Telangana act 026 of 2007 : The Telangana Reservation in favour of Socially and Educationally Backward Classes of Muslims Act, 2007.

Section 1.Short title, extent and commencement.

(1) This Act may be called the ¹Telangana Reservation in favour of Socially and Educationally Backward Classes of Muslims Act, 2007.

(2) It extends to the whole of the State of ¹Telangana.

(3) It shall be deemed to have come into force on the 6th July, 2007.

1. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(a) “Commission” means the ¹Telangana Commission for Backward Classes constituted under the provisions of ² the Telangana Commission for Backward Classes Act, 1993;

(b) “Educational Institutions” means a college, a school imparting education up to and inclusive of tenth class or other institution by whatever name called whether managed by the Government, private body, local authority or University and carrying on the activity of imparting education therein whether technically, professionally including medical or otherwise and includes a polytechnic, Industrial Training Institute and Teachers Training Institute;

(c) “Notification” means a Notification published in the ¹Telangana Gazette and the word 'Notified' shall be construed accordingly;

(d) “Public Services” means Public Services as defined in the ³Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994;

(e) “Schedule” means Schedule appended to the Act.

1. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

2. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

3. Adapted by G.O.Ms.No.16, Finance (HRM.I) Department, dated 26.02.2016.

Section 3.Declaration of Muslim Community and Groups as Backward Classes.

The Communities and Groups of Muslims specified in the Schedule to the Act are hereby declared as socially and educationally backward classes of citizens and they shall be included in the lists of backward classes prepared by the Government from time to time, as Group E.

Section 4.Reservation in favour of Backward Classes of Muslim Communities and Groups.

(1) Subject to the provisions of sub-section (2), there shall be reservation in favour of the socially and educationally Backward Classes of Muslims specified in the Schedule in the matter of admissions in the educational Institutions and in the appointments or posts in the Public Services under the State.

(2) The reservation provided in sub-section (1) shall not be applicable to the Socially Advanced Persons/Sections (Creamy Layer) amongst backward classes of Muslim Groups.

Explanation:- For the purpose of this Act, Socially Advanced Persons/Sections (Creamy Layer) mean and include imposition of an income limit, extent of holding or otherwise by the State Government for the purpose of excluding persons from the benefit of reservation whose income, extent of holding etc., is above the said limit.

Section 5.Percentage of Reservations.

The reservation in favour of socially and educationally backward classes of Muslims specified in the Schedule shall be four percent of the total seats or as the case may be, of the appointments or posts specified in section 4.

Section 6.Power to amend the Schedule.

(1) The Government may by notification amend the Schedule as per the recommendation of the Commission.

(2) Where a Notification has been issued under sub-section (1) there shall, unless the notification is in the mean time rescinded, be introduced in the Legislature of the State as soon as may be, but in any case during the next session of the Legislature following the date of issue of the notification, a Bill on behalf of the Government to give effect to the amendments of the Schedule specified in the notification and the notification shall cease to have effect when such Bill becomes law, whether with or without modifications, but without prejudice to the validity of anything previously done thereunder.

Section 7.Power to make provision by notification.

The Government may, by notification make provision for carrying out all or any of the purposes of the Act.

Section 8.Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of this Act, the Government may make such order not inconsistent with the provisions of the Act as may appear to them to be necessary or expedient for the purpose of removing such difficulty:

Provided that no such orders shall be issued after expiry of two years from the date of commencement of this Act.

Section 9.Repeal of Ordinance.

The Andhra Pradesh Reservation in favour of Socially and Educationally Backward Classes of Muslims Ordinance, 2007 is hereby repealed.