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Power to make rules. * * * * STATEMENT OF OBJECTS AND REASONS I Act 7 of 1991.- The Persons belonging to Scheduled Castes/Scheduled Tribes and other Backward Classes of citizens are not adequately represented in the appointments or the posts in the State Civil Services etc., and in Educational Institutions established and maintained by the State Government. The reservations in favour of Scheduled Caste/Scheduled Tribes is available in the Constitution. In Karnataka, reservations are made available to Scheduled Castes/ Scheduled Tribes at 15% and 3% respectively. The identification and classification of other Backward classes are considered necessary. Therefore, the State Government appointed the Karnataka Backward Classes Commission from time to time to determine the Backward Classes citizens in the State for extending special concession under Article 15(4) and 16 (4) of the Constitution of India. On the recommendations of the Commission, Government have classified the Backward Classes of citizens in the State for purposes of Article 15(4) and 16(4) of the constitution of India, and accordingly issued various orders from time to time making necessary reservations in favour of Backward Classes. Now, it is proposed to extend statutory support to all the orders issued in this behalf. Hence this Bill. (Obtained from L.A. Bill No. 25 of 1990) II Amending Act 27 of 1997.- Tahsildars have been issuing caste certificates and Caste and income Certificates. The Hon’ble High Court of Karnataka in Writ Petitions No.4360/97 Shahbaz Hussain Vs. State and SC, ST and OBC Reservations 1991: KAR. ACT 7] 546 others and W.P.No. 4808-81/97 Nandeesha Vs. Tahasildar, has observed that the Karnataka Scheduled Castes/Scheduled Tribes and Other Backward classes (Reservation of Appointment etc.,) Act, 1990 does not contain any provision to empower the Tahasildar to issue “Caste Certificates” to Scheduled Castes and Scheduled Tribes people and “Caste- cum-income Certificates” to persons belonging to Other Backward Classes. Besides, the said Act does not contain any provisions for appeal against the decision of the Tahasildar. Therefore the High Court is of the view that Tahasildar is not competent to issue any such certificate. In the absence of caste certificates or caste-cum-Income certificates, the students belonging to Scheduled Castes/Scheduled Tribes and Other Backward Classes are finding it extremely difficult to get selected on the basis of the reservation made for their categories in the various Educational Institutions. Therefore, it is considered necessary to amend the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.,) Act,- (i) to specify the authority competent to issue caste certificate and caste-cum-income certificate and the procedure to be followed for disposal of application for issue of such certificates. (ii) to provide for appeal against the order of the authority competent to issue the certificates. (iii) to provide for constitution of Verification Committee and for issue of validity certificates. (iv) to provide for appeal against the order of Verification Committee. Hence the Bill. (Obtained from L.A. Bill No. 2 of 1997) III Amending Act 7 of 2004.- It is considered necessary to amend section 13 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.,) Act, 1990 to provide for laying of rules mad under this Act before both the Houses of the State Legislature. Hence the Bill (Obtain from L.C.Bill No. 3 of 2004) 1991: KAR. ACT 7] SC, ST and OBC Reservations 547 IV Amending Act 8 of 2004.- Government issued a Notification dated: 21.11.2001 under the Karnataka Civil Services (Unfilled Vacancies reserved for the persons belonging to Scheduled Castes and Scheduled Tribes (Special Recruitment) Rules, 2001 for filling up of vacancies reserved for persons belonging to the Scheduled Castes and Scheduled Tribes. This Special Recruitment Rules was published under clause (a) of sub-section (2) of section 3 of the Karnataka Civil Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No. DPAR 13 SBC 2001, dated 6th August 2001. The Notification was issued to fill all unfilled vacancies by all the appointing authorities wherever the service conditions are governed by the Karnataka Civil Services Act, 1978. The Cabinet appointed a sub-committee of the Cabinet to monitor and review the progress . The Social Welfare Department was made the nodal Department. As on date the Social Welfare Department has identified 17021 numbers of vacancies out of them, 14485 have already been notified, of which 11573 vacancies are filled up and the balance is in the process of being filled. During the course of the review meeting it was pointed out to the Cabinet Sub Committee that the Karnataka Civil Services (Unfilled Vacancies reserved for the persons belonging to Scheduled Castes and Scheduled Tribes(Special Recruitment ) Rules, 2001 does not apply to the Universities, including Agriculture Universities and other institutions, etc., because they do not come under the purview of the said Rules. The non-inclusion of these institutions under the purview of the Notification dated 21.11.2001 and 1.6.2002 meant that the filling up of the backlog vacancies by the Universities and other institutions could suffer from a legal infirmity In view of the fact that the process of recruitment by these institutions i.e., Universities etc. 80% of the recruitment are already over, both for teaching and non-teaching staff and the persons recruited have already reported and are working, there is an immediate need to amend the Act to legally enforce the recruitment’s already made. To avoid any legal complications, it is provided that the provisions of the Second Amendment Act would not affect any appointment already made, on the ground that the procedure prescribed was not fully or partially followed in making such appointments. Under Sub-rule (5) of rule 7 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of SC, ST and OBC Reservations 1991: KAR. ACT 7] 548 appointments etc.,) (Amendment) Rules, 2000 the Divisional commissioners have been now abolished and all their appellate or revisional powers have been conferred upon the Karnataka Appellate Tribunal by the Revenue Department vide its Notification No. RD 54 Samithi 2002, dated 20.1.2003. Subsequently the Karnataka Land Revenue Act, 1964 was amended by the Amendment Act 21 of 2003 and any appellate or revision power of the Divisional Commissioner under any other enactment or roles has been conferred on the State Government. Accordingly vide his letter appeal No. 127/03 and etc., dated 19.8.2003, the Registrar, Karnataka Appellate Tribunal Bangalore returned all such files stating that appropriate authority to hear such cases would be the Government. Therefore there is an urgent need to provide an appropriate authority, to act as an Appellate authority in place of the then Divisional Commissioners. Considering the nature and volume of work it is felt necessary that the Heads of Departments looking after the welfare and related matters of the Scheduled Castes, Scheduled Tribes and Other Backward Classes who are very conversant with the issues of the Scheduled Castes, Scheduled Tribes and Others Backward Classes be vested with the powers to act as a appellate authorities against the orders of the District Caste Verification Committee/District Caste and Income verification committee in place of the Divisional Commissioners. In view of the above, it is considered necessary to amend the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.,) Act, 1990. Hence the Bill. (Obtained from LC Bill No. 4 of 2004.) IV Amending Act 17 of 2007.- In G.O.NO.RD 9 BMM 2003, dated: 8.9.2005 the posts of Regional Commissioners at Bangalore, Mysore, Gulbarga and Belgaum along with supporting staff has been created. The Regional Commissioners have to be conferred with statutory powers by necessary amendments to the relevant Acts. Since the matter was urgent and the Karnataka Legislature was not in session, the Karnataka Land Revenue and Certain Other Laws (Amendment) Ordinance 2006(Karnataka Ordinance No.5 of 2006) was promulgated to achieve the above Object. 1991: KAR. ACT 7] SC, ST and OBC Reservations 549 Hence the Bill. [L.A.Bill No. 7 of 2007] [Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of India.] V Amending Act 7 of 2012.- The Karnataka Scheduled Castes Scheduled Tribes and other Backward Classes (Reservation of Appointment etc.,) Act, 1990 was enacted to provide for reservation of appointment or posts in favour of the members of the Schedule Castes, Scheduled Tribes and other Backward Classes in the State Civil Services and establishments in public sector and for admission to the Universities and Educational Institutions established or maintained or aided by the State Government with a view to ensure adequate representation to them. It has come to the notice of the Government that there are many cases of obtaining false Caste and Income and Caste Certificates with the connivance of the issuing authorities and there by depriving benefit of reservation available to the members of the Scheduled Castes, Scheduled Tribes and other Backward Classes. Therefore, it is considered necessary to amend the said Act to provide for;- (i) conferment of certain powers of the Civil Court on the Verification Committee and the Tahsildar; (ii) penalties for obtaining false Caste Certificate or Income and Caste Certificate and also for issuing such certificates; (iii) summary trial of offences; (iv) barring the jurisdiction of civil court; (v) cancellation of a degree acquired by a person who had secured admission to an educational institution on the basis of a false caste certificate or Income and Caste Certificate. Certain other consequential provisions are also made Hence the Bill. [L.A. Bill No.42 of 2011, File No.Samvyashae 54 Shasana 2011] [Entry 41 of List II and entries 23 and 25 of List III of the Seventh schedule to the constitution of India.] * * * * SC, ST and OBC Reservations 1991: KAR. ACT 7] 550 KARNATAKA ACT No. 7 OF 1991 (First published in the Karnataka Gazette Extraordinary dated Seventh Day of March, 1991) THE KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENT ETC) ACT, 1990 (Received the assent of the Governor on the 4th day of March, 1991) (As amended by Act 27 of 1997, 7 of 2004, 8 of 2004, 17 of 2007 and 7 of 2012) An Act to provide for the reservation of appointments or posts in favour of the members of the Scheduled Castes, Scheduled Tribes and other Backward Classes in the State Civil Services and establishments in the public sector and in admission to universities and to the educational institutions established or maintained or aided by the State Government. WHEREAS the members of the Scheduled Castes, Scheduled Tribes and other Backward Classes of citizens are not adequately represented in the services or posts in the State Civil Services and establishments in public sector and among the students admitted to the universities and to educational institutions established or maintained or aided by the State Government; AND whereas it is expedient to provide in favour of them such reservation; BE it enacted by the Karnataka State Legislature in the Forty-first Year of the Republic of India as follows :-