Bare ActsThe Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991

Section 6

Power to exempt

Amendment status not verified — confirm the current text below against the official source.

Power to exempt. (1) If the State Government is of opinion that the reservation for members of the Scheduled Castes or the Scheduled Tribes shall not be applied to any specialised service or post in view of the specialised qualification or experience necessary and in absence of such qualified candidates from amongst the Scheduled Castes and the Scheduled Tribes the State Government may, by notification published in the official gazette, exempt such service or post, from the operation of this Act. (2) Every notification under Sub-Section (1) shall be laid, as soon as it is published, before the Tripura Legislative Assembly. [7. Maintenance and inspection of records and submission of annual report : (1) Every authority shall maintain such records as may be prescribed and on requisition of the competent authority produce the same for inspection; (2) Every appointing authority shall furnish to the State Government an annual report on appointments made by it during the previous recruitment year and shall also furnish to the State Government such other reports or information as may be required; (3) Any officer authorized by this Act or by the rules made there-under or by the State Government in that behalf may inspect any record or document which are maintained in relation to the provisions of this Act and the rules made there-under; (4) It shall be the duty of every authority to produce the records or documents for inspection by the officer authorized under Sub-Section (3) and furnish such information and offer such assistance as may be necessary for him to carry out his functions under this Act or the rules made there-under; (5) Notwithstanding anything contained in the Tripura Civil Service (Conduct) Rules, 1988 or in any other rules or orders, any member of the Scheduled Castes or Scheduled Tribes who is adversely affected on account of non- compliance with any provision of this Act or the rules made there-under may directly bring the fact to the notice of the State Government by an application and on such application being made by him the State Government or an authority empowered by the State Government may call for such records and take such decision thereon as it may deem fit;] 1 1.Inserted by the 2nd Amendment Act,2005 -7- [(6) The State Government, of its own may, at any time, call for any record or records maintained under the provisions of this Act or the rules made there- under, review any order or decision and pass such order or orders or take such decision, not inconsistent with the provisions of this Act and the rules made there-under, as it may deem fit; . (7) Any order or orders passed or decision taken under Sub-Section(5) and (6) shall be final and binding on all concerned] 1 [8. Offences and Penalties: (1) (a) If an appointing authority makes any appointment in contravention of the provisions of Section 4 of the Act or the rules made there-under, he 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. In addition, the State Government may, if it considers necessary, draw up disciplinary proceedings against such appointing authority for punishment under the service rules; (b) Nothing contained in Sub-Section(1)(a) above shall apply in relation to an appointment to any service or post of which the appointing authority is the Governor; (c) If any authority who is authorized to authenticate orders of the Governor, issues or causes to be issued an order of appointment of which the appointing authority is the governor, in contravention of Section 4(a) of the Act or the rules made there-under, shall, on conviction, be punishable with imprisonment and fine as provided in Sub-section(1) (a) above; (2) Whoever, having authority to admit, recommend, select or nominate any student to any educational Institution, admits, recommends or selects or nominates any student for higher studies or whoever having authority to admit, recommend, select or nominate any candidate or in-service personnel for higher studies or training, admits, recommends, selects or nominates any candidate in violation of Section 5 of the Act or the rules made there-under shall, on conviction, be punishable with imprisonment and fine as provided in Sub-Section(1) (a) above ;] 1

Section 6 – The Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991 | DailyLaw.ai