KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF SEATS IN EDUCATIONAL INSTITUTIONS AND OF APPOINTMENTS OR POSTS IN THE SERVICES UNDER THE STATE) ACT, 1994

43 of 1994

An Act to provide for reservation of seats in educational institutions in the State of Karnataka and of appointments or posts in the services under the State for the Other Backward Classes of citizens and for persons belonging to the Scheduled Castes and the Scheduled Tribes in the State: Whereas, the policy of reservation for the social and educational advancement of the people belonging to Backward Classes of citizens in admission to educational institutions in the State and for appointments in the service under the State has been under implementation in the State for a long time. And whereas, clause (4) of Article 15 of the Constitution enables the State to make any special provisions 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 Classes 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 the policy towards securing that the operation of the economic system docs 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, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation; And whereas, the Karnataka Third Backward Classes Commission has submitted its report taking into account all available information in regard to social and educational backwardness of the backward communities, castes and tribes and considering the level of poverty of each community, their way of life, standard of living, habits and customs, place of each community in social hierarchy and the State Government has taken into consideration of such report and the guidelines given by the Supreme Court of India in the Judgment of Vasanth Kumar and Another v State of Kamataka and the Judgment delivered on 16-11-1992 relating to reservation tor socially and educationally Backward Classes in particular on the implementation of Mandal Commission Report in Indra Sawhaney v Union of India, (AIR 1993 SC 477); 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 Karnataka And whereas, the State Government after careful consideration of the above factors, have taken a policy decision that the existing level of seventy three per cent reservation in admission to educational institutions in the State and in the services under the State for the persons belonging to the Scheduled Castes and the Scheduled Tribes and other Backward Classes of citizens be raised to eighty per cent for ensuring the advancement of the aforesaid Classes in the State; Be, it enacted by the Karnataka State Legislature in the Forty-fifth year of the Republic of India, as follows.

CHAPTER 1 Preliminary

Section 1 Short title and commencement

(1) This Act may be called the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of seats in Educational Institutions and of appointments or posts in the services under the State) Act, 1994.

(2) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different provisions of the Act.

Section 2 Definitions

In this Act, unless the context otherwise requires

(i) "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 Karnataka Gazette from time to time;

(ii) "Educational Institutions" means,

(a) 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; or

(b) 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;

(iii) "Government" means the Government of Karnataka;

Section 3 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 in general and in particular, Article 38, clauses (b) and (c) of Article 39 and Article 46 of the Constitution.

CHAPTER 2 Reservations of Seats in Educational Institutions and Appointments in Services under the State

Section 4 Reservation of seats

Notwithstanding anything contained in any judgment, decree or order of any Court or other authority having regard to the social and educational backwardness of the other Backward Classes of citizens and the persons belonging to Scheduled Castes and Scheduled Tribes, the reservation in respect of an annual permitted strength in each branch or faculty for admission into educational institutions in the State for the Backward Classes of citizens and for the persons belonging to the Scheduled Castes and the Scheduled Tribes, shall be seventy three per cent.

Section 5 Reservation in appointments or posts in the services under the State

Notwithstanding anything contained in any law or in any judgment, decree or order of any Court or other authority having regard to the social and educational backwardness of the other Backward Classes of citizens and the persons belonging to Scheduled Castes and Scheduled Tribes, the reservation for appointment of posts in the services under the State for the other Backward classes of citizens and for the persons belonging to the Scheduled Castes and the Scheduled Tribes, shall be seventy three per cent. Explanation.For the purposes of this act, "Services 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 6 Reservation for Backward Classes and Scheduled Castes and Scheduled Tribes

(1) The reservation referred to in Sections 4 and 5, shall, in respect of Other Backward Classes, the Scheduled Castes and Scheduled Tribes, be as specified respectively in the Schedule: Provided that no person other than the Scheduled Castes and Scheduled Tribes and Category-I (most backward) of other Backward Classes, shall be entitled for reservation; if.

(i) either of whose parents is a Group-A or Group-B Officer in the service of the Government or holds an equivalent post in public sector undertaking or an employment under a private employer and draws a salary which is not less than that of Group B Officer (initial stage of the pay scale of Rs. 2,050-3,950);

(ii) either of whose parents is an income tax assessee/wealth tax assessee;

(iii) either of whose parents is assessed to sales tax;

(iv) either of whose parents or both together own more than ten hectares of rainfed wet land or its equivalent as specified in the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962);

(2) The Government may, from time to time based on the recommendations or reports made, at the appropriate periods to the Government, by the Karnataka State Commission for Backward Classes by notification, classify or sub-classify the Backward Classes specified in the Schedule or modify the Schedule for the purpose of this Act.

(3) Every notification issued under sub-section (2) shall be laid before each House of the State Legislature in the manner specified in sub-section (2) of Section 8.

Section 7 Reservations not to be affected

Notwithstanding anything contained in Sections 4 and 5, the claims of the students or members belonging to other Backward Classes of citizens or the Scheduled Castes or Scheduled Tribes, shall also be considered for the unreserved seats, appointments or posts which shall be filled on the basis of merit and where a student or member belonging to other Backward Classes of citizens or the Scheduled Castes or the Scheduled Tribes, is selected on the basis of merit, the number of seats, appointments or posts reserved for other Backward Classes of citizens or for the persons belonging to the Scheduled Castes or Scheduled Tribes as the case may be, shall not in any way be affected.

Section 8 Power to make rules

(1) The Government may by notification in the Official Gazette make rules for carrying out the provisions of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of State Legislature while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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.

Section 9 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order published in the Official Gazette make provisions not inconsistent with the provisions of this Act as appear to it be necessary or expedient, for removing the difficulty;

Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under this section shall as soon as may, after it is made, be laid before each House of State Legislature.

SCHEDULE 1 SCHEDULE

SCHEDULE [See Section 6]SCHEDULE

[See Section 6]

SI.

No.

 Class of persons

 Percentage of Reservation

1

 2

 3

1.

 Scheduled Castes

 18 Per cent

2.

 Scheduled Tribes

 5 Per cent

3.

 Category-I (Most Backward)

 7 For cent

4.

 Category-II (a) (Relatively more Backward)

 20 Per cent

5.

 Category-II (b) (More Backward)

 6 Per cent

6.

 Category-III(a) (Backward)

 7 Per cent

7.

 Category-III(b) (Relatively Backward)

 10 Per cent

 Total

 73 Per cent