The Tamil Nadu Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021

1. (1) This Act may be called the Tamil Nadu Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force at once.

In this Act, unless the context otherwise requires,— (a) “competent authority” means the competent authority appointed under section 6; (b) “Denotified Communities” means the community or communities which are socially and educationally backward and notified as Denotified Communities by the Government under the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994) (hereinafter referred to as the 1994 Act); (c) “educational institution” shall have the same meaning as defined in the 1994 Act; (d) “Government” means the State Government; (e) “Most Backward Classes of citizens” means the class or classes of citizens who are socially and educationally backward and notified as Most Backward Classes by the Government under the 1994 Act; (f) “Part–MBC (V) Communities” means the community or communities mentioned in Part-MBC (V) of the Schedule, which are notified as Most Backward Classes by the Government under the 1994 Act; (g) “Part– MBC and DNC Communities” means the community or communities mentioned in Part- MBC and DNC of the Schedule, which are notified as Most Backward Classes and Denotified Communities by the Government under the 1994 Act; (h) “Part–MBC Communities” means the community or communities mentioned in Part-MBC of the Schedule, which are notified as Most Backward Classes by the Government under the 1994 Act; (i) “private educational institution” shall have the same meaning as defined in the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Private Educational Institutions) Act, 2006 (Tamil Nadu Act 12 of 2006) (hereinafter referred to as the 2006 Act); (j) “Schedule” means the Schedule appended to this Act.

Notwithstanding anything contained in the 1994 Act or the 2006 Act or in any other law for the time being in force or in any judgment, decree or order of any court or other authority, having regard to the social and educational backwardness of the communities notified as Most Backward Classes and Denotified Communities under the 1994 Act, the reservation in respect of annual permitted strength in each branch or faculty for admission into educational institutions including private educational institutions, for Part-MBC (V) Communities, Part-MBC and DNC Communities and Part- MBC Communities shall be ten and a half per cent, seven per cent and two and a half per cent, respectively, within the twenty per cent reservation for the Most Backward Classes and Denotified Communities as provided in the 1994 Act and in the 2006 Act.

Notwithstanding anything contained in the 1994 Act or the 2006 Act or in any other law for the time being in force or in any judgment, decree or order of any Court or other authority, having regard to the inadequate representation in the services under the State, of the communities notified as Most Backward Classes and Denotified Communities under the 1994 Act, the reservation for appointments or posts in the services under the State for Part-MBC (V) Communities, Part-MBC and DNC Communities and Part-MBC Communities shall be ten and a half per cent, seven per cent and two and a half per cent, respectively, within the twenty per cent reservation for Most Backward Classes and Denotified Communities as provided in the 1994 Act and in the 2006 Act. Explanation.— For the purposes of this Act, "service under the State" includes the services under— (i) the Government; (ii) the Legislature of the State; (iii) any local authority; (iv) any Corporation or Company owned or controlled by the Government; or (v) any other authority in respect of which the State Legislature has power to make laws.

Notwithstanding anything contained in sections 3 and 4 of this Act, the claims of the students or members belonging to the communities notified as Most Backward Classes and Denotified Communities under the 1994 Act shall also be considered for the unreserved seats, appointments, or posts which shall be filled up on the basis of merits and where a student or member belonging to a Part-MBC (V) Community or Part-MBC and DNC Community or Part-MBC Community, if selected on the basis of merits, the number of seats, appointments or posts reserved for Part-MBC (V) Communities or Part-MBC and DNC Communities or Part-MBC Communities, as the case may be, shall not in any way be affected.

1. (1) The Government may, by notification, appoint any officer not below the rank of District Backward Class Officer to be the competent authority for the purpose of carrying out the provisions of this Act and the rules made thereunder in respect of private educational institutions. (2) The competent authority shall exercise such powers and perform such functions as may be prescribed.

1. (1) The Government may, in the public interest, by order, direct the competent authority to make an enquiry or to take appropriate proceedings under this Act in any case specified in the order, and the competent authority shall report to the Government the result of the enquiry made or the proceedings taken by him within such period as may be prescribed. (2) On receipt of the report from the competent authority under sub-section (1), the Government shall give such direction as they deem fit and such direction shall be final and binding.

The competent authority appointed under section 6 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).

No suit, prosecution or other legal proceedings shall lie against the competent authority, Government or its Officers for anything, which is in good faith done or intended to be done under this Act or any rule or order made thereunder.

1. (1) The Government may make rules for carrying out the purposes of this Act. (2) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day shall come into force on the day on which they are so published. (b) All notifications or orders issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are so published. (3) Every rule made or notification or order issued under this Act shall, as soon as possible, after it is made or issued, be placed on the Table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or notification or order, or the Assembly decides that the rule or notification or order should not be made or issued, the rule or notification or order 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 rule or notification or order.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order, published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of the publication of the Act in the Tamil Nadu Government Gazette.