 bill no 76 of 2006 the central educational institutions (reservation in admission) bill, 2006 a billto 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 theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—short title1 this act may be called the central educational institutions (reservation inadmission) act, 2006definitions2 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;3 of 1956(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);21 of 1860(v) an educational institution set up by the central government under the societies registration act, 1860; (e) "faculty" means the faculty of a university or of any other educational institution;2 of 2005(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 341of the constitution;(i) "scheduled tribes" means the scheduled tribes notified under article 342of the constitution;(j) "teaching or instruction in any branch of study" means teaching or instruction leading to three principal levels of qualifications at bachelor (undergraduate), masters (postgraduate) and doctoral  levels in agriculture and allied sciences, architecture, dentistry, engineering, law, management, medicine, nursing, pharmacy, technology, veterinary science or such other branch of study, as may be notified by the central government in the official gazette3 the reservation of seats in admission and its extent in a central educational institution shall be provided in  the following manner, namely:—reservation of seats in central educational institutions(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 classes4 the provisions of section 3 of this act shall not apply to—act not to apply in certain cases(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, specifymandatory increase of seats5 (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 session are commensurate with the increase in the permitted strength for each year6  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, 2007reservation of seats in admissions to begin in calendar year, 2007laying of notifications before parliament7 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 nonames of the institutions of excellence, etc1homi 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 reasonspart iv of the constitution containing the directive principles of state policy, in article 46, lays down that 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 access to education is of utmost importance in insuring advancement of persons belonging to the scheduled castes, the scheduled tribes, and the socially and educationally backward classes of citizens, who are also referred to as the other backward classes (obcs)2 the constitution (93rd amendment)  act, 2005, inserted clause (5) in article 15 of the constitution, with a view to promote the educational advancement of the socially and educationally backward classes of citizens, the scheduled castes and the scheduled tribes through special provisions relating to admission of students belonging to these categories in all educational institutions, including private educational institutions, whether aided or unaided by the state in terms of this provision, parliament as well as the state legislatures are empowered to make appropriate laws for the educational advancement of the  weaker sections of the people3 with a view to give effect to the consitutional provisions,  it is expedient and necessary to make statutory provisions  in the proposed bill for reservation in matters of admissions for the students belonging to the scheduled castes (scs), the scheduled tribes (sts) and the socially and educationally backward classes of citizens (obcs) in the central educational institutions, including institutions deemed to be universities established, maintained or aided by the central government the provisions of the proposed bill, inter alia, will not apply to the minority educational institutions referred to in clause (1) of article 304 the bill seeks to achieve the above objectivenew delhi;arjun singhthe 23rd august, 2006 financial memorandumclause 5 of the bill makes provision for mandatory increase of seats in the central educational institutions, which will be attained over a maximum period of three years beginning with the academic session following the commencement of provisions of the bill though, it may not be possible to quantify the financial requirement on this account at this stage, whatever be the expenditure, it would be met from the consolidated fund of india through budgetary provision under the department of higher education, ministry of human resource developmentthe bill does not involve any other expenditure memorandum regarding delegated legislationsub-clause (g) of clause 2 of the bill defines the expression "other backward classes"so as to mean the class or classes of citizens who are socially and educationally backward and are so determined by the central government sub-clause (j) of clause 2 empowers the central government to notify other branches of study2 proviso to sub-clause (b) of clause 4 empowers the central government to amend, as and when considered necessary, the schedule to the bill, containing the names of the institutions of excellence, research institutions of national and strategic importance  subclause (d) of clause 4 empowers the central government to specify the courses or programmes at high levels of specialisation, including at the post-doctoral level, to which the provisions of the bill shall not apply3 clause 5 empowers the central educational institutions to increase the number of seats in a branch of study or faculty with the prior approval of the appropriate authority; and provides that the central government may, in consultation with the appropriate authority, permit, by notification, the central educational institutions to increase the annual permitted strength over a maximum period of three years in certain exigency4 clause 7 provides that every notification made under this bill shall be laid before both the houses of parliament5 all the matters in respect of which notifications may be made 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———— a billto 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————