Tamil Nadu act 033 of 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.

o-.-o' o GOVERNMEN'' OF TAMIL NADU

2007

[Regd, No. TN/CG Nt 1 1T 12006-08. [Price: Rs. 5.60 paise.

CHENNAI,

Aippasi 19,

MONDAY, NOVEMBER 5, 2OO7

Sarvajith, Thiruvalluvar Aandu-2038

TAMIL NADU

GOVERNMENT

EXTRAORDINARY

GAZETTE

PUBLISHED BY AUTHORITY

Part lV-$ection z Tamil Nadu Acts and Ordinances

CONTENTS

pages

Acrs:

No. 30 of 2jor-Tamir Nadu state Housing Board (Amendment) Act ,. i42 No. 31 of 2007- Tamil Nadu payment of Salaries (Amendment) Acl No. 32 of 2007- Tamil Nadu Appropriation (Nd. 3) Act .. 143-144

". 145-149 No' 33 of 2o0T- ramil Nadu Backward crass christians and Backward crass Musrims (Reservation of seats in Educational lnstitutions including private Educational lnstitutioni and ofAppointments or posts in the Services under the State) Aii ," "" 1b1-154 DTP-|V-2 Ex. (304)-1

[141)

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TAMIL NADU GWAZETTE EXTRAORDINARY 151

The Jollowing Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 4th Novemb

", zool and is n"iJuv pubrished^for generarrn forma tion:-

ACT No. 33 OF 2002,

An Act io provide for reservation of seafs in educational institutions includingprivate educational institutions in the-state

"ia ti iipiintments or posfs in the services under the state to Backward c/ass c'h'ristians and Backward c/ass Maslims in the sfate of ramil Nadu within tn"inir:ty percent reservation for Backward C/asses. wHEREAS, the poricy of reservation for the sociar and educationar advancement of the people belonging to the Backward classes of citizens in admissions to educational institutions in the state and for appointments in ttru services under the State has been under imprementation in the state of ramir Nadu for a rong time; AND wHEREAS, the state of ram.ir Nadu is a pioneer state in provioing reservation for the underprivileged and the first "orrrl"t covernment order was passed in the year.]!-2t. and the proportional representation for communities was made in the year 1927 in the State of Tamil Nadu; AND wHEREAS, a.rarge percentage of popuration of ramir Nadu suffering from social and educational backwardness for many years have started enjoying the fruits of the reservation policy and have been able io improve tneiiiot and altain a higher standard of living; AND WHEREAS,. the Tamil Nadu Legislature passed ihe Tamil Nadu Backward classes, schedured castes and schioured rribes (Reservation of seats in Educationar rnstitutions and of appointments or posts in the services under the State) Act, 1993 (Tamit Nadu Aci 45 of 1994); AND wHEREAS, the constitution (seventy-sixth Amendment) Act, 1994, added the Tamir Nadu Backluard crasses, schedured castes and schedured rribes(Reservation of seats in Educational lnstitutions una oi ,ppointr"nts or posts in the services under the state) Act, 1993 (Tamil Nadu Act a's of 1994) enacted by the Tamil Nadu Legislalure, to the lX Schedule, so as to give-protection to the State Act, under Article 31-B of the Constitution; AND WHEREAS, the constitution (Ninety-thirrl Amendment) Act, 200s incorporating clause (5) of Article 15 of the constitution enables the making of any special provisions, by law, for the advancentent of any socially and eJucalonally Backward classes of citizens or for the Scheduled Casies or Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions inctuOing private educational institutions whether, aided or unaided uy ttre state other thanminority eduoational institutions referred to in clause (1) of Articlf 30 of 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 t"r"tu"tion, in admission to educational institutions other than minoiity 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 crrt.. bnJ

Scheduled Tribes, should be continued for ensuring the advancement of the majority of the people of the state of ramil Nadu, the Tamil Nadu Legislature passej the

Tamil Nadu Backward Classes, Scheduled Castes and ScheduluJTrib". (Reservation

of Seats in Private Educational lnstitutions) 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;

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152 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Short title,

extent^and

com mence-

ment

Def in il io ns

AND WHEREAS, the issue of providing reservation for Chrislians and Musllrns basecl on their social and ecJucational backwarclness 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 CIass Muslims their due and legitimate share of percentage of reservation from the existing level of reservation of thirty^per cent intended for Backward Classes,ⁱⁿ the admission t-o 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 per cent for Backward Class Christians and three and one-half per cent 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 lndia as follows :-

1 (1) This Act may be called the Tamil Nadu Backward Class Christians^and Backward Class Muslims (Reservation of Seats in Educational lnstitutions including private Educational lnstitutions and of appointments or posts in lhe services under^the State) Act, 2007.

(2) lt extends to the whole of the State of Tamil Nadu'

(3) It shall be deemed to have come into force on the 1Sth day of september

2007.

2. ln 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 andⁿ 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 Muslims" 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 ln the 1994^Act;

(e) "Government" means the State Government;

(f) "prescribed" means prescribed by the rules made under this^Act; Tamil^Nadu

Act⁴⁵

of 1994.

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IAM|L NnDu cQVen I eazelrr EXTRAoRDINARY 153 Tamil Nadu

Act^.12 of

2006

(g) "private educationar institution" shail have the same meaning as defined in the Tamir Nadu Backward crasses, i;;"J;; aJr,u, anr, scheduredTribes (Reservation of sears in private Educarionar ;ril;;;;;;t, 2006 (hereinafter referred to as the 2006 Act); o.rrJrrrurrurrsrl A! 3' Notwithstanding anything contained in the 1994 Act or the 2006 Act and notwithstanding anything contained in any judgment, oe.ruu l,. oroer of any court or other authority, having regard to the soclr uno

"i*"iio],.""r"o""k*ardness of the Backward crass christians and Backward crass Musrims, the reservation, in respect of annual permitted strength in each branch or faculty for admission into educational institutions in the state including private educational institutions, for the Backward class christians and Backward crass Musrims shail be three and one_harf per cent and three and one_half per cent, r:espectivety, *itnin-.," iii;;';,. cenr reservation for Backward crasses as provided in the 1gg4 Ac. and in the 2006 Act. {

t

Reservation of

seats in

educationa I

instit utio ns

including

private

educal iona l

instit utions

for the

Backward

Class

C h ristia ns

and

Backward

Class

Muslims

Reservation in

the appoint-

ments or

posts in the

services

under the

State.

4' Notwithstanding anything contained in the 1994 Act and notwithstandinganything contained in any judgment, decree or order of any court or other authority, having regard to the inadequate representation in the services under the State, of the Backward crass christians and Backwaro crass M;rl;;r, the reservation for appointments or posts in the services under the i,ri""r"r"ihe Backward crass christians and Backward crass Musrims shail be three and one_harf per cent and three and one-harf per cent, respectivery, within the thirty per cent reservation for Backward Classes as provided in the ig94 Act. Explanation'-For the purpose of this Act, the services under the state includes lhe services under-

(,) the Government;

(ii) the Legislature of lhe Stale;

(iii) any local authority;

(iv) any corporation or company owned or controiled by the Government;or

(v) any other aurhority in respect of which the state Legisrature has power to make laws. - --'

. .5. Notwithstanding,anything contained in sections 3 and 4, the craims of the students or members belonging to the Backward class christians and Backward class Musrims shail arso be considered for the unreserved -seats, appointments or posts which shall be filled on the basis of merits and where a student or member belonging to the Backward class christians or Backward class Muslims is seleited on the basis of merit, the number of seats, appointments or posts reserved for Backward class christians or Backward crass Musrims, as the case may be, shail not in any way be affected. 6' (1) The Government may, by notificarion, appoint any officer not berow the rank of District Backward classes and Minorities welfare officer to be the competent authority for the purposes of carrying out the provisions of this Act and the rules made thereunder in respect o-f privJte educational institutions.

(2) The competent authority shail exercise such powers and perform such functions as may be prescribed.

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TAMILNADUGOVERNMENTGAZETTEEXTRAqR?INARY154 Power ef

Government

to^give

direction.

Competent

authority to

be public

s erva n t.

Protection of

action taken

in good faith.

Power^to

make rules.

Power^to

remove

dif ficuities

Repeal^and

saving.

7" (1) The Government may' in the public interest' by order' direct the competent

authority to make "n "nfuiry

or to take. apfropriate proceedings under this Actⁱⁿ any case specified in-i.,e order, and the lompeteni authority .shall

report to^the

Government the resuri or-g," "nqriry

made o, t'r'" proceedings taken by him within

such period as may be Prescribed'

(2)onreceiptofthereportfromthecompetentauthorityundersub-section(1)' theGovernmentshallgivesuchdirection""tn"vdeemfitandsuchdirectionshall be final^and binding

S.Thecompetentauthorityappointedr.rndersection6shallbedeemedtobe a public servant *i$ti'iln"- t"aning^of section 21 of^the lndian Penal Code'

g.Nosuit,prosecutionorotherlegalproceedingsshalllie.againstthecompetent authority, gouern,n"nl-or its OfficerJfor anything-which is in,good faith done^or

intended to be done under this Act or any rule or order made thereunder'

10. (1) The Government may make rules for carrying out the purposes of^this

Act.

(2) (a) All rules made under this Act shall be published in the

Tamit Nadu eor"rnrli-Gazette and unless they are expressed to come into force

onapartictllarday,shallcomeintoforceon-tt'"o"yon*ni"ntheyaresopublished. (b)AllnotificationsissuedunderthisActshall,unlesstheyareexpressed tocomeintoforceon"p",ti"ularday,comeintoforceonthedayonwhichthey are Published.

(3) Every rule made or notification or order issued under this Act shall'^as

soon as possible, atter lt is made o'

'i"'ueO'

be placed on^the Table of^the

Legislativenssemoty,andif,beforetheexpi_ryof,thesessioninwhichitissoplaced orthenextsession,theAssemblymakesanymodificationinanysuchruleor notification or order, or the Assembly oe"ioes [n"t tnu rule or notification or order

shouldnotbemadeorissued,theruleornotificationorordershallthereafterhave effect only in sucn mJiriuJtorm or be of no effect, as the case may be, so, however'

that any sucn mooirication or annulment shall be without prejudice to the validity

of anything pr"uioutiy-Oonu 'nOut

that rule or notification or order"

11. lf any difficulty arises in giving effect to the provisions of this Act'^the

Government *"y, iy ln orOe, puu'iis'r"d in th" Tamil Nadu Government Gazette'

makesuchprovisionsnotincens::tentwiththeprovisicnsofthis'Actasappear to them to Oe necess* ot expedient for removing the difficulty:

Providedthatnosuchordershallbemadeaftertheexpiryoftwoyearsfrom the date of commencement of this^Act'

12.(1|TheTamilNaduBackwardClassChristiansandBackwardClassMuslims (Reservation of seats in Educational lnstitutions including Private Educational lnstitutions

and of appointments or posts in tne servicei under tne 5tate1 Ordinance, 2007 is hereby

repealed.

(2) Notwithstanding such repeal' anything done or. any action taken under^the

said ordinan"" rnrri-n* ieemed to have been done or taken under this^Act'

Central Act

XLV of 1860.

Tamil^Nadu

Ordinance

4 of 2O07"

(By Order of the Governor)

S. DHEENADHAYALAN'

Secretary to Government-in-charge,

Law DePariment.

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