TAMIL NADU SPECIAL RESERVATION OF SEATS IN EDUCATIONAL INSTITUTIONS INCLUDING PRIVATE EDUCATIONAL INSTITUTIONS AND OF APPOINTMENTS OR POSTS IN THE SERVICES UNDER THE STATE WITHIN THE RESERVATION FOR THE MOST BACKWARD CLASSES AND DENOTIFIED COMMUNITIES ACT, 2021

[Act No. 08 of 2021]

[26th February, 2021]

PREAMBLE

An Act to provide for special reservation of seats in educational institutions including private educational institutions in the State and of appointments or posts in the services under the State, in the State of Tamil Nadu within the twenty per cent reservation for Most Backward Classes and Denotified Communities.

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 Government Order providing communal reservation was passed in the year 1921 and the proportional representation for communities was made in the year 1927 in this State;

AND WHEREAS a large percentage of population in Tamil Nadu who were suffering from social and educational backwardness for many years have started enjoying the benefits 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 said Tamil Nadu Act 45 of 1994, enacted by the Tamil Nadu Legislature, to the Ninth Schedule so as to give protection to the State Act, under Article 31-B of the Constitution;

AND WHEREAS under Article 14 of the Constitution, equals and unequals cannot be treated equally and a differential treatment, if made, cannot at all be stated to be discriminatory, if it is having a rational nexus to the object sought to be achieved;

AND WHEREAS the Constitution (Ninety-third Amendment) Act, 2005 incorporating clause (5) of Article 15 of the Constitution enables the making of any special provision, 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 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 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 clause (4) of Article 16 of the Constitution enables the making of reservation to those Backward Classes of citizens which are 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 minimize 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 Vanniakula Kshatriya including Vanniyar, Vanniya, Vannia Gounder, Gounder or Kander, Padayachi, Palli and Agnikula Kshatriya notified as Most Backward Classes, among other classes, under the said Tamil Nadu Act 45 of 1994, requested for a separate quota of reservation for them, as they could not compete with the other communities in the list of Most Backward Classes and Denotified Communities in view of their large population, 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 Tamil Nadu Backward Classes Commission which was earlier consulted on the issue of providing internal reservation for Vanniakula Kshatriya Community had recommended to the Government that separate quota may be provided to the extent of ten and a half per cent for Vanniakula Kshatriya including Vanniyar, Vanniya, Vannia Gounder, Gounder or Kander, Padayachi, Palli and Agnikula Kshatriya listed as Most Backward Classes from out of the twenty per cent reservation provided for the Most Backward Classes and Denotified Communities in educational institutions including private educational institutions as well as, in appointments or posts in the services under the State;

AND WHEREAS, on a reference made to the Chairman, Tamil Nadu Backward Classes Commission in regard to the possibility of providing internal reservation amongst communities listed as Most Backward Classes and Denotified Communities within the twenty per cent available for them under the said Tamil Nadu Act 45 of 1994, the Chairman, by referring to the recommendation of the then Chairman of the said Commission for providing ten and a half per cent reservation to Vanniyakula Kshatriya Community within the said twenty per cent, has stated that to facilitate distributive social justice, there can be no bar to group the other communities notified as Most Backward Classes and Denotified Communities on the proportion of their population and accordingly has suggested that apart from the ten and a half per cent recommended to Vanniyakula Kshatriya Community, the remaining may be grouped into two categories, one with Denotified Communities and the Most Backward Class Communities having similarity with Denotified Communities; and another with other Most Backward Classes not included in the above category and provided with seven per cent and two and a half per cent reservation, respectively, within the overall twenty per cent provided under the said Tamil Nadu Act 45 of 1994;

AND WHEREAS, the State Government, after careful consideration, in order to ensure that the benefit of the twenty per cent reservation provided to the Most Backward Classes and Denotified Communities under the said Tamil Nadu Act 45 of 1994, is equitably distributed among all of them, has taken a policy decision to categorise them and provide each such category with such percentage of reservation within the twenty per cent as suggested above by the Chairman, Tamil Nadu Backward Classes Commission;

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-second Year of the Republic of India as follows:--

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Tamil Nadu Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021.

(2)     It extends to the whole of the State of Tamil Nadu.

(3)     It shall come into force at once.

Section 2 - Definitions

In this Act, unless the context otherwise requires,--

(a)      “competent authority” means the competent authority appointed under section 6;

(b)      “Denotified Communities” means the community or communities which are socially and educationally backward and notified as Denotified Communities by the Government under 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) (hereinafter referred to as the 1994 Act);

(c)      “educational institution” shall have the same meaning as defined in the 1994 Act;

(d)      “Government” means the State Government;

(e)      “Most Backward Classes of citizens” means the class or classes of citizens who are socially and educationally backward and notified as Most Backward Classes by the Government under the 1994 Act;

(f)       “Part–MBC (V) Communities” means the community or communities mentioned in Part-MBC (V) of the Schedule, which are notified as Most Backward Classes by the Government under the 1994 Act;

(g)      “Part– MBC and DNC Communities” means the community or communities mentioned in Part- MBC and DNC of the Schedule, which are notified as Most Backward Classes and Denotified Communities by the Government under the 1994 Act;

(h)     “Part–MBC Communities” means the community or communities mentioned in Part-MBC of the Schedule, which are notified as Most Backward Classes by the Government under the 1994 Act;

(i)       “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);

(j)       “Schedule” means the Schedule appended to this Act.

Section 3 - Reservation of seats in Educational Institutions including Private Educational Institutions

Notwithstanding anything contained in the 1994 Act or the 2006 Act or in any other law for the time being in force or in any judgment, decree or order of any court or other authority, having regard to the social and educational backwardness of the communities notified as Most Backward Classes and Denotified Communities under the 1994  Act, the reservation in respect of annual permitted strength in each branch or faculty for admission into educational institutions including private educational institutions, for Part-MBC (V) Communities, Part-MBC and DNC Communities and Part- MBC Communities shall be ten and a half per cent, seven per cent and two and a half per cent, respectively, within the twenty per cent reservation for the Most Backward Classes and Denotified Communities as provided in the 1994 Act and in the 2006 Act.

Section 4 - Reservation in appointments or posts in the services under the State

Notwithstanding anything contained in the 1994 Act or the 2006 Act or in any other law for the time being in force or 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 communities notified as Most Backward Classes and Denotified Communities under the 1994 Act, the reservation for appointments or posts in the services under the State for Part-MBC (V) Communities, Part-MBC and DNC Communities and Part-MBC Communities shall be ten and a half per cent, seven per cent and two and a half per cent, respectively, within the twenty per cent reservation for Most Backward Classes and Denotified Communities as provided in the 1994 Act and in the 2006 Act.

Explanation.-- For the purposes of this Act, "service under the State" includes the services under--

(i)           the Government;

(ii)         the Legislature of the State;

(iii)       any local authority;

(iv)       any Corporation or Company owned or controlled by the Government; or

(v)        any other authority in respect of which the State Legislature has power to make laws.

Section 5 - Reservation not to be affected

Notwithstanding anything contained in sections 3 and 4 of this Act, the claims of the students or members belonging to the communities notified as Most Backward Classes and Denotified Communities under the 1994 Act shall also be considered for the unreserved seats, appointments, or posts which shall be filled up on the basis of merits and where a student or member belonging to a Part-MBC (V) Community or Part-MBC and DNC Community or Part-MBC Community, if selected on the basis of merits, the number of seats, appointments or posts reserved for Part-MBC (V) Communities or Part-MBC and DNC Communities or Part-MBC Communities, as the case may be, shall not in any way be affected.

Section 6 - Competent authority

(1)     The Government may, by notification, appoint any officer not below the rank of District Backward Class Officer to be the competent authority for the purpose of carrying out the provisions of this Act and the rules made thereunder in respect of private educational institutions.

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

Section 7 - Power of Government to give direction

(1)     The Government may, in the public interest, by order, direct the competent authority to make an enquiry or to take appropriate proceedings under this Act in any case specified in the order, and the competent authority shall report to the Government the result of the enquiry made or the proceedings taken by him within such period as may be prescribed.

(2)     On receipt of the report from the competent authority under sub-section (1), the Government shall give such direction as they deem fit and such direction shall be final and binding.

Section 8 - Competent authority to be public servant

The competent authority appointed under section 6 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).

Section 9 - Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against the competent authority, Government or its Officers for anything, which is in good faith done or intended to be done under this Act or any rule or order made thereunder.

Section 10 - Power to make rules

(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 Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day shall come into force on the day on which they are so published.

(b) All notifications or orders issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are so published.

(3)     Every rule made or notification or order issued under this Act shall, as soon as possible, after it is made or issued, be placed on the Table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or notification or order, or the Assembly decides that the rule or notification or order should not be made or issued, the rule or notification or order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification or order.

Section 11 - Power to remove difficulties

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

Provided that no such order shall be made after the expiry of two years from the date of the publication of the Act in the Tamil Nadu Government Gazette.

THE SCHEDULE

[See section 2(f), (g) and (h)]

PART – MBC (V)

PART – MBC AND DNC (A) MOST BACKWARD CLASSES

(B) DENOTIFIED COMMUNITIES

PART-MBC