmarked for PH and Ex-serviceman as provided in para-14 and 15 to the Schedule to the Act.  However, where posts are less than four hundred, roster will be a running account for the purpose of reservation for PH and Ex-serviceman and separate roster shall be maintained for this purpose.

Provided that the Govt. may identify the posts/services against which reservation for PH and Ex-serviceman will be applicable.

 

(8) In case appropriate category of Ex-serviceman and Physically handicapped persons are not available in a recruitment year to fill up the posts reserved for them, the vacancies would be carried forward to the next recruitment year. If no suitable candidate is available in the second recruitment year, the vacancy against will be carried forward to third recruitment year. Even, if no candidate is available in the year, the post will be filled up by a person of appropriate category other than Ex-serviceman and physically handicapped persons. In that case no backlog of Ex-serviceman and   Physically  handicapped shall be carried forward.

 

14.In sub-rule (3) of Rule-13, the word “7” to be replaced by “5”

           

15.In Rule 14 of the Principal Rules, the following shall be inserted

 

“(c) In case of admission to Educational Institutions, the annual report shall be submitted Class-wise/Stream-wise / Branch-wise as soon as admission process is over in From-5.Similar report shall be submitted for selection of candidate for in service training or any other kind of training  which leads to subsequent appointment/promotion or skill development.”

 

16.Amendment of Rule-15

In rule 15(1) in the first line, after the words “Every appointing authority” the word “or the Educational Institutions” shall be inserted.

 

17.Amendment of Rule-16 

(1) In sub-para (1) “Section 11” to be substituted by “Section 7”

(2) In sub-para (2) for the words “under rules (1) and 9(1)” shall be substituted by” under rules 9(1) and 10(1)”

 

18. Amendment of Rule-17

 

(1) For sub-rule(1),the following shall be substituted namely-

“(1) Any one found to have taken action in violation of the provision  contained in the Act and the Rules shall on conviction be punishable with simple imprisonment for a term which may extend to five years and also with fine which may extend to rupees ten thousand”.

 

(2) In sub-rule 2 for the words “shall be punishable with fine which may extend to five thousand rupees”, the word “shall on conviction be punishable with imprisonment and fine as provided in sub-rule (1) above”.

 

(3) In Sub-Rule (4), the “Section -8” shall be substituted by “Section 13”

(4) Sub-Rule (6) of the Principal Rule-17, shall be substituted,namely-

 

When Government sanction for prosecution is given a complaint may be filed in a criminal court having jurisdiction to try the offences within the area where the offence is committed and which is competent to impose imprisonment for a term which may extend to five years and also with fine which may extend to rupees ten thousand. 

 

19.Amendment of Rule-19 

In between  heading and Sub-Rule (a) the word “(4) of Section 11” shall be substituted by “(5) of Section-7” of the Principal Act.

 

20.In Rule 20, sub-rule (2) shall be substituted as under

 

“(2) An aggrieved person may prefer an appeal against an order under clause (b) of rule 19 to the Scrutiny Committee through the Director for Welfare of Scheduled Castes and Other Backward Classes in case of Scheduled Caste certificate or to the Director for Welfare of Scheduled Tribes in case of Scheduled Tribes certificate. On receipt of an appeal, the Director concerned shall refer the matter to the Vigilance Cell for enquiry. He shall also call for all records from the concerned authority and proceed as per provisions contained in Rule-7”

(2) Sub-Rule (3) shall be deleted.

 

21.In Rule 23, sub-rule (2), the following proviso shall be inserted namely

 

“Provided that if the appeal is preferred against an order under clause (b) of Rule 19, the matter shall be dealt with by the Director concerned as per provision contained in Rule-7”

 

22.In Rule-24, sub-rule (1) after the words “to be revised”, the word “excluding  the order passed by the Scrutiny Committee” shall be inserted.

 

23.In Rule-25, the words” Excluding the order passed by the Scrutiny       Committee” shall be inserted at the beginning of the para.

 

24.In Rule-26, after “the Governor under this rules” the words” excluding the order passed by the Scrutiny Committee” shall be inserted.

 

25. In Rule-28, proviso to sub-rule (2) shall be deleted.

 

FORM – 1

FORM OF CASTE / TRIBE CERTIFICATE

(See Rule-3) 

 

This is to certify that Sri/Smti/Kumari……………………………….

S.O, D/O,[       ]……………………………………………………………….

…………….of Village/Town………………………………………………...

……………..under…………………………………………………....Block/

Notified Area /Municipality of……………………………………………….

Sub-Division in………………………Tripura District of the State of Tripura

belongs to the………………………………………………………………...

Community which is recognised as Scheduled Caste/Scheduled Tribe under: 

 

The Constitution (Scheduled Cates) order, 1950 (As amended from time to time in the manner and to the extend specified in the FIRST SCHEDULE).

 

The Constitution (Scheduled Tribes) order, 1950 (As amended from time to time in the manner and to the extend specified in the SECOND SCHEDULE). 

 

Shri/Smti/Kimari……………………………………….and or his/her

family ordinarily resides in Village/Town……………………………………

under………………………………… Block/Notified Area/Municipality of

…………………………………Sub-Division in……………………………

Tripura  District of the State of Tripura.

 

 

Place:                                                               Signature, Name, Designation

Date :                                                                    and seal of the Officer.

 

 

Please delete the words which are not applicable  

 

Note: The term ‘ordinarily resides’ used here will have the same meaning as in Section 20 of the

Representation of the people Act.1950.

 

After sub-para (6) Rule 13, the following shall be inserted 

 

“Provided that in case of admission of Professional / Technical Education or selection of the candidates for in service training or any other kind of training roster shall be got verified by the representative of the S.C. Welfare Department and the Tribal Welfare Department to ascertain the actual number of reserved seats available prior to such admission or selection”

 

Provided further that in case of non-availability of reserved category candidates similar procedure for exchange or de-reservation shall be followed as in the case of services/posts.

 

 

Content maintained by SC,OBC & Minority Welfare Department Ph-0381-2223363 E mail:tripurascobc@rediffmail.com
Site designed, developed and updated by
www.tripurainfo.com,  Hosted by National Informatics Centre, Tripura