Act 45 of Keyword(s): Backward Classes of Citizens, Educational Institution, Scheduled Castes, Scheduled Tribes

Transcription

1 The Taml Nadu Backward Classes, Scheduled Castes and Scheduled Trbes (Reservaton of Seats n Educatonal nsttutons and of Appontments or Posts n the Servces Under the State) Act, 1993 Act 45 of 1994 Keyword(s): Backward Classes of Ctzens, Educatonal nsttuton, Scheduled Castes, Scheduled Trbes DSCLAMER: Ths document s beng furnshed to you for your nformaton by PRS Legslatve Research (PRS). The contents of ths document have been obtaned from sources PRS beleves to be relable. These contents have not been ndependently verfed, and PRS makes no representaton or warranty as to the accuracy, completeness or correctness. n some cases the Prncpal Act and/or Amendment Act may not be avalable. Prncpal Acts may or may not nclude subsequent amendments. For authortatve text, please contact the relevant state department concerned or refer to the latest government publcaton or the gazette notfcaton. Any person usng ths materal should take ther own professonal and legal advce before actng on any nformaton contaned n ths document. PRS or any persons connected wth t do not accept any lablty arsng from the use of ths document. PRS or any persons connected wth t shall not be n any way responsble for any loss, damage, or dstress to any person on account of any acton taken or not taken on the bass of ths document.

2 4,. TAML NADU C\. " * l * \.?T" '.. ~egktered No M 1) 1 ' (Prce; Rs. 045 EXTRAORDmARY eumlsheo BY AUTHORN t No MADRAS, TUESDAY, JULY 19, 1494 Aad 3, Bhava, Thruvalluvar ~andu2021 p.. Part VSecton 2\ Tam Nadu Actr and.. b.,.. _,< The followng Act of the Tanl Nadu Legslatve Assembly receved the assent of the Presdent on the 19th July 1994 and s hereby publsl~ed for general nformaton : ACT No. 45 OF An Act to provde for. reservato~t oj seals ll e(t1c~lt017~1 ~stt~tlons n tle State and 01 appontments or posts ll tlre servces ttcnder the State,for the Backward Classes of ctzens and f or persons belongng to rlze Sclcduled Castes and tlze Scheduled Trbes n the State of Taml Nndrr. WHEREAS the polcy of reservaton for the socal, economc and educatonal advancement of the people belongng to Backward Classes of ctzens n admssons to educatonal nsttutons n the State and for appontments n the servces under the State has been under mplementaton n the State of Taml Nadu for a long tme ; AND WHEREAS the State of Taml Nadu s a poneer State n provdng kservaton for the underpnvlegcd and the frst communal Government Order was passed n the year 1921 and the proportonal representaton for commultes was made n the year 1927 n the State of Tgml Nadu ; AND WHEREAS a large percentage of populaton of Taml Na.du sufferng from socal and educatonal backwardness for many years have started enjoyng the fruts of the reservaton polcy and have been able to mprove ther lot and attan a hgher standard of lvng ; AND WHEREAS clause (4) of Artcle 15 of the Consttuton enables the State to make any specal provson for the advancement of any soc;ally and educatonally Backward Classes of ctzens or for the Scheduled Castes and the Scheduled Trbes ; AND WHEREAS clause (4) of Artcle 16 of the Consttuton enables the State to make any provson for the reservaton of appontments or posts n favour of any Backward Class of ct~zens whch, n the opnon of the State, s not adequately represented n the servces under the State ;.AND WHEREAS under clause (1) of Artcle 38 of the Consttuton, the State shall strve to pron~ote the nelfare of the people by securng and protectng as effectvely as t may, a socal order n whch justce, socal, economc a~ld poltcal, shall nform all the nsttutons of the natonal lfe ; f~ Group) V2 Ex. (368)1 [ * z ("1 1

3 ",".*$ 2 : d4,*, /*. _..._ 1 CC A _... AND U'HEREAS under clause (2) of Artcle 38 of the Consttuton, the State * shall, n partcular, strve to mnmse the nequaltes n ncome and endeavour to elmnate nequaltes n status, facltes and opportuntes, not only amongst ndvduals but also amongst groups 01 people resdng n dfferent areas or engaged n dfferent vocatons ; AND WYEREAS under clause (b) of Artcle 39 of the Consttuton, the State shall, jn partculal, drect ts polcy towards securng that the ownershp and control cf the materal resources of the communt:~ are so dstrbuted as best to subserve the., common good ; AND WHEREAS uncer clause (c) of Artcle 39 o the Consttutou, the State. shall n partcular, drect ts polcy towards securng that the operaton of the. economc system docs not result n tle concentraton of wealtl~ and means at produc 1 ton to the c019n1~2 getrmen1,,., AND WHFPEAS under Artcle 46 cf the Consttuton, the State shal ;~romote, wth specal care, the educatonal and economc nterests of the weaker sectrcns of the people, znd, n Falrcuar, of the Scheduled Castes and he Scheduled Trbes, and shall Frotect them!ram socal ln~stce a ~ all d torrus of explojtarnll ; AND WHEREAS the represeltatves of ;he varous poltcal partes and socd a _. forums representng backward classes have requested the State Govqrnment to consder all the ramfcatons of the Supreme Court judgment, dated the 16th day of November 1992 n ~zdra Sauqzney Vs. Unon of nda (AR. lc93 SC 477) regardng reservatons under claus'ef(4) of Artcle 16 of the Consttuto~~ nd take steps to protoct ther nterests adquately ; s a AND WHEREAS& the opnon of the state Government, Backward Classes of ctzens, and the pxsons belongng to the Scheduled Castes and the Scheduled Trbes, who consttute the majorty of the total populaton of the State are not adequately represented n the servces under the State n proporton to ther populaton n the State of Taml Nadu ; AND WHEREAS the State Government have, after careful consderaton, taken a polcy decson that the exstng level of sxtynne per cent reservaton n admsson to educatonal nsttutons n the State and n the servces under the State, for the Backward Classes of ctzens and for the persons belongng to the Scheduled Castes and the Scheduled Trbes, should be contnued for ensurng the advancement of the majorty of the people of the State of Taml Nadu ; BE t enacted by the Legslatve Assembly of the State of Taml Nadu n the Fortyfou.cth Year ct the Republc of nda as follows : t ttle,. (1) T'h: Act may be called the Taml Nadu Backward Classes, Scheduled :nt and! Castes and Scheduled Trbes (Reservaton of seats n Educatonal nsttutons and mencement. of appontments or posts n the Servces under the State) Act, (2) t extends to the whole of the State of Taml Nadu. (3) (a) Sectons 2, 3, 4, 5, 6 and 8 shall be deemed to have come nto force on the 16th day of November (b) Secton 7 shall be deemed to have come nto force on the 15th &y:of March laraton. ntons t s hereby declared that ths Act s for gvng efect to the polcy of the State towards securng the prncples lad down n Part V and n partcular, n Artcle 38, clauses (b) and (c) of Artcle 39 and Artcle 46 of the Consttuton. 3. lu ths Act, unless the context otherwse requres, (a) " Backward Classes of ctzens" means the class or classes of :ctzens who are socally and educatonally backward, as may be notfed by the Government n the Tatnl Nadu Goverlznze/zt Gazette, cad ncludes the Most Backward Classes and the Denotfed Communtes ;

4 TAh2L AWDU GOVERNMENT GAZETTE LYTK4ORD.NSRY :a. _ L_ L \ fb, ' &ntztonsl nsrmdon " means () any college or other educatonal nsttuton, mantaned by the State, ar rec~vng ad out of the State funds, or afflated to any unversty establshed by law ncludng an unversty college and a consttuent college ; or ment, () any nsttute or tranng centre recognsed or approved by the Govern wth the object 'of preparng, tranng or gudng ts students for any certfcate, degree or dploma or other academc dstnctons granted or conferred by any Unversty, or authorty establshed or approved n tbs behalf by the Government ; (c) " Government " neans the State Government ; (cl) " Scl~eduled Castes " shall have the same meanng as n the Consttuton ; / / (e) "Scheduled Trbes" shall have the same meanng as n the Consttuton. 4. (1) Notwthstandng anythng contaned n any judgment, decree or order of K any court or other authorty, havng regard o the socal and educatonal backwardness of the Backward Classes of ctzens znd the persons belongng to thc Scheduled Castes and the Scheduled Trbes who consttute the majorty of the total populaton of the State of Taml Nadu, the reservaton n respect of the annual permtted strength n each branch or faculty for admsson nto educatonal nsttut;ons n the State, for the Backward Classes of ctzens and for the persons belongng to the Scheduled Castes and the Scheduled Trbes, shall be sxtynne per cent. a (2) The reservaton referred to n subsecton (1) shall, n rcspect of the persons belongng to the Backward Classes, the Most Backward Classes and Denotfed Communtes, the Scheduled Castes and the Scheduled Trbes, be as hereunder: (a) Backward Classes Thrty per cent.,. ',? yb) Most Backward Classes ant Denotfed Twenty per cent. Communtes. L 6, (c) Scheduled Castes Eghteen per cent. ' (d) Scheduled Trbes One per cent. byl?( 5. (1) Notwthstandng anythng contaned n any judgment, decree or Reservaton order of any court or other autharty, havng regard to the nadequate representaton n appontn the servces under the State, of the Backward Classes of ctzens and the persons ments or belongng to the Scheduled Castes and the Scheduled Trbes, who consttute the majo posts n the 1 n'ty of the total populaton of the State of Taml Nadu, the reservaton for appont, servces undeo' ":. lnents or posts n the servces under the State, for the Backward Classes of ctzens the State. and for the persons belongng to the Scheduled Castes and the Scheduled Trbes, shall be sxtynne per cent. \ ' 'Explanaton.For $he servces under the purposes of ths Act, "servces under the Statk" ncludes., ka y4 *A *; / () the Government ; () the Legslature of the State ; () any local authorty ; 1, (v) any corporaton or company owned or controlled by the Government; or,(y) any other authorty n respect of whch the State Legslzrture has power to make laws.

5 TAML NADU GOVERNMENT GAZETTE EXTRAORDNARY 77 (2) Te reservaton referred to nsubsecton (1) shall, n respect of the persons belongng to the Backward Classes, the Most Backward Classes and Denotfed Communtes, the Scheduled Castes and the Scheduled Trbes, be as hereunder : (a) Backward Classes Thrty per cent. (b) Most Backward Classes and Denotfed Communtes.!] Twenty per cent. (c) Scheduled Castes Eghteen per cent. (d) Scheduled Trbes......,. One per cent. :senatons 6. Notwthstandng anythng contaned n sectons 4 and 5, the clams of the not to be students or members belongng to the Backward Classes of ctzens or the Scheduled affected, Castes or the Scheduled Trbes, shall also be consdered for the unreserved seats, appontments or posts whch sh:lll bc [lled on the bass of mert and where a student or ~lle~nber bclo~g~lg to tllc U:ckw:lrd C1:tsscs 01' ctzens or tllc Schcdulcd Castes or the Scheduled Trbes, s selected on the bass of mert, the number of seats, appontnrents or posts reserved for the Backward Classes of ctzens or for the persons belongng to the Scheduled Castes or the Scheduled Trbes, as the case may be, shall not n any nay be affected. lass% caton of Backward Classes of 1 ctzens. ower to 1 make rules. 7. Tle Government may, from tme to tme, based on the reports presented at the approprate perod: to the Government by the Taml Nadu Backward Classes Commsson consttuted n G.O. Ms. No. 9, Backward Classes and Most Backward Classes Welfare Department, dated the 15th day of March 1993, by notfcaton, classfy or subclassfy the Backward Classes of ctzens for the purposes of ths Act. 8. (1) The Government may make rules for carryng out the purposes of ths Act. (2) (a) All rules made under ths Act shall be publshed n the Tarnl Nadu Government Gazette and unless they are expressed to come nto force on a partcular day, shall come nto force on the day on whch they are so publshed, (b) All notfcatonsssued under ths Act shall, unless they are expressed to conle nto force on a partcular day, come nto force on the day on whch they are publshed. (3) Every rule made or notfcaton or order ssued under ths Act shall, as soon as possble, after t s made or ssued, be paced on the table of the Legslatve Assembly, and f, before the expry of the sesson n whch t s so placed or the next sesson, the Assembly makes any modfcaton n any such rule or notfcatog or order, or the Assembly decdes that the rule or notfcaton or order should not be made or ssued, the rule or notfcaton or order shall thereafter have effect only n such modfed form or be of no effect, as the case may be, so, however, that any such modfcaton or annulment shall he wthout prejudce to the, valdty of anythng prevously done under that rule or notfcaton or order. Valdaton. 9. Notwthstandng an) thng contaned n any judgment, dfcree or order of any court or other authorty, the reservaton of sxtynne per cent made, and anythng done or any acton taken on the bass of such reservaton, by the Government for admssons nto educatonal nsttutons n the State and for appontments or posts n the servces under the State, fo; the Backward Classes of ctzens and for the persons belongng to the Scheduled Castes and the Scheduled Trbes, durng the perod commencng on the 16th day of November 1992 and

6 acton taken. Provded that no such order shall be made after the expry of two years from the date of the publcaton of ths Act n the Taml Nadu Government Gazette.,. (By order of the Governor!,, M. MUVRAMAN,.,. Secretary to Government, m Department... p m D A Group 1V2 EX. (368)2 A= PUBSXXED BY THE DRECTOR OF STATONERY AND PRTNTNG, MADRAS, ON BEHALF OF THE GOVERNMENT OF TAML NADU.