Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats In Private Educational Institutions) Act, 2006
No: 12 Dated: Jun, 06 2006
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
An Act to provide for reservation of seats in private educational institutions in 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 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 Slate 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 or appointments or posts in Services under the State) Act, 1993;
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 or appointments or posts in Services under the State) Act, 1993 enacted by the Tamil Nadu Legislature, to the IXth Schedule, so as to give protection to the Stale Act under Article 31-B of the Constitution superseding the decision of the Supreme Court fixing a ceiling of 50% under Article 16(4) on the State forwarding the aforesaid Act to the Centre under Article 3'1-C of the constitution;
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 Article 46 of the Constitution, the State shall promote, with special care, the educational and economic interest of the weaker sections of the people, and, in particular, of the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of exploitations.
And Whereas, the 93rd Constitution Amendment 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), Article 30 of the Constitution;
And Whereas, it has been decided to require reservations to be applied for aided, unaided and deemed Universities;
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-seventh 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 Private Educational Institutions) Act, 2006.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. 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 notified by the Government in the Tamil Nadu Government Gazette and includes the Most Backward Classes and the Denotified Communities;
(b) "competent authority" means the competent authority appointed by the Government under section 6;
(c) "Government" means the State Government;
(d) "private educational institution" means any deemed University or any private college or other private educational institution, including any institute or training center recognised or approved by the Government, whether aided or unaided by the State, other than the minority educational institution referred to in clause (1) a of Article 30 of the Constitution established 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;
(e) "prescribed" means prescribed by the rules made under this Act;
(f) "Scheduled Castes" shall have the same meaning as in the Constitution;
(g) "Scheduled Tribes" shall have the same meaning as in the Constitution.