Act
Name : THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION
IN ADMISSION) ACT, 2006
Act title : NO. 5 OF 2007
Enactment date : [3rd January, 2007.]
THE CENTRAL EDUCATIONAL INSTITUTIONS
(RESERVATION IN
An Act to provide for the reservation in admission of
the students belonging to the Scheduled Castes, the Scheduled
Tribes and the Other Backward Classes of citizens, to
certain Central Educational Institutions established,
maintained or aided by the Central Government, and for
matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-seventh Year
of the Republic of India as follows:-
1. Short title.- This Act may
be called the Central Educational Institutions (Reservation
in Admission) Act, 2006.
2. Definitions.- In this Act,
unless the context otherwise requires,-
(a) "academic session"
means the period in a calendar year, or a part thereof,
during which a Central Educational Institution is open
for teaching or instruction in any branch of study or
faculty;
(b) "annual permitted strength"
means the number of seats, in a course or programme for
teaching or instruction in each branch of study or faculty
authorised by an appropriate authority for admission of
students to a Central Educational Institution;
(c) "appropriate authority"
means the University Grants Commission, the Bar Council
of India, the Medical Council of India, the All India
Council for Technical Education or any other authority
or body established by or under a Central Act for the
determination, coordination or maintenance of the standards
of higher education in any Central Educational Institution;
(d) "Central Educational
Institution" means-
(i) a university established or incorporated by or under
a Central Act;
(ii) an institution of national importance set up by an
Act of Parliament;
(iii) an institution, declared as a deemed University
under section 3 of the University Grants Commission Act,
1956, and maintained by or receiving aid from the Central
Government;
(iv) an institution maintained by or receiving aid from
the Central Government, whether directly or indirectly,
and affiliated to an institution referred to in clause
(i) or clause (ii), or a constituent unit of an institution
referred to in clause (iii);
(v) an educational institution set up by the Central Government
under the Societies Registration Act, 1860;
(e) "faculty" means the faculty of a Central
Educational Institution;
(f) "Minority Educational Institution" means
an institution established and administered by the minorities
under clause (1) of article 30 of the Constitution and
so declared by an Act of Parliament or by the Central
Government or declared as a Minority Educational Institution
under the National Commission for Minority Educational
Institutions Act, 2004;
(g) "Other Backward Classes" means the class
or classes of citizens who are socially and educationally
backward, and are so determined by the Central Government;
(h) "Scheduled Castes" means the Scheduled Castes
notified under article 341 of the Constitution;
(i) "Scheduled Tribes" means the Scheduled Tribes
notified under article 342 of the Constitution;
(j) "teaching or instruction in any branch of study"
means teaching or instruction in a branch of study leading
to three principal levels of qualifications at bachelor
(undergraduate) masters (postgraduate) and doctoral levels
.
Reservation of seats in Central
Educational Institutions.
3. Reservation of seats in Central Educational Institutions.
-
The reservation of seats in admission
and its extent in a Central Educational Institution shall
be provided in the following manner, namely:-
(i) out of the annual permitted strength in each branch
of study or faculty, fifteen per cent. seats shall be
reserved for the Scheduled Castes;
(ii) out of the annual permitted strength in each branch
of study or faculty, seven and one-half per cent. seats
shall be reserved for the Scheduled Tribes;
(iii) out of the annual permitted strength in each branch
of study or faculty, twenty-seven per cent. seats shall
be reserved for the Other Backward Classes.
4. Act not to apply in certain
cases.- The provisions of section 3 of this Act shall
not apply to-
(a) a Central Educational Institution established in the
tribal areas referred to in the Sixth Schedule to the
Constitution;
(b) the institutions of excellence, research institutions,
institutions of national and strategic importance specified
in the Schedule to this Act:
Provided that the Central Government may, as and when
considered necessary, by notification in the Official
Gazette, amend the Schedule;
(c) a Minority Educational Institution as defined in this
Act;
(d) a course or programme at high levels of specialisation,
including at the post-doctoral level, within any branch
of study or faculty, which the Central Government may,
in consultation with the appropriate authority, specify.
5. Mandatory increase of seats.
-
(1) Notwithstanding anything contained
in clause (iii) of section 3 and in any other law for
the time being in force, every Central Educational Institution
shall, with the prior approval of the appropriate authority,
increase the number of seats in a branch of study or faculty
over and above its annual permitted strength so that the
number of seats, excluding those reserved for the persons
belonging to the Scheduled Castes, the Scheduled Tribes
and the Other Backward Classes, is not less than the number
of such seats available for the academic session immediately
preceding the date of the coming into force of this Act.
(2) Where, on a representation
by any Central Educational Institution, the Central Government,
in consultation with the appropriate authority, is satisfied
that for reasons of financial, physical or academic limitations
or in order to maintain the standards of education, the
annual permitted strength in any branch of study or faculty
of such institution cannot be increased for the academic
session following the commencement of this Act, it may
permit by notification in the Official Gazette, such institution
to increase the annual permitted strength over a maximum
period of three years beginning with the academic session
following the commencement of this Act; and then, the
extent of reservation for the Other Backward Classes as
provided in clause (iii) of section 3 shall be limited
for that academic session in such manner that the number
of seats available to the Other Backward Classes for each
academic
6. Reservation of seats in admissions
to begin in calendar year, 2007.- The Central Educational
Institutions shall take all necessary steps, which are
required in giving effect to the provisions of sections
3, 4 and 5 of this Act, for the purposes of reservation
of seats in admissions to its academic sessions commencing
on and from the calendar year, 2007.
7. Laying of notifications before
Parliament.- Every notification made under this Act shall
be laid, as soon as may be after it is made, before each
House of Parliament 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 notification or both
Houses agree that the notification should not be made,
the notification 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 notification.
THE SCHEDULE
[See section 4(b)]
S. No. Names of the Institutions of Excellence, etc.
1. Homi Bhabha National Institute, Mumbai and its constituent
units, namely:-
(i) Bhabha Atomic Research Centre, Trombay;
(ii) Indira Gandhi Centre for Atomic Research, Kalpakkam;
(iii) Raja Ramanna Centre for Advanced Technology, Indore;
(iv) Institute for Plasma Research, Gandhinagar;
(v) Variable Energy Cyclotron Centre, Kolkata;
(vi) Saha Institute of Nuclear Physics, Kolkata;
(vii) Institute of Physics, Bhubaneshwar;
(viii) Institute of Mathematical Sciences, Chennai;
(ix) Harish-Chandra Research Institute, Allahabad;
(x) Tata Memorial Centre, Mumbai.
2. Tata Institute of Fundamental Research, Mumbai.
3. North-Eastern Indira Gandhi Regional Institute of Health
and Medical Science, Shillong.
4. National Brain Research Centre, Manesar, Gurgaon.
5. Jawaharlal Nehru Centre for Advanced Scientific Research,
Bangalore.
6. Physical Research Laboratory, Ahmedabad.
7. Space Physics Laboratory, Thiruvananthapuram.
8. Indian Institute of Remote Sensing, Dehradun.
K. N. CHATURVEDI,
Secy. to the Govt. of India.