Tamil Nadu Backward Class Christians and Backward Class Muslims (Reservation of Seats in Educational Institutions including Private Educational Institutions and of Appointments or Posts in the Services under the State) Act, 2007
No: 33 Dated: Sep, 15 2007
The Tamil Nadu Backward Class Christians and Backward Class Muslims (Reservation of Seats in Educational Institutions including Private Educational Institutions and of Appointments or Posts in the Services under the State) Act, 2007
Tamil Nadu Act 33 of 2007
An Act to provide for reservation of seats in educational institutions including private educational institutions in the State and of appointments or posts in the services under the State to [* * *] Backward Class Muslims in the State of Tamil Nadu within the thirty per cent reservation for Backward Classes.
Whereas, the policy of reservation for the social and educational advancement of the people belonging to the Backward Classes of citizens in admissions to educational institutions in the State and for appointments in the services under the State has been under implementation in the State of Tamil Nadu for a long time;
And Whereas, the State of Tamil Nadu is a pioneer State in providing reservation for the underprivileged and the first communal Government Order was passed in the year 1921 and the proportional representation for communities was made in the year 1927 in the State of Tamil Nadu;
And Whereas, a large percentage of population of Tamil Nadu suffering from social and educational backwardness for many years have started enjoying the fruits of the reservation policy and have been able to improve their lot and attain a higher standard of living;
And Whereas, the Tamil Nadu Legislature passed the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994);
And Whereas, the Constitution (Seventy-sixth Amendment) Act, 1994, added the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994) enacted by the Tamil Nadu Legislature, to the IX Schedule, so as to give protection to the State Act, under Article 31-B of the Constitution;
And Whereas, the Constitution (Ninety-third Amendment) Act, 2005 incorporating clause (5) of Article 15 of the Constitution enables the making of any special provisions, by law, for the advancement of any socially and educationally Backward Classes of citizens or for the Scheduled Castes or Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions whether, aided or unaided by the State other than minority educational institutions referred to in clause (1) of Article 30 oi the Constitution;
And Whereas, by virtue of clause (5) of Article 15 of the Constitution and also after taking a policy decision that the existing level of sixty-nine per cent reservation, in admission to educational institutions other than minority educational institutions referred to in clause (1) of Article 30 of the Constitution in the State for the Backward Classes of Citizens and for the persons belonging to the Scheduled Castes and Scheduled Tribes, should be continued for ensuring the advancement of the majority of the people of the State of Tamil Nadu, the Tamil Nadu Legislature passed the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Private Educational Institutions) Act, 2006 (Tamil Nadu Act 12 of 2006);
And Whereas, the Backward Class Christians and Backward Class Muslims in this State requested for a separate reservation for them as they could not compete with other communities in the list of Backward Classes published by the Government so as to get their legitimate share in admissions to educational institutions and of appointments or posts in the services under the State;
And Whereas, the issue of providing reservation for Christians and Muslims based on, their social and educational backwardness was considered by the Tamil Nadu Backward Classes Commission;
And Whereas, the said Commission, having considered the issue elaborately, forwarded the recommendations to the Government in which the Commission has recommended the, need for reservation to the Backward Class Christians and, Backward Class Muslims in the State on the basis of their population within the reservation now available for Backward Classes;
And Whereas, it has become imperative to provide for Backward Class Christians and. Backward Class Muslims their due and legitimate share of percentage of reservation from the existing level of reservation of thirty per cent intended for Backward Glasses, in the admission to educational institutions including private educational institutions and of appointments or posts in the services under the State;
And Whereas, the State Government have, after careful consideration, taken a policy decision that in the existing level of thirty per cent reservation to Backward Classes, in admission to educational institutions including private educational institutions in the State and of appointments or posts in the services under the State, three and one-half percent for .Backward Class Christians and three and one-half percent for Backward Class Muslims shall be reserved for ensuring the advancement of the Backward Class Christians and Backward Class Muslims in the State of Tamil Nadu;
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-eighth Year of the Republic of India as follows:-
1. Short title extent and commencement. - (1) This Act may be called the Tamil Nadu Backward Class Christians and Backward Class Muslims (Reservation of Seats in Educational Institutions including Private Educational Institutions and of Appointments or Posts in the Services under the State) Act, 2007.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall be deemed to have come into force on the 15th day of September 2007.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Backward Class Christians" means class or classes of citizens belonging to Christian religion who are socially and educationally backward and n ltified by the Government, under clause (a) of section 3 of the Tamil Nadu Backward Class:s, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational lnstitutions and of appointments or posts in the Services under the State) Act, 1993 (hereinafter referred to as the 1994 Act), in lhe Tamil Nadu Government Gazette as Backward class,
(b) "Backward class Muslim" means class or classes of citizens belonging to Muslim religion who are socially and educationally backward and notified by the Government under clause (a) of section 3 of the 1994 Act in the Tamil Nadu Government Gazette as Backward Class;
(c) "competent authority" means the competent authority appointed under section 6;
(d) "educational institution" shall have the same meaning as defined in the 1994 Act;
(e) "Government" means the State Government;
(f) "prescribed" means prescribed by the rules made under this Act;
(g) "private educational institution" shall have the same meaning as defined in the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Private Educational Institutions) Act, 2006 (Tamil Nadu Act 12 of 2006) (hereinafter referred to as the 2006 Act);