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T h e 7 th M a y 19 94
N o .L G L . 119/9 3/9 3 — T h e fo ll o w in g A ct o f th e A ss am L e g is la ti v e A sse m b ly w h ic h re c e iv e d th e a sse n t o f th e G o v e rn o r is h e re b y p u b li sh e d fo r g e n e ra l in fo rm a ti o n *
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The Assam Gazette 's P t W R 'l EXTRAORDINARY
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GO VE RN MEN T OF ASSAM
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ASSAM ACT NO. XXIX OF 1994
(Received the assent of the Governor on 6th May, 1994)
THE ASSAM DISTRICTWISE POPUL ATION PATTERN REFLECTION IN SERVICES (IN CLASS III AND CLASS
IV POSTS) ACT, 1994-
AN
ACT
to provide for reflection of districtwise population pattern in appointment to Services in Class III and ClassIV posts.
Preamble.
Whe reas it is exp edient to provide for reflection of districtwise population pa ttern in app ointme nt in Services in Class HI and Class IV posts in Gover nm ent and Sem i-Governm ent Offices in order to give pro per rep resentation of vario us sections of the people.
And wherea s the Assam Legislative Assembly, in a r esolution adop ted on 10 th Fe bruary 1976, recom mended to the State Gov ernment to take immediate steps to rationalis e appointme nt in posts in Governm ent and Sem i-Governm ent services so th at the sub-divisionw ise population patte rn in the Sta te is suitab ly reflected ;
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And wherea s it would be mor e ratio nal to ens ure to reflect districtwise population pattern : g
It is hereby enacted In the Forty-fif-
Yf hRblif Idifll y y
th Year of the Republic of India as follows, n am el y:—
. 1- (1) This Act may- be calle d the
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extent ''and Assam Districtwise Population Pattern
fliiSi(iCld p
commence. Reflection in Services (in Class III and ®cn t Class IV posts) Act, 1994. /
(2) It extends to tKe whole of Assam.
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It shall come info force on
cation, appoint.
Definitions. 2. In this Act, unless the context otherwise req uires,—
(a) "Commission" means the Assam Public Service Commission ;
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(b) "G j
(b) "Go vernment" means the State Government of Assam ;
(c) "High Pow er Officer" means an officer of the rank of Addition al Chief Secre tary of the Government appointed as such u nder Section 6 of this Act ;
(d) "Class HI and Class, IV posts" means posts classified as such in the Classification of Services in the Resolution on the Rep ort of Assam Pay Commission, 1988, vide Notification No. FPC. 24/90/128, dated 6th December, 1990 ; ,
(e) "Po pulatio n Pa tte rn " means the ratio or percentage of various classes of population to the total pop ulation of a
dis tric t’ and
(f) "Reserved Categories" means persons belonging to Scheduled Castes/ Scheduled Tribes/Other Bac kward Classes/More Oth er Backward Classes/ Ex-Se rviceman/Phy sica lly Handicapped persons, as the case m ay be. \ \ il
Application. 3. This Act shall apply to services of all Class III and Class IV posts under the Government and Sem i-G ove rnm ent serf vices and agencies recruitm ent to which
are made thro ugh the Commission or otherw ise. u
fppotatment, 4. (1) At the commencemenit of this Ac*t, all appointments to Service s In Class III and Class IV in the Governm ent or Sem i-Go vern men t Offices or agencies which are to be made by direct recruitment shall be regu lated in the following man ne r:—
(a) Minimum Qualification and standard prescribed shall be maintained in all examinatio ns and tests held for the pur pose of recr uitm ent to the Service s in Class IH and Class IV posts. -
(b) Candidates possessing minimum qualification and achieving minimum stan dard shall be g iven due weightage so as to ensure the reflection of the population pattern in the district.
There shall be backlog for not fillin g of the vaca ncy in any yea r for non. av ailabilit y of candidate.
Recruitment 5. Notwith standing anything contaito r'essrva-1 n e d In this Act, recr uitm ent under this tion. Ac t shall be subject to rese rvation in favour of candidates who are members of the Scheduled Castes/the Sched uled Tribe s (Hills)/ the Sche dule d Tribes (Plains)/the Other Bac kwa rd Classes inclu ding More other Bac kward Classes/ the Ex-Servicem an and the Ph ysi cal ly Handicapped persons as laid down by the Gove rnment from time to t ime 9
Prov ided that in reflecting dist rictwise population patte rn in such recruitment the ove rall quota for the reserved categories shall be m aintained '
Provided furth er that the reservation on all counts shall not exceed 50% of the vacancies.
Appointment 5. (i) Th e Gov er nm en t sh al l ap po int PowS'8 a High Power Officer of the rank of Ad-
di'il Chif Slil officer.
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dit'ional Chief Secretary exclusively :—
(i) to examine the population patte rn
in suitable m an ne r;
(ii) to determ ine non rep resentation / more representation/less representati on in terms of the population pa tte rn irr the existing Go vern-
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ment Serv ices/Semi-Gov ernmen t Services; and -baoo
fiii) to recommend to Government the
df flif h l mode of reflection of such pop ulation pattern in rec rui tment to Government / Semi -Go vernment Offices.
The Government shall consider tile reco mmendation of tihe officer appointed under sub-sec tion (1) and shall de-
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m ' tio n in the Official Gazette, make rules for carrying out the purposes of this Act,
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Power to 8- If any difficulty arises in giving euhy.v ve effect t° the provisions of this Act, the Government ma y by ord er published in the Official Gazette, make provision not inco nsis tent with the provisions of this Act as app ears to be necessa ry for remo ving the difficulty.
Power to review.
The Governor shall rev iew the progress made in implementing the provisions of this Act in reflecting the population pattern in the services -in Class Ttl and Class IV posts from time to time at least once in every two vears and taken appropriate measures accordingly.
Repeal and 1 0 . (1) Tht Assam Distirictwise p O p 'i-( A ssa m O rd iSav lng ' ;ation pattern Reflection in services (Classnance^No. l Vil and Class IV posts) Ordinance. 1994, is hereb y repealed
Notwithstanding such repeal, anythin g done or any action taken under the ordinance so repealed shall be deed to have done or taken under the corresponding provision of this Act.
eny
Jnemnrevoo-
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K. LA SK AR , Sec retary to the Govt, of Assam, Leg isla tive Department.
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G ow ah at i: PH ted and . ubiisbe ! bj ibe Dy. D'ra clor (P), Direc torate , cfP tg and Sty. A? a m , Guwahati-2l (Ex. Gazette) N o. 127-W05-
400-6-5-94.
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