 bill no 103 of  2019 the central educational institutions (reservation in teachers' cadre) bill, 2019 a billto provide for the reservation of posts in appointments by direct recruitment of personsbelonging to the scheduled castes, the scheduled tribes, the socially and educationally backward classes and the economically weaker sections, to teachers' cadre in certain central educational institutions established, maintained or aided by the central government, and for matters connected therewith or incidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the central educational institutions (reservation in teachers' cadre) act, 2019(2) it shall be deemed to have come into force on the 7th day of march, 2019definitions52 in this act, unless the context otherwise requires,—(a) "appropriate authority" means the university grants commission established under the university grants commission act, 1956, 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;(b) "branch of study" means a branch of study leading to three principal levels of qualifications at bachelors (under graduate), masters (post graduate) and doctoral levels;(c) "central educational institution" means—(i) a university established or incorporated by or under a central act;5(ii) an institution of national importance established by an act ofparliament;3 of 1956(iii) an institution, declared as an institution deemed to be universityunder section 3 of the university grants commission act, 1956, and maintained by or receiving aid from the central government;10(iv) an institution maintained by or receiving aid from the centralgovernment, whether directly or indirectly, and affiliated to an institution referred to in sub-clause (i) or sub-clause (ii), or a constituent unit of an institutionreferred to in sub-clause (iii); and1521 of 1860(v) an educational institution established by the central government underthe societies registration act, 1860;(d) "direct recruitment" means the process of appointing faculty by inviting applications against public advertisement from persons eligible to teach in a central educational institution;20(e) "economically weaker sections" means such weaker sections as are referredto in explanation to clause (6) of article 15 of the constitution;(f) "faculty" means the faculty of a central educational institution;252 of 2005(g) "minority educational institution" means an institution established andadministered 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;(h) "sanctioned strength" means the number of posts in teachers' cadre approved by the appropriate authority;30(i) "scheduled castes" means the scheduled castes notified under article 341 ofthe constitution;(j) "scheduled tribes" means the scheduled tribes notified under article 342 ofthe constitution;(k) "socially and educationally backward classes" means such  backward classes as are so deemed under article 342a of the constitution;35(l) "teachers' cadre" means a class of all the teachers of a central educational institution, regardless of the branch of study or faculty, who are remunerated at the same grade of pay, excluding any allowance or bonus403 (1) notwithstanding anything in any other law for the time being in force, there shall be reservation of posts in direct recruitment out of the sanctioned strength in teachers' cadre in a central educational institution to the extent and in the manner as may be specified by the central government by notification in the official gazettereservation of posts in recruitments by central educational institutions(2) for the purpose of reservation of posts, a central educational institution shall be regarded as one unit4 (1) the provisions of section 3 shall not apply to—45act  not to apply in certain cases(a) the institutions of excellence, research institutions, institutions of national and strategic importance specified in the schedule to this act;(b) a minority educational institution(2) the central government may, by notification in the official gazette, amend the schedule referred to in clause (a) of sub-section (1) from time to time5laying of notifications before parliament105 every notification made by the central government 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 notificationrepeal and savings6 (1) the central educational institutions (reservation in teachers' cadre)ordinance, 2019 is hereby repealedord 13 of 201915(2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act the schedule [see section 4(1)(a)]| sl no   | name of the institution of excellence, etc   ||-----------|-----------------------------------------------|| (1)       | (2)                                           |1homi 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, mumbai2tata institute of fundamental research, mumbai3north-eastern indira gandhi regional institute of health and medical science, shillong4national brain research centre, manesar, gurgaon5jawaharlal nehru centre for advanced scientific research, bangalore6physical research laboratory, ahmedabad7space physics laboratory, thiruvananthapuram8indian institute of remote sensing, dehradun statement of objects and reasonssub-clause (c) of clause 6 and sub-clause (a) of clause 8 of the university grants commission guidelines, 2006 provide that the cadre or unit for determining reservation roster points in teaching posts in central universities should be the university or college and not the department or subject however, the said clauses were quashed by the high court of allahabad vide wp 43260 of 2016 dated the 7th april, 2017 and the said judgment was upheld by the supreme court the supreme court took a stand that cadres cannot be combined for the purpose of reservation however, the process of recruitment had come to complete standstill leaving more than 7,000 faculty vacancies in various central universities, thus adversely impacting the teaching process and academic standards2 in view of the urgency to fill up the vacant posts and to protect the interests of the scheduled castes, the scheduled tribes and the socially and educationally backward classes, it had become necessary to enact a legislation in the matter3 the central educational institutions (reservation in teachers' cadre) bill, 2019, which seeks to replace the central educational institutions (reservation in teachers' cadre)ordinance, 2019, provides for the following, namely:—(i) to provide for the reservation of posts in appointments by direct recruitment of persons belonging to the scheduled castes, the scheduled tribes and the socially and educationally backward classes, to teachers' cadre in certain central educational institutions established, maintained or aided by the central government and to extend the said reservations to the economically weaker sections in the light of the constitution (one hundred and third) amendment act, 2019;(ii) clause 3 of the bill provides that the extent and the manner of reservation of posts shall be notified by the central government  and for the purpose of reservation of posts a central educational institution shall be regarded as one unit; and(iii) the provisions of clause 3 of the bill shall not apply to the institutions of excellence, research institutions, institutions of national and strategic importance specified in the schedule or a minority educational institution 4 as the parliament was not in session and an urgent legislation was required to be made, the president promulgated the central educational institutions (reservation in teachers' cadre) ordinance, 2019 (ord 13 of 2019) on the 7th day of march, 20195 the bill seeks to replace the aforesaid ordinancenew delhi;ramesh pokhriyal 'nishank'the 4th  june, 2019 financial memorandumin the central educational institutions (reservation in teachers' cadre) bill, 2019, a central educational institution has been treated as one unit for providing reservation to the scheduled castes, the scheduled tribes, the socially and educationally backward classes and the economically weaker sections2 for providing reservation to the aforesaid categories in direct recruitment to the posts of assistant professor level, provision is already made in the regular budget estimates3 further, in order to cater to the requirement of creation of additional faculty posts in central educational institutions due to the provision of 10 per cent  reservation in admission for economically weaker sections category in central educational institutions, a provision of rs71783 crores is required for 2019-20 and 2020-21 and the same has been sanctioned after 2020-21, the additional posts of the faculty will be factored in the regular budget estimates memorandum regarding delegated legislationsub-clause (1) of clause 3 of the bill empowers the central government, by notification, to specify the extent and the manner of reservation of posts in recruitment by the central educational institutions sub-clause (2) of clause 4 of the bill empowers the central government, by notification, to amend the schedule to the bill from time to time2 the matters in respect of which the notifications may be issued are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— abillto provide for the reservation of posts in appointments by direct recruitment of persons belonging to the scheduled castes, the scheduled tribes, the socially and educationally backward classes and the economically weaker sections, to teachers' cadre in certain central educational institutions established, maintained or aided by the central government, and for matters connected therewith or incidental thereto————(shri ramesh pokhriyal 'nishank', minister of human resource development)mgipmrnd—652ls—20062019