The KERALA STATE BACKWARD CLASSES (RESERVATION OF APPOINTMENTS OR POSTS IN THE SERVICES UNDER THE STATE) ACT, 1995

THE KERALA STA TE BACKWARD CLASSES (RESERV A TION OF 
APPOINTMENTS OR POSTS IN THE SERVICES UNDER THE STA TE) ACT, 1995 
(ACT 16 OF 1995)
CONTENTS
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
3. Declaration.
CHAPTER II
RESERV A TION OF APPOINTMENTS OR POSTS IN THE SERVICES UNDER THE STA TE
4. Reservation of appointments or posts in the services under the State.
CHAPTER III
MISCELLANEOUS
5. Additional functions of the commission.
6. V alidation.
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ACT 16 OF 1995
THE KERALA STA TE BACKWARD CLASSES (RESERV A TION OF 
APPOINTMENTS OR POSTS IN THE SERVICES UNDER THE STA TE) ACT, 1995 *
An Act to provide for the continuance of the existing system of reservation of appointments or
posts in the services under the State for the Backward Classes of citizens in the State of
Kerala.
WHEREAS, the policy of reservation for the social and educational advancement of the
people belonging to the Backward Classes of citizens for appointments in the services under
the  erstwhile  States  of  Travancore,  Cochin  and  Madras  was  being  implemented  in  the
aforesaid States long before Independence;
AND  WHEREAS,  the  people  belonging  to  Backward  communities  in  the  erstwhile
Travancore  had  been  denied  the  right  to  enter  public  services  due  to  the  social  stigma
attached  to  their  communities  and  on  their  persistent  agitations  and  the  Nivarthana
(abstention)  Movement  demanding  representation  to  the  various  communities  in  the
Government  services  on  the  basis  of  the  strength  of  their  population,  the  erstwhile
Government of Travancore had, in their Order R. Dis. No. 893/Genl., dated the 25th day of
June, 1935 inter alia provided reservation for the members of the Backward communities in
certain posts in public services;
AND WHEREAS, after the formation of the erstwhile State of Travancore-Cochin on the
1st  day of July, 1949, the  rules regulating  the recruitment to  the public services  in the
erstwhile Travancore State were applied to the erstwhile Travancore -Cochin State and fresh
orders for reservation  of posts to the Backward Classes under the Government  and  the
distribution of such posts among the different communities coming under the Backward
Classes were issued;
AND WHEREAS, reservation for the Backward Classes of citizens in appointments and
posts was being implemented in the erstwhile Malabar District as defined in sub-section (2)
of section 5 of the States  Reorganisation Act, 1956 (Central Act 37 of 1956) as early as 1921;
AND WHEREAS, after the formation of the State of Kerala on the 1st day of November
1956 it was felt  that  there  were differences  in the  rules of reservation  obtaining in the
erstwhile Travancore-Cochin State and the Malabar District, and unified rules of reservation
to the Backward Classes in appointments and posts were issued during 1957 enumerating the
groups of citizen who are to be considered as Backward Classes for the purposes of clause (4)
of Article 16 of the Constitution;
AND WHEREAS, the principles mentioned in the aforesaid orders have been embodied
in the Statutory Rules 14 to 17 of Part II of the Kerala State and Subordinate Services Rules,
* Received the assent of the Governor on the 2nd day of September, 1995 and published in the Kerala Gazette 
Extraordinary No. 903 dated  2nd September, 1995.
1958 framed under Article 309 of the Constitution for reservation to the Backward Classes of
citizens in appointments and posts in the services under the State;
AND WHEREAS, certain amendments have been made in the said rules on the basis of
the recommendations of the Committees on Backward Classes appointed by the Government
and also on the basis of the policy adopted by the Government from time to time;
AND WHEREAS, the list of Backward Classes enumerated in the said rules which
included Other Backward Classes has remained unchallenged;
AND WHEREAS, the Rules Committee of the Ninth Kerala Legislative Assembly in its
Second Report dated 27th January, 1993 submitted to the Legislative Assembly after a study
regarding the representation of the Backward Classes in the services of certain departments
of the Government, public sector undertakings and autonomous bodies has found that the
Backward  Classes  of  citizens  could  not  even  secure  the  percentage  of  reservation  in
appointments and posts provided to them and recommended to the Legislative Assembly for
the constitution of a separate committee for a more detailed study;
AND WHEREAS, on the basis of the recommendation of the Rules Committee of the
Ninth Kerala Legislative Assembly, the Committee on the Welfare of the Backward Class
Communities was constituted by the Ninth Kerala Legislative Assembly on the 4th day of
February 1993;
AND WHEREAS, the Committee, on the Welfare of the Backward Class Communities
after a more detailed study has reported to the Legislative Assembly in its reports that the
Backward Classes of citizens of the State are still not adequately represented in the services
under the State in proportion to their population;
AND WHEREAS, the said Committee has also recorded that the Backward Classes of
citizens could not even secure the percentage of reservation in appointments and posts set
apart for them in the services under the State;
AND WHEREAS , in the opinion of the State Government the Backward Classes of
citizens who constitute the majority of the total population of the State are not adequately
represented in the services under the State in proportion to their population and if, in the
circumstances, the existing system of reservation to the Backward Classes of citizens in
appointments  or  posts  is  not  continued  as  such,  their  social  backwardness  will  further
deteriorate resulting in failure on the part of the State to achieve social equality among
citizens;
AND  WHEREAS ,  the  State  Government  have,  after  careful  consideration  of  the
provisions contained in clause (4) of Article 16 of the Constitution and the present condition
of the Backward Classes of citizens in the State; taken a policy decision that the existing
system  of  reservation  of  appointments  or  posts  in  the  services  under  the  State  for  the
Backward Classes of citizens should at present be continued for ensuring their social status,
welfare and adequate participation in the administration.
BE it enacted in the Forty-sixth Year of the Republic of India as follows:—
CHAPTER I
 PRELIMINARY
1. Short title, extent and commencement. —(1) This Act may be called the Kerala State
Backward Classes (Reservation of Appointments or Posts in the Services Under the State)
Act, 1995.
(2) It extends to the whole of the State of Kerala.
(3) Section 5 of this Act shall be deemed to have come into force on the 12th day of
March, 1993 and the remaining provisions of this Act shall be deemed to have come into
force on the 2nd day of October, 1992.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a)  'Commission'  means  the  Kerala  State  Commission  for  Backward  Classes
constituted under section 3 of the Kerala State Commission for Backward Classes Act, 1993
(11 of 1993);
(b)  'Backward  Classes'  means  such  Backward  Classes  of  citizens  (other  than
Scheduled Castes and Scheduled Tribes), as specified by the Government from time to time,
and included in List III of the Schedule to Part I of the Kerala State and Subordinate Services
Rules, 1958 framed under Article 309 of the Constitution;
(c) 'Government' means the Government of Kerala;
(d) 'State' means the State of Kerala.
3. Declaration.—It is hereby declared, having regard to known facts in existence in the
State,—
(a) that there are no socially advanced sections in any Backward Classes who have
acquired capacity to compete with forward classes; and
(b) that the Backward Classes in the State are still not adequately represented in the
services under the State and they continue to be entitled to reservation under clause (4) of
Article 16 of the Constitution.
CHAPTER II
RESERV ATION OF APPOINTMENTS OR POSTS IN THE
 SERVICES UNDER THE STATE
4.  Reservation  of  appointments  or  posts  in  the  services  under  the  State.—
Notwithstanding anything contained in any law or in any judgment, decree or order of any
court or other authority having regard to the social and educational backwardness of the
Backward  Classes  of  citizens,  the  system  of  reservations  as  in  force  on  the  date  of
commencement of this Act, as laid down in rules 14 to 17 of Part II of the Kerala State and
Subordinate Services Rules, 1958, in appointments and posts in the services under the State
for the Backward Classes of citizens, shall continue as such, for the present.
CHAPTER III 
MISCELLANEOUS
5. Additional functions of the Commission. —The Commission shall, in addition to the
functions already conferred under the Kerala State Commission for Backward Classes Act,
1993 (11 of 1993), evaluate from time to time, the degree of backwardness of the Backward
Classes, and shall submit periodical reports to the Legislative Assembly of the State.
6. Validation.—Notwithstanding anything contained in any judgment, decree or order
of any court or other authority, the reservation of appointments or posts in the services under
the State for the Backward Classes of citizens made, on the basis of the system of reservation
as laid down in rules 14 to 17 of Part II of the Kerala State and Subordinate Services Rules,
1958, shall, for all purposes, be deemed to be and to have always been validly made, in
accordance  with  law,  as  if  this  Act  had  been  in  force  at  all  material  times  when  such
reservations had been made.
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