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
No: 45 Dated: Jul, 19 1994
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
An Act to provide for reservation of seats in educational institutions in the State and of appointments or posts in the services under the State for the Backward Classes of citizens and for persons belonging to the Scheduled Castes and the Scheduled Tribes in the State of Tamil Nadu.
Whereas, the policy of reservation for the social, economic and educational advancement of the people belonging to Backward Classes of citizens in admissions to educational institutions in the State and for appointments in the sendees 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 under privileged 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, clause (4) of Article 15 of the Constitution enables the State to make any special provision for the advancement of any socially and educationally Backward Classes of citizens or for the Scheduled Castes and the Scheduled Tribes;
And Whereas, clause (4) of Article 16 of the Constitution enables the State to make any provision for the reservation of appointments or posts in favour of any Backward Class of citizens which, in the opinion of the State, is not adequately represented in the services under the State;
And Whereas, under clause (1) of Article 38 of the Constitution, the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political, shall inform all the institutions of the national life;
And Whereas, under clause (2) of Article 38 of the Constitution, the State shall, in particular, strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals, but also amongst groups of people residing in different areas or engaged in different vocations;
And Whereas, under clause (b) of Article 39 of the Constitution, the State shall, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
And Whereas, under clause (c) of Article 39 of the Constitution, the State shall, in particular, direct its policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
And Whereas, under Article 46 of the Constitution, the State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and, in particular, at the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation;
And Whereas, the representatives of the various political parties and social forums representing backward classes have requested the State Government to consider all the ramifications of the Supreme Court judgment, dated the 16th day of November 1992 in Indra Sawhney v. Union of India, AIR 1993 SC 477 regarding reservations under clause (4) of Article 16 of the Constitution and take steps to protect their interests adequately;
And Whereas, in the opinion of the State Government, Backward Classes of citizens, and the persons belonging to the Scheduled Castes and the Scheduled Tribes, who constitute the majority of the total population of the State are not adequately represented in the services under the State in proportion to their population in the State of Tamil Nadu;
And Whereas, the State Government have, after careful consideration, taken a policy decision that the existing level of sixty-nine per cent reservation in admission to educational institutions in the State and in the services under the State, for the Backward Classes of citizens and for the persons belonging to the Scheduled Castes and the Scheduled Tribes, should be continued for ensuring the advancement of the majority of the people of the State of Tamil Nadu;
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-fourth Year of the Republic of India as follows: -
1. Short title, extent and commencement. - (1) This Act may be called 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.
(2) It extends to the whole of the State of Tamil Nadu.
(3) (a) Sections 2, 3, 4, 5, 6 and 8 shall be deemed to have come into force on the 16th day of November 1992.
(b) Section 7 shall be deemed to have come into force on the 15th day of March 1993.
2. Declaration. - It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles laid down in Part IV and, in particular, in Article 38, clauses (b) and (c) of Article 39 and Article 46 of the Constitution.
3. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Backward Classes of citizens" means the class or classes of citizens who are socially and educationally backward, as may be notified by the Government in the Tamil Nadu Government Gazette, and includes the Most Backward Classes and the Denotified Communities;
(b) "educational institution" means-
(i) any college or other educational institution, maintained by the State, or receiving aid out of the State funds, or affiliated to any University established by law including an University college and a constituent college; or
(ii) any institute or training centre recognised or approved by the Government, with the object of preparing, training or guiding its students for any certificate, degree or diploma or other academic distinctions granted or conferred by any University, or authority established or approved in this behalf by the Government;
(c) "Government" means the State Government;
(d) "Scheduled Castes" shall have the same meaning as in the Constitution;
(e) "Scheduled Tribes" shall have the same meaning as in the Constitution.