KARNATAKA ACT NO. 01 OF 2023

An Act to provide for reservation of seats in educational institutions inthe State of Karnataka and of appointments or posts in the services under theState for the persons belonging to the Scheduled Castes and the ScheduledTribes in the State.

Whereas, the State of Karnataka was formed from the erstwhile MysoreState and the Mysore State joined the Indian Dominion in the year 1948 andwhere as the President of India issued an order under Article 341 and Article342 of the Constitution of India declaring certain castes to be the ScheduledCastes and Scheduled Tribes.

Whereas, the number of castes increased drastically after the inclusionof some more communities, total population of the Scheduled Castes andScheduled Tribes in the State went up by leaps and bound.Whereas, in the year 1976 as per the Scheduled Castes and ScheduledTribes Orders (Amendment) Act, 1976 (Central Act 108 of 1976) thegeographical limitations attach

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1 Short title and commencement

(1) This Act may be called theKarnataka Scheduled Castes and Scheduled Tribes (Reservation of seats inEducational Institutions and of Appointments or posts in the services underthe State) Act, 2022.

(2) It shall be deemed to have come into force with effect from the 01stday of November, 2022.

2 Definitions

(1) In this Act, unless the context otherwise requires,-

(a) “Scheduled Castes” shall have reference to the Scheduled Castesspecified in the Constitution (Scheduled castes) Order,1950 madeunder Article 341 of the Constitution of India and as amended fromtime to time;

(b) “Scheduled Tribes” shall have reference to the Scheduled tribesspecified in the Constitution (Scheduled tribes) Order, 1950 madeunder Article 342 of the Constitution of India and as amended fromtime to time;

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

(d) "Educational Institutions" means any school, college or other educational institution maintained by the State or receiving aid out ofthe State funds;

(e) “Service or Post” means a civil service of the State of Karnataka or acivil post under the State of Karnataka, and includes a service or postin these establishment in the Public Sector;

(f) “Establishment in Public Sector” means, -

(i) a Co-opera

3 Reservation of seats

Having regard to the social and educationalbackwardness of the persons belonging to Scheduled Castes and ScheduledTribes the reservation in respect of each branch or faculty for admission intoeducational institutions in the State for the persons belonging to the ScheduledCastes and the Scheduled Tribes, shall be seventeen percent and seven percent respectively.

4 Reservation in appointments or posts in the services under the State

Having regard to the social and educational backwardness of thepersons belonging to Scheduled Castes and Scheduled Tribes, the reservationfor appointments or posts in the services under the State for the personsbelonging to the Scheduled Castes shall be increased from fifteen percent toseventeen percent and the Scheduled Tribes shall be increased from threepercent to Seven percent, respectively.

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; or

(iv) any corporation or company owned or controlled by the Government.

5 Reservations not to be affected

Notwithstanding anythingcontained in sections 3 and 4, the claims of the persons belonging to theScheduled Castes or Scheduled Tribes shall also be considered for theunreserved seats, appointments or posts which shall be filled on the basis ofmerit and where a person belonging to the Scheduled Castes or ScheduledTribes is selected on the basis of merit, the number of seats, appointments orposts reserved for the Scheduled Castes and Scheduled Tribes as the casemay be, shall not in any way be affected.

6 Power to make rules

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

(2) Every rule made under this Act shall be laid before each House ofthe State Legislature while it is in session for a total period of thirty days whichmay 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 thesuccessive sessions aforesaid, both Houses agree in making anymodification 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 noeffect, as the case may be, so however, that any such modification orannulment shall be without prejudice to the validity of anything previouslydone under that rule.

7 Power to remove difficulties

(1) If any difficulty arises in givingeffect to the provisions of this Act, the Government may by order, makeprovisions not inconsistent with the provisions of this Act as or it be necessaryor expedient for removing the difficulty:Provided that, no such order shall be made after the expiry of a period oftwo years from the date of commencement of this Act.

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

8 Repeal and savings

(1) The Karnataka Scheduled Castes andScheduled Tribes (Reservation of seats in Educational Institutions and ofAppointments or posts in the services under the State) Ordinance, 2022(Karnataka Ordinance 07 of 2022) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action takenunder the said Ordinance, shall be deemed to have been done or taken underthis Act.