The Central Educational Institutions (Reservation in Teachers' Cadre) Bill, 2019 |The LexSphere Library

SECTION Section 1

Untitled Section

•THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERV ATION IN

•TEACHERS' CADRE) BILL, 2019

•A

•BILL

•to 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.

•B

•E it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

SECTION Section 10

Untitled Section

2.Tata Institute of Fundamental Research, Mumbai.

SECTION Section 11

Untitled Section

3.North-Eastern Indira Gandhi Regional Institute of Health and Medical Science,

Shillong.

SECTION Section 12

Untitled Section

4.National Brain Research Centre, Manesar, Gurgaon.

SECTION Section 13

Untitled Section

5.Jawaharlal Nehru Centre for Advanced Scientific Research, Bangalore.

SECTION Section 14

Untitled Section

6.Physical Research Laboratory, Ahmedabad.

SECTION Section 15

Untitled Section

7.Space Physics Laboratory, Thiruvananthapuram.

SECTION Section 16

Untitled Section

8.Indian Institute of Remote Sensing, Dehradun.

•4

•STATEMENT OF OBJECTS AND REASONS

•Sub-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 W.P. 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 standards.

SECTION Section 17

Untitled Section

2.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 matter.

SECTION Section 18

Untitled Section

3.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.

SECTION Section 19

Untitled Section

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, 2019.

SECTION Section 2

Untitled Section

1.(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, 2019.

SECTION Section 20

Untitled Section

5.The Bill seeks to replace the aforesaid Ordinance.

•N

•EW DELHI; RAMESH POKHRIYAL 'NISHANK'.

•The 4th June, 2019.

•5

•FINANCIAL MEMORANDUM

•In 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 sections.

SECTION Section 21

Untitled Section

2.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 Estimates.

SECTION Section 22

Untitled Section

3.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 Rs.717.83 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.

•6

•MEMORANDUM REGARDING DELEGATED LEGISLATION

•Sub-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 time.

SECTION Section 23

Untitled Section

2.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.

•7

•LOK SABHA

•————

•A

•BILL

•to 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—20.06.2019.

SECTION Section 3

Untitled Section

2.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;

•Short title and

commencement.

Definitions.

•3 of 1956.

•AS INTRODUCED IN LOK SABHA

•Bill No. 103 of 2019

•5

•2

(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;

•(ii) an institution of national importance established by an Act of

•Parliament;

•(iii) an institution, declared as an institution deemed to be 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 sub-clause ( i) or sub-clause ( ii), or a constituent unit of an institution

•referred to in sub-clause (iii); and

(v)an educational institution established by the Central Government under

•the 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;

(e)"economically weaker sections" means such weaker sections as are referred

•to in Explanation to clause (6) of article 15 of the Constitution;

(f)"faculty" means the faculty of a Central Educational Institution;

(g)"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;

(h)"sanctioned strength" means the number of posts in teachers' cadre approved

•by the appropriate authority;

(i)"Scheduled Castes" means the Scheduled Castes notified under article 341 of

•the Constitution;

(j)"Scheduled Tribes" means the Scheduled Tribes notified under article 342 of

•the Constitution;

(k)"socially and educationally backward classes" means such backward classes

•as are so deemed under article 342A of the Constitution;

(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 bonus.

SECTION Section 4

Untitled Section

3.(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 Gazette.

(2)For the purpose of reservation of posts, a Central Educational Institution shall be

•regarded as one unit.

SECTION Section 5

Untitled Section

4.(1) The provisions of section 3 shall not apply to—

(a)the institutions of excellence, research institutions, institutions of national

•and strategic importance specified in the Schedule to this Act;

•3 of 1956.

•21 of 1860.

•2 of 2005.

•Reservation

•of posts in

•recruitments

•by Central

•Educational

Institutions.

•Act not

•to apply in

•certain cases.

•5

•10

•15

•20

•25

•30

•35

•40

•45

•3

(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 time.

SECTION Section 6

Untitled Section

5.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 notification.

SECTION Section 7

Untitled Section

6.(1) The Central Educational Institutions (Reservation in Teachers' Cadre)

•Ordinance, 2019 is hereby repealed.

(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.

•Laying of

•notifications

•before

Parliament.

Ord.13 of

SECTION Section 8

Untitled Section

2019.

•Repeal and

savings.

•5

•10

•15

•THE SCHEDULE

•[See section 4(1)(a)]

Sl.No. Name of the Institution of Excellence, etc.

(1)(2)

SECTION Section 9

Untitled Section

1.Homi 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, Mumbai.