CENTRAL EDUCATIONAL INSTITUTIONS RESERVATION IN ADMISSION AMENDMENT ACT, 2012

An Act to amend The Central Educational Institutions (Reservation in Admission) Act, 2006

BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows-

Short Title.

This Act may be called the Central Educational Institutions (Reservation In Admission) Amendment Act, 2012.

Amendment of Section 2.

In section 2 of the Central Educational Institutions (Reservation in Admission) Act, 2006 (hereinafter referred to as the principal Act), after clause (i) the following clauses shall be inserted, namely-

(ia) “specified North-Eastern region” means the area comprising of the States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura in the tribal areas of Assam referred to in the Sixth Schedule of the Constitution.

(ib) “State seats” in relation to a Central Educational Institution means such seats, if any, out of the annual permitted strength in each branch of study or faculty as are earmarked to be filled from amongst the eligible students of the State in which such institution is situated.

Amendment of Section 3.

In section 3 of the principal act the following provisos shall be inserted namely-

Provided that the state seats, if any, in a Central Educational Institution situated in the tribal areas referred to in the Sixth Schedule to the Constitution shall be governed by such reservation policy for the Schedule Castes, the Schedule Tribes and the Other Backward Classes as may be specified by notification in the Official Gazette, by the Government of the State, where such institution is situated:

Provided further that there are no State seats in a Central Educational Institution and the seats reserved for the scheduled castes exceed the percentage specified under clause (i) or the seats reserved for the Scheduled Tribes exceed the percentage specified under clause (ii) or the seats reserved for the Scheduled Caste and Scheduled Tribes taken together exceed the sum of percentage specified under clauses (i) and (ii), but such seats are-

(a) Less than 50% of the annual permitted strength of the date immediately preceding the date of commencement of this Act, the total percentage of the seats required to be reserved for the other backward classes under clause (iii) shall be restricted to the extent such sum of percentages specified under clause (i) and (ii) falls short of fifty per cent of the annual permitted strength;

(b) more than fifty per cent of the annual permitted strength on the date immediately preceding the date of commencement of this Act, in that case no seat shall be reserved for the Other Backward Classes under clause (iii) but the extent of the reservation of seats for the Schedule Castes and the Schedule Tribes shall not be reduced in respect of Central Educational Institutions in the specified North East region.

Amendment of Section 4.

In section 4 of the principal at clause (a) shall be omitted.

Amendment of Section 5.

In section 5 of the principle Act-
(a) in sub-section (1) for the words “number of such seats available” the words “number of such seats available or actually filled, whichever be less”
shall be substituted.

(b) In sub-section (2) for the words “three years”, the words “six years” shall be substituted.