The Kerala State Backward Classes (Reservation of Appointments or Posts in the Services under the State) Act, 1995

THE KERALA STATE BACKWARD CLASSES (RESERVATION OF APPOINTMENTS OR POSTS IN THE SERVICES UNDER THE STATE) ACT, 1995

(ACT 16 OF 1995)

CONTENTS Sections:

(1) This Act may be called the Kerala State Backward Classes (Reservation of Appointments or Posts in the Services Under the State) Act, 1995. (2) It extends to the whole of the State of Kerala. (3) Section 5 of this Act shall be deemed to have come into force on the 12th day of March, 1993 and the remaining provisions of this Act shall be deemed to have come into force on the 2nd day of October, 1992.

In this Act, unless the context otherwise requires,— (a) 'Commission' means the Kerala State Commission for Backward Classes constituted under section 3 of the Kerala State Commission for Backward Classes Act, 1993 (11 of 1993); (b) 'Backward Classes' means such Backward Classes of citizens (other than Scheduled Castes and Scheduled Tribes), as specified by the Government from time to time, and included in List III of the Schedule to Part I of the Kerala State and Subordinate Services Rules, 1958 framed under Article 309 of the Constitution; (c) 'Government' means the Government of Kerala; (d) 'State' means the State of Kerala.

It is hereby declared, having regard to known facts in existence in the State,— (a) that there are no socially advanced sections in any Backward Classes who have acquired capacity to compete with forward classes; and (b) that the Backward Classes in the State are still not adequately represented in the services under the State and they continue to be entitled to reservation under clause (4) of Article 16 of the Constitution.

4. Reservation of 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 Backward Classes of citizens, the system of reservations as in force on the date of commencement of this Act, as laid down in rules 14 to 17 of Part II of the Kerala State and Subordinate Services Rules, 1958, in appointments and posts in the services under the State for the Backward Classes of citizens, shall continue as such, for the present.

5. Additional functions of the Commission.—The Commission shall, in addition to the functions already conferred under the Kerala State Commission for Backward Classes Act, 1993 (11 of 1993), evaluate from time to time, the degree of backwardness of the Backward Classes, and shall submit periodical reports to the Legislative Assembly of the State.

6. Validation.—Notwithstanding anything contained in any judgment, decree or order of any court or other authority, the reservation of appointments or posts in the services under the State for the Backward Classes of citizens made, on the basis of the system of reservation as laid down in rules 14 to 17 of Part II of the Kerala State and Subordinate Services Rules, 1958, shall, for all purposes, be deemed to be and to have always been validly made, in accordance with law, as if this Act had been in force at all material times when such reservations had been made.