Professional Documents
Culture Documents
Sub: Reservations for admission to the Educationai tnstitutions as per Article 15(4) and
Employment as per Article 16(4) of the Constitution of lndia and New Creamy Layer
Policy Orcjers....reg.
Read: 1. c.o. No. swD 150 BcA 94 Dated: 17-09-94
2. G.O. No. SWD 251 BCA 94 Dated: 31-01-95
3. G.O. No. SWD 394 BCA 94 Dated: 1442-96
4. Lefter No. KSCBC:MS/Reports/2000-01 Dated: 14-12-2000 of the Mernber
Secretary Karnataka State Commission for Backward Classes.
Preamble:
ln Govt. Order Dated: 17-09-94 read (1) above, Govt. have formulated reservation policy
for Schedule Casts and Scheduled Tribes and other Backward Classes for admissions to
professional courses for the year 1994-95 as per the lists of castes enclosed thereto as follows:
CATEGORY-I 4Oh
2. Under the said order Dateci: '17{9-94 it has also been staled that no person other than
belonging to Scheduled Castes, Scheduled Tribes and Category-l of Backward Ciasses shall be
entitled to the benefrt of reservation for admission to professional courses unless he/she satisfies
the conditions of the creamy layer speclfied there under.
3. ln G.O. Dateo: 31-01-1995 reat at Sl. No. 2 above, the aforesaid reservation and creaniy
layer policy enr,,isagecl in the order Dated: 17-09-94 read at Sl. No. (1 ), has been made
applicable to fie employment too, under Article r i,a l of the Constitution of lndia.
4. ln G.O. Dated: 1442-96 r@d at it hl,.r. (3) above the Creamy Layer Policy existed as on
01-01-95 for the purpose of admistlo^ ."r the professional courses was also made applicable to
employment with retrospective eii-ctfrom 01-0'1-91.
5. ln Writ Petition No.438/94 the Hon'ble Supreme Court of lndla have passed an interim
order stating that the reservation in any case should not exceed 50%. Similar writs bearing No.
417194, and 694/94 are pending disposal before the Hon'ble Supreme Court. Therefore, in G.O.
No. SWD 6'l BCA 95 Dated: 28-12-95 the cunency of the 50% reservation specified in G.O.
Dated: 17-09-94 and 13-01-95 has been extended till the final decision in WP No. 43A194,471194
and 694i94 is taker, by Hcn'ble Supreme Court.
6. Now the Karnataka State Commission for Backward Classes have submitted special
report and 71 advices vide their letter Dated: 04-12-2AC0 read at Sl. No. 4 above. Pending
consideration of the entlre repod, the Govemment have examined in detail the Creamy Layer
Policy contained in the Special Report and 71 Advices, relaung to inclusions, deletions,
conection of spellings etc. and have made the following ordeis.
lraS-l
')
Gove:'nrnent Cr,ler llo. 5w) ?:5 BCA 2C00, DateC: 30th March 2002
proposal the Gove:':r-ent a!'e Fleased to make
^1er careful :cnsiCeration 3f :he ?l'cve
t1g isllowir g :r.1eis.
3. daggaru (nr
) \andiwala
4 Ea rar Jhi (:1 ) D .h ounta
la Jr
(o) Pichguntala
-Elo.
1
L .-----
(d ) lo I
1r) ia v?a1t\
l_l I
(.) Barki.rBarika
3
5t.
I
1,3'ne of the Caste C, liame c{ tf.? Caste
I
No. N;
(d) BestLar (aii) Slviy-:r
(m) Gangakula I
(f) Lrcrr illran
I
(d) Ari Katikelu (b) Batter
(e) Kalal Khatik (c) Burned
t95,5 -L
6
si-tdi I
a r f,i+hi
--1
rO ,a) Siki..ali3ara (n) Saqara
_l
(o) Shrkalgar (o) lsunn ac ara
(c) Shikkalioar unia UPp3rg
(c)
+
C':itragar Uopali.van
!r-llr
I
51 (a) Tewar I
Kalati E,-f
Yeralu
1b)
f-
I ra verk?la
(c) 58.
-t
Kallar
_T
i)
(d)
ta\
ll':::" tb Ei'akala
Tilari (c) K aikadi
(b) Tirali (d) Kor3g31
5t,
Ntr
l'Jarne of U,e Caste l;l-
ln"
-T Narne of the Caste
62.
T--
c..
I
63.
--|--
I Deria
-I1 78. (a)
(b)
Kalkari, Kelkari
Kn3lkan
64.
-T
l. Birardi 79. (a') Kolhati
(b) Bhatgr (b) Koihatrgr
65. (a) Chara 80. l\4asanra Yogi
l5a5 -r
!c
8
t @)
(b)
\l3vinrig
P::iyala rDaksl"ina K'lnnaCa &
(.e)
(f)
lhlr-?r3ia (apu
Palli
r_tdupi)
+
(p)
L'1{ qa ih) Bailu Akkasali
tq) Na;rtl.a (i) 3crlt.t K:x '.'-.ara
lr) IJptr.tliq (i) 3rc?:,1
rs) N:wi (k) a h ai-.te? ?r
' r1rr1n -i;- 7;:- ttir).1
rt)
(u)
Lg 31:l:"r:li
Nhavi I t..r Krrk:ni Arh ar
^,) I
I
\/a;-.tri /L 1^.-t ( .F 1^.r? l-"- 3:ive3rya 313h:t'in
I
It
sl. r\dme of the Caste sr Na"ne of ti'e Caste
No. Nc.
(o) Gejigara (b) Atha"i
(p)
(q)
Kamba;
Kamniaian
17
1L
_l;"-* Calrurupi
,lo
(0 Ka'tr,na;a tO I er"a-
(s) Kamsaia --l ('rl ba(di
(t) Kamsan (c) Edtret
(u ) Kanchagar 2J Bawtar
(v) Kanchora 21 (a't Br*,
(w) Kanchori (b) Bohrot
(x) Kanchugara Binapatia
(v) Kansar 23 Bingr
(z) Kasar 24 (a) Bagair
(aa) Luhai (t,) Baga3d
(ab) Mesta (c) f. -. -1:
CATEGORY-[ (B)
CATEGORY-fit (A)
sl. Name of the Caste sr. Name of the Caste
No. No.
1 (a) Vokkaliga (c) Sarpa Vokkaliga
(b) Vakkaliga (d) Hallikar Vokkaliga
tg
st. Name of the Caste sl. Name of the Caste
No No.
(e) Namdhari Vokkaliga a Kodagaru
(f) Gangadkar Vokkaliga 3 (a) Balija
(s) Das Vokkaliga (b) Balajiga / Banajiga / Gowda
Banajiga
(h) Reddy Vckkaliga (c) Naidu
(i) Marasu Vokkaliga (d) Telaga Balija / Telaga Banajiga
(i) Reddy (e) Setty Balija / Setty Banajiga /
Ban aSe
(k) Hallikar (f) Dasara Baliia / Dasara Balajiga/
Dasara Bana a / Dasa Bana
(t) Kunchitiga (s) Kasban
(m) Gouda / Gowda (h) Munnur / Munnar / Munnur Kapu
(n ) Kapu (i) Balegara / Bale Banajiga / Bale
Ba Lailsa/ Bale Che tty / Banagara
(o) Heggade 0) Reddy (Balija)
(p) Kamma (k) Janappan
(q) Reddy (t) Uppar (Balija)
lro Gownder (m) Tuleru (Baiija)
(s) Nanradhari Gowda
(t) Uppina Kolaga / Uttama Kolaga
CATEGORY-ilr (B)
sl. Name of the Caste st. Name of the Caste
No No.
1 (a) Veerashaiva Lingayath (f) Ktrlavadi
(b) Lingayath Sub-groups of 3 Christian
Helava, Ambiga, Bhoyi,
Gangamatha, Sunagara, 4 (a) BunUBant
Agasa, Madivala, Kumbara, (b) Parivara Bant
Kuruba, Bajanthri, Bandari, 5 Jains (Digambaras)
Hadapada, Kshaurika, Navalig,
Navi, Akkasale, Badigar, 6 (a) Satani
Kammara, Kamsala, Panchal, (b) Chattada Srivaishnava /
Medara, Uppara, Gowli. Chattada Vaishnava / Sattada
Vaishnava/ Sattada Srivaishnava
2 (a) lr4aratha, Marata (c) Kadri Vaishnava
(b) Are Kshatri, Are Maratha, Arya (d) Sameraya
IVlaratha
(c) Arya, Aryaru (e) Sattadaval
(d) Konkan Maratha (f) Sattadavan
(e) Kshatriya Maratha (s) Vaishnava
D.M. AGA
Deputy Secretary to Govemment,
Social Welfare Department.
,6
ANNEXUREII to G.O. No. SWD 225 BCA dated 306 March 2002
2OOO
NEW COMPREHENSIVE CREAMY LAYER
Under Article 15(4) and 16(4) of the Constitution of lndia, the following persons
shall not be eligible for reservation of seats of posts categorised under llA, llB, lllA
and lllB.
NOTE:
1. This rule will not apply to direct recruitments to posts which insist on a
prescribed period of service in a lower post or experience in a post,
profession or occupation as a qualification or eligibility.
2. This rule applies to son(s) or daughter(s) of the persons specified below:
1 (a) President of India
(b) Vice President of lndia
(c) All functionaries holding Cabinet rank in Govemment cf lndia or Govemment of
any Strate or Union Territory.
(d) Chairmen of Council of States and the State Legislative Councils
(e) Govemors of States
(f) Speakers of Lok Sabha and Legislative Assemblies
(s Judges of supreme Court and High Courts
(h) Chairmen of Public Service Commission
(i) Attomey General of lndia
0) Advocate General
(k) Chief Election Commissioner
(t) Comptroller and Auditor General of lndia
(m) Members of Parliament atleast for a period of five years - during the period of
their office.
(n) Members of State Legislature atleast for a period of five years - during the
period of their office.
2 The Candidate and either of whose parents / guardian is a Group-A or Group B officer
in the services of the Govemment or holds an equivalent post in public sector
undertiakings or an employee of a private industry / lnstitution and draws a salary
which is not Less than that of a Group B officer (Pay scate Rs. 6000-11200)
The Candidate and his/trer father's mothe/s/Guardian Gross Annual income exceeds
Rs.2.00 lakhs.
4 The candidate and his/her father, mother / guardian holding 10 units of Agricultural
Land as Specified in the Kamataka Land Reforms Act 1961, and such of Srose holding
more than 20 acres of plantation land.
D.M. AGA
Deputy Secretary to Govemment,
Social Wetfare Department.
,7
PRELIMINARY
1. Short title and Commencement.- (1 ) This Act may be called the Kamataka State
Commission for Backward Classes Act, 1 995.
(2) lt shall come into force on such date, as the State Government may, by notification*
appoint.
2. Definitions.- ln this Act, unless the context other-wise requires,-
(a) "Backward Classes" means such class or classes of Citizens other than the Scheduled
Castes and Scheduled Tribes, as may be notified by the State Government in the list from time to
time;
(b) "Commission" means the Karnataka State Commission for Backward Classes constituted
under section 3;
(c) "Lists" means lists prepared by the State Govemment, from time to time; for purposes of
making provisions for the reservation in favour of Backward Classes of citizens under Article
15(4) and Afticle 16(4) cf the Constitution;
(,j) "Mernbe/'means a member of the Commission.
CHAPTER II
l. The Act has come into forc€ with cffect ftoh 01.12.1997 vide Golernlnent Notiication No.SWD164 BCA 97 dt:29.11.1997
t8
(c)3 five persons who have special Knowledge in matters relating to Backward Classes of
whom one shall be a social scientist, nominated by the State Government and :-
(d) the Director,
Backward Classes and Minorities Department, shall be the ltilember
Secretary of the Commrssion.
4.Term of office and conditions of service of Chairman and Members.- (1) SuDJect to
the pleasure of the State Government the Chairman and every member shall hold office for the
term of three years from the date he assumes officea.
(2) The Chairman or a member may in writing under his hand addressed to the State
Govemment, resign from the office of Chairman or of member, as the case be, at any time.
(3) The State Govemment shall remove a person from the office of the Chairman or of a i
member if that person,-
(a) becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which. in the opinion of the
State Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent couru
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from he Commission, absents from three
consecutive meetings of the Commission; or
(f)
has, in the opinion of the Govemment so abused the position of Charrman or Member
as to render that person's continuance in office is detrimental to the interests of backward
classes or the public interest:
Provided that no person shall be removed under this clause until that person has been given
an opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.
(5) The salaries and allowances payable to and the omer terms and conditions of service of,
the Chairman and Members shall be such, as may be prescribed.
5.Officers and other employees of the Commission.- (1) The State Govemment shall
provide the Commission with such officers and employees, as may be necessary for the efficient
performance of the functions of the Commission.
(2) The salaries and allowances payable to and the other terms and condttions of service of
the officers and other employees appointed for the purpose of the commission shall be such, as
may be prescribed.
l. Ins.rtrxl by section 2 (l) of The Kamaraka State Conmission for Baukwnrd Classts. (Amordnrtrrt) Acr, t997
(Kamataka Act No. 24 of 1997).
2. Onitled by ser-'tiou 2 (ii) of The Kamataka Statc Commission for Backward Classcs. (Amordmqll) Act, 1997
(Kanrataka Act No. 24 ot 1997).
3. Substiturul by sc,ctiou 2 (iii) ofThe Kamataka Statc Conunission for Backwall Class(s. (Amottlrrrorr) Act, 1997
(Karnatda Act No. 24 ot 1997).
4. The words "or un(ll he atlains the age of sixty sevor yuus, rvhich
rv(r is i.nrli(r" arc oluitrql by soctior, 3 ol TLe
Kaoalaka State Contmission lbr Backward Classs. (Amcndmort) Act, 1997 (Kamalaka Act No. 24 of l9y7).
l9
6. Salaries and a[owances to be paid out of grants.- The sararies and aflowances
payable to :he Chairman and f\,4embers and the administrative
expenses including salaries.
allowanres and pensions paya,ble to the officers and other employees referred
to in section 5
shall be oaid out of the granrs referred to in sub-section (.,l ) of section 12.
7. vacancies etc., not to
invaridate proceedings of the commission.- No act or
proceedrngs of the commission shal be invarid merely
on the ground of the existence of any
vacancy or defect in the Constitution of the Commission.
8. Proeedure to be regurated by the commission.- ('r) The commission sha
meet as and
when necessary' Ordinarily at Bangalore and such other places as the Chairperson
may thinkfit.
(2) -he ^om"nission shatl regulare its own procedure.
(3) All orders and decisions of the commissions shall be authenticated by
the Member-
Secretary or any other officer of the Commission duty authorised by the lrilember-Secretary
in
this bphalf.
CHAPTER III
FUNCTIOiIS AND POWERS OF THE COMMISSION
10' Powers of the Commission.- The Commission shall, while performing its functions
under
sub-seclion (1) of sec on g, have all the powers of a civil court trying a suit and particular,
in in
-espect of the following matters,
namelyi
(a) sunrmoning and enforcing the attendance of any person from any part
of the state and
examining him on oath:
(b) 'eouiring the discovery and pro.tucrion of any document;
(:) receiv;ng evidence cn affida."/its;
t,d) rcouisitioning anv public recorct or cooy thereof from any
court or ofrice;
le) 'ss, r;ng com'niss;nns for the examination of witnesses and documents; and
/{) .n\, .n2tter u,hr^h 1ay he pres6ribp.l.
^+hF
2t
11. Periodic revision of lists by the state Government.- (1)The state Government rnay
at any time, and shall, at the expiration of ten years from the coming into force of this Act and
every succeeding period of ten years thereafter, undertake revision of the lists with a view to
excluding from such lists those classes who have ceased to be backward classes or for including
in such lists, new backward classes.
(2) The State Government shali, while undertaking any revislon referred to in sub-section (1),
consult the Cornrnission.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
12. Grants by the State Government.- The State Government shall after due appropriation
made by the State Legislature by law in this behalf, pay to the Commission by way of grants such
sums of money as the State Government may think fit, for being utilised for the purposes of this
Act.
(2) The Commission may spend such sums as it thinks fit for performing the functions under
this Act, and such Sums Shall be treated aS expenditure payable out of the grants referred to in
sub-section (1).
13. Accounts and Audit.- ('l ) Accounts of the income and expenditure of the Commissions
shall be kept in accordance with such rules, as may be prescribed.
(2) The Commission shal! prepare an annual statement of accounts in such form as may be
prescribed.
(3) The accounts of the Commission shall be audited annually by such auditor as the State
Govemment may appoint.
(4) The auditor shalt, for the purpose of the audit, have access to all the accounts and other
records of the Commission.
(5) The Commission shall pay from its grant such charges for the audit, as may be
prescribed.
(6) A soon as may be after the receipt of tl'le report of the auditor the Commission shall send
a copy of the annuai statement of accounts together with a copy of the report of the auditor to the
State Government and shall cause to be published the annual statement of accounts in such
manner, as may be prescribed.
(7) The State Government may after perusal of the report of the auditor give directions as it
thinks fit to the commission and the commission shall comply with such directions.
14. Annual Report.- The Commission shall prepare, in such form and at such time, for each
financial year, as may be prescribed, its annual report, giving a full account of its activities during
the previous financial year and forward a copy thereof to the State Government.
15. Annual report and audit report to be laid before the State Legislature.- The State
Govemment shall cause the annual report together with a memorandum of action taken on the
recommendation contained therein in so far as they relate to the State and the reasons for the
non-acceptance, if any, of such recommendations, to be laid, as soon as may be, after the
LI
reports are received, before each House of $e State Legislature. The Commission may at its
discretion submit from time to time special report on any matter of public importance to the state
Govemment.
CHAPTER V
MISCELLANEOUS
16. Chairman, Members and employees of the Commission to be public servants.- The
Chairman, members and employees of the Commission shall be deemed to be public servants
within the meaning of section 21 of the lndian Penal Code.
17. Power to make rules.- (1) The State Government may b)/ rotification in the Official
Gazette make rules for carrying out the provisions of this Act.
(2) ln particular, and without prejudice to the generality of the foregoing powers, such rules
may provide for all or any of the following matters, namely:-
(a) salades and allowances payable to, and the other terms and conditions of service of
the Chairman and members under sub-section (5) of section 4 and the officers and other
employees under sub-section (2) of section 5.
(b) the form in which the annual statement of accounts shall be prepared under sub-
section (2) of section 13;
(c) the form in, and the time at which the annual report shall be prepared under
section 14;
(d) any other mafter which is required to be, or may be prescribed.
(3) Every rule made under this Act shail be laid as soon as may be after it is made, before
each House of State Legislature while it is in session, for a totat 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 rule or both Houses agree that the rule should not be
made, the rule 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 ruie.
18. Power to remove difflculties.- (1) lf any difficulty arises in giving effect to the provisions
of this Ac1, the State Government may by order, published in the Official Gazette make
provisions not inconsistent with the provisions of this Act as appear to it to be necessary or
expedient, for removing the dfficulty;
Provided that no such order shall be made after the expiry of a period of two years from the
date of commencement of this Act.
(2) Every order under this section shall as soon as may be after it is made, be laid before
each House of the State Legislature.
L2.
The above translation of ttre d.DFt3d oaB6 Eooltad drL'rtd soj-aert eQOo$;!, 95' (1995d
d.e.!o4:2E) was be published in the Official Gazette under clause (3) of Article 348 of the
constitution of lndia.
sd/-
(D. BASAVARA'U)
Secretary to Govemment and Draftsman'
Depa(ment of Law and Parliamentary Affairs
GOVERNMENT OF KARNATAKA
3. Salary and Allowance of the Chairman, Members and Stafi ot the Commission:'
(1) The chairman shall be entitled to the pay and allowances including traveling and daily
allowance etc. as per applicable to a High court Judge and are in force from time to time.
(2) The members other than the Member Secretary, shall be entitled to salar)'
allowances, traveling allowance and daity allowance etc., as in force from time to time
and as applicable to the Members of the Karnataka Public Service Commission.
LZ
(3) The posts of the commission shatt be filted by deputation of the officers/officials
having equivalent pay scales and grade, from any of the State Civil Services /
universities / Local Authorities / Public sector undertakings / Statutory Boards /
corporations or by way of contract appointments persons retired on superannuation
from any of the above services.
(4) The appointments on deputation and contract appointments shall be as per the
provisions of the Kamataka civil Services Rules, the Karantaka civil services (General
Recruitment) Rules, 1977 and any other orders of Govemment in force from time to time.
sd/-
Under Secretary to Govemment
Social Welfare Department