Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment Etc) Act, 1990 Section 2 - Bare Act

Act Info:

In this Act, unless the context otherwise requires ,-

(1) "appointed day" means the date notified under sub-section (2) of section 1;

(2) "appointing authority" in relation to a service or posts, means the authority empowered to make appointment to such service or post;

(3) "establishments in public sector" means,-

(i) a co-operative society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959;

(ii) an educational institution established or maintained or aided by the State Government;

(iii) a Government company within the meaning of section 617 of the Companies Act, 1956;

(iv) a local authority;

(v) a statutory body or corporation established by or under a State or Central Act owned or controlled by the State Government;

(vi) a university established or deemed to have been established by or under any law of the State Legislature;

(4) "other backward Classes" means the communities, castes and tribes notified by the State Government from time to time under Article 15(4) and Article 16 (4) of the Constitution;

(5) "Scheduled Castes" shall have reference to the Scheduled Castes specified in the Constitution (Scheduled Castes) Order, 1950 made under Article 341 of the Constitution of India and as amended from time to time;

(6) "Scheduled Tribes" shall have reference to the Scheduled Tribes specified in the Constitution (Scheduled Tribes) Order, 1950 made under Article 342 of the Constitution of India and as amended from time to time;

(7) "service or post" means a civil service of the State of Karnataka or a civil post under the State of Karnataka, and includes a service or post in the establishment in public sector;

¹[(8) "Unfilled vacancies" means and includes,-

(i) the backlog in direct recruitment as contemplated in the Government order No. DPAR 19 SBC 89 dated 12^thJuly 1989 read with the subsequent Government Order of even number, dated 22^ndJuly 1989 and sub-section (2) of section 4 in respect of a service or post in an establishment in public sector existing as on the date of commencement of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.) (Second Amendment) Act, 2004 (hereinafter referred to as the Second Amendment Act, 2004);

(ii) the vacancies to the extent they were not filled by the persons belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be, as per the classification of the vacancies in accordance with the orders of reservation applicable to direct recruitment while regularising the services of the daily wage employees in an establishment in public sector in accordance with the Government Order issued in this behalf or any rule, statute, bye law, regulation or order etc. issued by any establishment in public sector, and existing as on the date of commencement of the Second Amendment Act, 2004; and

(iii) if even after taking into account the unfilled vacancies mentioned in clauses (I) and (ii) above, the percentage of representation of the persons belonging to the Scheduled Castes and the Scheduled tribes in any service or post in an establishment in public sector to which the order of reservation in direct recruitment under clause (4) of Article 16 of the Constitution are applicable, does not reach fifteen percent in respect of the persons belonging to the Scheduled Castes and three percent in respect of the persons belonging to the Scheduled tribes, as the case may be, of direct recruitment vacancies, then such shortfall of unfilled direct recruitment vacancies existing as on the date of commencement of the Second Amendment Act, 2004.]

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1. Inserted by Act 8 of 2004 w.e.f. 23.2.2004.