Comprehensive Overview: Rules and Implementation Guidelines of Reservation Policies in India

The Rules of Reservation in India are designed to provide opportunities for historically marginalized communities in education and employment. The Supreme Court has outlined specific guidelines to ensure fair representation while maintaining merit-based selection processes. Here's a breakdown of the key rules:

1. Vertical vs. Horizontal Reservations:

• Vertical reservations: (e.g., for SC, ST, OBC) are social reservations.
• Horizontal reservations: (e.g., for women, physically handicapped) are special reservations.

2. Vertical Reservations:

• Candidates from backward classes competing for non-reserved posts won't reduce their community's quota.
• If SC candidates selected through merit exceed the quota, the reserved seats remain intact.

3. Horizontal Reservations:

• Special reservations within social reservations follow a different procedure.
• For example, within SC reservations, if there's a special quota for SC women, seats are first filled based on SC merit.

4. Policy Amendments:

• The government must review and amend policies on horizontal reservations based on Supreme Court judgments.

5. Recent Decision (103rd Amendment):

• The Supreme Court upheld the 103rd Constitutional Amendment, affirming reservations in promotions for SCs and STs.

6. Ex-Servicemen Reservations:

• Specific roster points allocated for Ex-Servicemen in direct recruitment.
• Preference given to women; if not available, men are considered.

7. Reservation for Persons with Disabilities:

• 3% reservation in direct recruitment for persons with disabilities.
• Exemptions allowed based on work nature, subject to committee approval.

8. Horizontal Reservation for Women:

• 33 1/3% reservation for women in various categories.
• Extended to different groups, including Open Competition, Backward Classes, Scheduled Castes, Scheduled Tribes, and others.

9. Sports Quota Reservations:

• 2% reservation for meritorious sports persons in all posts.
• If no eligible sports persons, points allotted to open competition.

10. Economically Weaker Sections (EWS) Reservations:

• 10% reservation for EWS in educational institutions and state government posts.
• Criteria: Gross annual family income below Rs.8.00 lakhs.

11. Amendments and Operational Guidelines:

• Amendments to accommodate reservations for various categories, including EWS.
• Operational guidelines issued for admissions and appointments under EWS reservations.

Key Points on Reservation Percentage and Operational Guidelines:

• 4% reservation for persons with benchmark disabilities.
• 1% each reserved for specific categories: Blindness, Deaf, Locomotor disability, Autism, Multiple disabilities.
• Horizontal reservation explained as special reservations in addition to social reservations.
• Sequence for filling up posts outlined: Open competition, vertical reservations, horizontal reservations.

Reservation for Persons with Benchmark Disabilities:

• Exemption allowed for government departments based on duties.
• Adjustment against unreserved vacancies allowed based on suitability.
• Reservation register maintained with a 100-point cycle for each disability category.

Cycles and Carry Forward Vacancies:

• Three cycles of 100 points each for persons with benchmark disabilities.
• Carry forward of vacancies if not filled in a specific cycle.

Procedure for Filling Vacancies:

• Horizontal reservation cuts across vertical reservation.
• Promotion not denied based on disability; provisions for creating supernumerary posts for PBDs.
• Relaxation of standards allowed if sufficient candidates not available.

General Guidelines:

• Adequacy of representation considered in every cycle.
• Quotas deleted if already filled in earlier cycles.
• Clear specification of quota-wise roster points.

Horizontal Reservation for Meritorious Sports Persons:

• 2% reservation horizontally in direct recruitment.
• Adjustment in roster against respective categories.
• Representation of women ensured after three cycles.

Horizontal Reservation in Promotion for SC/ST and Persons with Benchmark Disabilities:

• No reservation for certain categories.
• Reservation for SC/ST and PWD with compartmental reservation for women.
• Adequacy of women candidates assessed before implementing horizontal reservations.

Horizontal Reservation for Women:

• No roster points assigned.
• 33 1/3% representation of women ensured within three cycles.
• Selection process based on merit, followed by reservation quotas.

These guidelines ensure proper representation and opportunities for various sections in government establishments, maintaining a balance between merit-based selection and social inclusivity.

Tenders

TENDER SYSTEM

Procedure for call of Tenders:

Tender notice or Notice Inviting Tender (NIT) will be approved by the officers for the works for which they are competent to accord technical sanction. The Tender document will be prepared by the concerned officers bringing greater transparency indicating the provisions made in the estimates for items which are reimbursable to the contractor with conditions therefore.

Tender invitation & finalization:

For works up to Rs. 50.00 lakh the tender notice shall be published in District Edition of at least one vernacular news paper with wide circulation. For the works costing more than Rs. 50.00 lakh, the tender notice shall be published in at least two news papers having wide circulation at the state level. The Tender schedule should contain not only quantities but also the rates worked out by the department and the amount for each item and the total value of the contract. The Tenderer should indicate his willingness to do the work, either at the estimated value of the work or at a percentage less than the estimated value of the work. Authority should always be reserved to reject any or all the tenders so received without the assignment of a reason and this should be expressly stated in the advertisement.

Publicity to the tenders:

(a)     Copies of tender notices may be sent to all the divisions in that as well as neighboring circles for being exhibited promptly on their notice board.

(b)     Copies of Tender Notice may be sent to all the registered contractors of the above mentioned divisions/circle.

(c)     Copies of tender notice and paper cutting should be recorded with tender documents.

(d)     The tender notices should be sent only to the particular class of registered contractors as specified in the Tender Notice depending upon the value of the work.

Prevention of collusion of Contractors:

Tender schedules shall be issued till a date prior to the last date of submission of tenders. Once a contractor buys a tender schedule, he is not permitted to return the schedule without quoting for the work. After buying a tender schedule if a contractor does not tender for the work, his E.M.D shall be forfeited.

Receipt of Tenders:

The Tenders shall be received at the place and time as specified in the Tender notice. The contractor can submit the tender either personally/through his agent or by post. In case of submission of tender documents by post the delay in receipt of tender is to the account of the tenderer only. Any tender received after the expiry of date and time for its receipt will not be considered by the tender opening authority. Tenders will be finalized by the respective officers for the works costing upto their powers to accord technical sanctions. The time allowed for submission of tenders from the date of publication of tender notice to the date of receipt of tenders is 14 days for the first call and 7 days for the second call. A Format of the Tender notice, format of tender and notice to tenderer whose tender is under consideration, articles of Agreement are given in Annexure both for lump sum and piece work contracts.

  

Cost of Tender schedules:

The cost of tender schedules should be fixed depending upon the number of pages, nature of print and cost of paper etc., and expenditure incurred. The sale proceeds of tender schedule should be appropriately accounted as revenue. The Cost of tender schedules is not refundable.

Tender Premium:

For all works the ceiling of Tender premium is 5 %.( as instructed by the Government in G.O.Ms.No.133, Irrigation & CAD (PE. Reforms) Dept. dt. 20.11.2004). Even after repeated calls (as specified above), if the tender premium is more than 5%, and if it is decided not to accept such tenders the work can be awarded on nomination at the estimated value to a contractor selected from the list of contractors maintained by the department.

Discount Tenders:

Tender up to 15% less than the estimate rate can be accepted. In such cases, the tenderers should be asked to produce a bank guarantee for the amount equivalent to the less % quoted as compared to the estimate value of the work put to tender.

Comparison of tenders:

In most of the cases, the tenders are called for based on sanctioned estimates. But after receiving the tenders, the rates in the sanctioned estimates should not be stated to be unworkable and the tenders compared with modified higher rates based on some data on the plea that the modified higher rates are workable ones. Tenders are invariably to be compared and accepted with reference to the rates in the sanctioned estimates only. If the rates in the sanctioned estimate are found unworkable with reference to the current S.S.R./F.S.R. due to the lapse of time or wrong data etc, the proper course would be either to submit revised estimate adopting current schedule of rates before the tender call is made for approval of the competent authority or to submit the tender along with the data to competent authority justifying higher rates. The powers of accepting tenders up to the permissible limits above the rates in the sanctioned estimates should be used cautiously and only after making sure that the acceptance of such tender is unavoidable.

Acceptance of Tenders:

No tender should be accepted from any person directly or indirectly connected with Government Service. The Officer opening the tenders should invariably date and initial all the pages of tender document irrespective of whether they contain any correction, over-writing etc., If there are corrections in the tender unattested by the tenderer, a note of such correction should be made on the tender itself when it is opened. The officer opening the tenders should keep a personal note of the total number of tenders opened by him and verify therewith the number in the comparative statement of tenders. Other things being equal, normally the lowest tender should be accepted. In selecting the tender the financial status of the tenderer, his capability, the security offered by him or the record of his execution of any works previously should be taken into consideration. In cases where a tender other than the lowest is accepted, a confidential record should be kept of the reasons for doing so, relative merits of various bidders concerned should be discussed and cogent reasons to be given for rejection of the lowest tender. This confidential record should be produced to audit if required by audit.

The acceptance of the tender other than the lowest should be reported to the next higher authority with due justification. The next higher authority shall scrutinize the report carefully and call for more details if necessary. The acceptance or rejection of tenders is however left entirely to the discretion of the officer to whom the duty is entrusted and no tenderer can demand the cause of rejection. Authority should always be reserved to reject any or all of the tenders so received without the assignment of a reason and this should be expressly stated in the advertisement. In the event of two lowest tenders being of same denomination, decision shall be taken by taking lots in the presence of the concerned parties or their nominees.

Pass n Payment orders

PASSING FOR PAYMENT OF SINGLE BILL

The FRO and FSO/DRO are delegated with the following powers for passing bills for making payment on account of work done or supplies made by the contractors/piece workers up to the following limits or any single bill. (Section 101 of A.P. Forest Department Code)

D.F.O.                      Above Rs.50000/-

F.R.O.                      Rs.50000/-

Dy. R.O./F.S.O.       Rs.25000/-

In respect of works upto Rs. 1.00 lakh, A.R. advances can be issued to FROs (through cheque) following the delegation prescribed in the APFD Code (section 108). In such cases, the FROs shall open an interest bearing S.B. account in any Nationalised Bank to which, such AR Advance shall be advanced. Payments for all the bills passed by the FSO/FRO for these works shall be made by the FRO by cheque. The FRO shall render accounts for advances received and payments made, to the DFO every month by the 5th of the succeeding month.

In respect of all the other works (value of which is more than Rs. 1.00 lak), payments should be made only by the Divisional Forest Officer. After execution of such works, after recording the details of works executed in ‘M’ Books and Check measurement, detailed Bills should be prepared by the DyRO/FSO/FRO and the same shall be passed duly following the delegation detailed above. All the bills that are passed by the FRO/DRO/FSO for payment, shall be sent along with the ‘M’ Book to the Divisional Forest Officer for effecting payment. If the Bills have been passed by DRO/FSO, the same shall be countersigned by the Forest Range Officer. All the Bills passed by the FRO and DRO/Forester shall be sent through the Sub-Divl. Forest Officer with his countersignature. They should then be countersigned by the Divl. Forest Officer after due scrutiny with reference to the sanctioned estimates, entries in the ‘M’ Books and details of check measurement.

Payment of bills:

All payments shall be made against bills in formats as prescribed in the A.P. Financial Code after recording the pass order as per particulars recorded in the ‘M’ Book. and after check measurement. The vouchers shall be super scribed as CAMPA works.

After the bills passed or countersigned by the Divisional Forest Officer, the payment should be made directly to the contractor/supplier through crossed cheque or through Electronic Clearance System duly deducting all the recoveries affected in the bill. After the bill is paid, the amount of recoveries so made shall be properly accounted. The ‘M’ Books shall then be returned to the Forest Range Officer and the passed and paid Bills shall be maintained in the Division Office and presented to the Audit as and when required. For all the payment made by the DFO, Cash Book should be maintained only in Division Office.

Only for works that are less than Rs. 1,00,000/- AR Advance may be issued to the Forest Range Officers and recoveries may be made by way of work done. For all such works Cash Books should be written by Forest Range Officer and Bills after paying may be sent along with Cash Accounts to the Divisional Forest Officer for incorporating in Division Cash Book after countersigning the Bills. All these Bills should also be retained in the Division Office and produced for Audit as and when required. The consolidated accounts of entire Division shall be compiled and finalized at Division office by 10^th of every succeeding month.

Maintenance of Vehicles

Rules for use and maintenance of Government Vehicles

     The rules governing the use of staff cars and other Government Vehicles are contained in G.O. Ms. No. 875 and 876, G.A. (Estt, B) Department, dated 28-5-1957 and the amendments issued to them. Instructions have also been issued from time to time with a view to facilitate proper control over the use of the official Vehicles. They have been carefully examined in the light of the similar rules issued by the Government of India. In supercession of the previous rules, the following consolidated rules are issued for regulating the use of Government owned vehicles. These rules apply to all passenger vehicles including staff cars, station wagons, jeeps, land rovers, pick-ups and utility vans and shall come into force with immediate effect.

         It is not intended that these general rules should apply at present where they are in conflict with relevant provisions in the special rules or orders issued or the staff cars under the control of the Board of Revenue, public works, police, planning Departments etc. The Departments of the Secretariat concerned are, however, requested to consider revising the special rules so as to bring them, where necessary, inconformity with the general rules below.

I. Control of Government Vehicles and responsibilities or Controlling Officer:-

1. The staff cars and other motor vehicles maintained by the General Administration Department will be under administrative control of the Deputy Secretary to Government incharge of Staff cars and those maintained by the Departments of the Secretariat and the Heads of Departments will be under the control of the Secretary to Government or the Head of the Department concerned, as the case may be. They will act as controlling officers in respect of the vehicles under their charge.

2. Subject to the orders of the Controlling Officer, the Assistant Secretary incharge of motor vehicles in the General Administration Department or the other departments of the Secretariat, the P.A. or Deputy to the Head of the Department or the Head of the Subordinate office will be responsible for the proper use, care and day-to-day maintenance of the vehicles and for regulating the journeys generally in accordance with these rules.

The following records shall be maintained for each vehicles 

i) A log book in Form “A”

ii)A register showing the repairs, replacements, etc, in 

   Form “B”

iii) A register showing the cost of petrol, oil, etc, in 

    Form “C”

iv) A register of inventory of equipment in Form “D”

v) Hire charges payments Register in Form “E”

vi) Receipt book in Form “F”