The Jammu and Kashmir Reservation (Amendment) Bill, 2023 |The LexSphere Library

SECTION Section 1

Untitled Section

•1

•Bill No. 90 of 2023

•THE JAMMU AND KASHMIR RESERV ATION (AMENDMENT)

•BILL, 2023

•A

•BILL

•further to amend the Jammu and Kashmir Reservation Act, 2004.

•BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as

•follows:—

SECTION Section 2

Untitled Section

1.(1) This Act may be called the Jammu and Kashmir Reservation (Amendment)

•Act, 2023.

(2)It shall come into force on such date as the Central Government may, by notification

•in the Official Gazette, appoint.

SECTION Section 3

Untitled Section

2.In the Jammu and Kashmir Reservation Act, 2004, in section 2,—

(i)in clause (o),—

(A)for sub-clause ( iii), the following sub-clause shall be substituted,

•namely:—

•“(iii) other backward classes declared as such by the Government

•from time to time:";

(B)in the first proviso, for the words "said category", the words "category

•of socially and educationally backward classes" shall be substituted;

•(ii) clause (q) shall be omitted.

•Short title and

commencement.

•Amendment

•of section 2.

•Jammu and

•Kashmir Act

•XIV of 2004.

•AS INTRODUCED IN LOK SABHA

•5

•10

•15

•STATEMENT OF OBJECTS AND REASONS

•The Jammu and Kashmir Reservation Act, 2004 (Jammu and Kashmir Act XIV of

•2004) herein referred to as 'the Reservation Act' was enacted to provide for reservation

•in appointment and admission in professional institutions for the members of the

•Scheduled Castes, the Scheduled Tribes and other socially and educationally backward

classes.

SECTION Section 4

Untitled Section

2.In terms of sub-section ( 2) of section 95 of the Jammu and Kashmir

•Reorganisation Act, 2019 (34 of 2019), the reservation in the Union territory of Jammu

•and Kashmir continues to be governed by the Reservation Act. Currently, the Legislature

•of the Union territory of Jammu and Kashmir is not in place. By a proclamation of the

•President under section 73 of the Jammu and Kashmir Reorganisation Act, 2019 dated

•the 31st October, 2019, the powers of the Legislature of the Union territory of Jammu

•and Kashmir are exercisable by or under the authority of Parliament.

SECTION Section 5

Untitled Section

3.It is proposed to amend section 2 of the Reservation Act by the Jammu and

•Kashmir Reservation (Amendment) Bill, 2023 so as to change the nomenclature of

•"weak and under privileged classes (social castes)" occurring in sub-clause ( iii) of

SECTION Section 6

Untitled Section

•clause ( o), to "other backward classes" and to make consequential amendment in

SECTION Section 7

Untitled Section

•clause ( q), of section 2 of the said Act. The above amendments have been proposed

•on the recommendations of the Jammu and Kashmir Socially and Educationally Backward

•Classes Commission (SEBCC), so as to remove the confusion amongst the general

•public as well as the competent authorities issuing certificates to eligible persons

•due to difference in such nomenclature. The proposed amendment will also enable

•implementation of the Constitution (One Hundred and Fifth Amendment) Act, 2021, in

•letter and spirit.

SECTION Section 8

Untitled Section

4.The Bill seeks to achieve the above objectives.

•N

•EW D ELHI; AMIT SHAH.

•The 11th July, 2023.

•2

•ANNEXURE

•EXTRACT FROM THE JAMMU AND KASHMIR RESERVA TION ACT, 2004

•(XIV OF 2004)

•* * * * *

SECTION Section 9

Untitled Section

2.In this Act, unless the context otherwise requires,—

•* * * * *

(o)"socially and educationally backward classes" mean—

•* * * * *

•(iii) weak and under-privileged classes (social castes), declared as

•such under notification SRO-394 dated 5-9-1981 read with notification SRO-272

•dated 3-7-1982 and notification SRO-271 dated 22-8-1988 as amended from time

•to time:

•Provided that the Government may, on the recommendations of the State

•Backward Classes Commission, make inclusions in, and exclusion from, the said

•category from time to time:

•* * * * *

(q)"weak and under-privileged classes" mean the classes declared as

•such under notification SRO-394 dated 5-9-1981 read with notification SRO-272

•dated 3-7-1982 and notification SRO-316 dated 18-7-1984 as amended from time to time.

•* * * * *

•3

Definitions.

•LOK SABHA

•————

•A

•BILL

•further to amend the Jammu and Kashmir Reservation Act, 2004.

•————

•(Shri Amit Shah, Minister of Home Affairs and Cooperation)

•MGIPMRND—118LS(S3)—14-07-2023.