Section 1 Short title and commencement
(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 2 Definitions
In this Act, unless the context otherwise requires,
(a) “appropriate authority” means the University Grants Commission established under theUniversity Grants Commission Act, 1956 (3 of 1956), or any other authority or body established by orunder a Central Act for the determination, coordination or maintenance of the standards of highereducation in any Central Educational Institution;
(b) “branch of study” means a branch of study leading to three principal levels of qualifications atbachelors (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 theUniversity Grants Commission Act, 1956 (3 of 1956),, and maintained by or receiving aid from theCentral Government;
(iv) an institution maintained by or receiving aid from the Central Government, whetherdirectly or indirectly, and affiliated to an institution referred to in sub-clause (i) or sub-clause (ii), ora constituent unit of an institution referred to in sub-clause (iii); and
(v) an educational institution established by the Central Government under the SocietiesRegistration Act, 1860 (21 of 1860);
(d) “direct recruitment” means the process of appointing faculty by inviting applications againstpublic advertisement from persons eligible to teach in aCentral Educational Institution;
(e) “economically weaker sections” means such weaker sections as are referred to in Explanationto 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 theminorities under clause (1) of article 30 of the Constitution and so declared by an Act of Parliament or bythe Central Government or declared as a Minority Educational Institution under the NationalCommission for Minority Educational Institutions Act,2004 (2 of 2005);
(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;br(j) “Scheduled Tribes” means the Scheduled Tribes notified under article 342 of the Constitution;br(k) “socially and educationally backward classes” means such backward classes as are so deemedunder article 342 A of the Constitution;br(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, excludingany allowance or bonus.
Section 3 Reservation of posts in recruitments by Central Educational Institutions.
(1)Notwithstanding anything in any other law for the time being in force, there shall be reservation of postsin direct recruitment out of the sanctioned strength in teachers' cadre in a Central Educational Institutionto the extent and in the manner as may be specified by the Central Government by notification in theOfficial Gazette.
(2) For the purpose of reservation of posts, a Central Educational Institution shall be regarded as oneunit.
Section 4 Act not to apply in certain cases.
The provisions of section 3 shall not apply to
(a) the institutions of excellence, research institutions, institutions of national and strategicimportance specified in the Schedule to this Act;
(b) a Minority Educational Institution.
(2) The Central Government may, by notification in the Official Gazette, amend the Schedule referredto in clause (a) of sub-section (1) from time to time.
Section 5 Laying of notifications before Parliament.
Every notification made by the Central Governmentunder this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it isin session, for a total period of thirty days which may be comprised in one session or in two or more successivesessions, and if, before the expiry of the session immediately following the session or the successivesessions aforesaid, both Houses agree in making any modification in the notification or both Houses agreethat the notification should not be made, the notification shall thereafter have effect only in such modifiedform or be of no effect, as the case may be; so, however, that any such modification or annulment shall bewithout prejudice to the validity of anything previously done under that notification.
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