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Maharashtra
State Public Services (Reservation For Scheduled Castes,
Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic
Tribes/Special Backward Category
And Other Backward Classes) Act, 2001 (Mah. Act No. VIII of 2004)
[ 22nd January,
2004 ]
An
Act to provide for the reservation of vacancies in public
services and posts in favour of the persons belonging to the
Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta
Jatis), Nomadic Tribes, Special Backward Category and Other
Backward Classes of Citizens and for matters connected therewith
or incident thereto.
WHEREAS,
it is expedient to provide for the reservation of vacancies in
public services and posts in favour of the persons belonging to
the Scheduled Castes, Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Special Backward Category and
Other Backward Classes of Citizens and for matters connected
therewith or incidental thereto; it is hereby enacted in the
fifty-second year of the Republic of India as follows:-
1.
Short title, extent and Commencement :- (1) This Act may be
called the Maharashtra State Public Services (Reservation for
Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta
Jatis), Nomadic Tribes/Special Backward Category and Other
Backward Classes) Act, 2001.
(2)
It shall extend to the whole of the State of .
(3)
It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
2.
Definitions :- In this Act, unless the context otherwise
requires,
(a)
"appointing authority" in relation to public services
and posts means the authority empowered to make appointment to
such services or posts;
(b)
"De-notified Tribes (Vimukta Jatis)" means the Tribes
declared as such by the Government from time to time;
(c)
"establishment" means any office of the Government or
of a local authority or statutory authority constituted under any
Act of the State Legislature for the time being in force, or a
University or a company, a corporation or a Co-operative Society
in which share capital is held by the Government or any
Government aided Institutions.
Explanation
For the purposes of this clause the expression "Government
aided institutions" shall also include institutions or
industries which have been given either prior to coming into
force of this Act or thereafter, aid in the form of Government
land at concessional rates or any other monetary concessions by
Government, or is recognised, licenced, supervised or controlled
by Government;
(d)
"Government" means the Government of Maharashtra;
(e)
"Group 'A', 'B', 'C' or 'D', as the case may be, as
classified by Government by issuing general or special orders
issued in this behalf, from time to time;
(f)
"Nomadic Tribes" means the tribes wandering from place
to place in search of their livelihood as declared by Government
from time to time;
(g)
"Other Backward Classes" means any socially and
educationally backward classes of citizens as declared by the
Government and includes Other Backward Classes declared by the
Government of India in relation to the State of ;
(h)
"prescribed" means prescribed by rules framed by the
Government under this Act;
(i)
"public services and posts" means the services and
posts in connection with the affairs of the State and includes
services and posts in
(i)
a local authority;
(ii)
a co-operative society established under the Maharashtra
Co-operative Societies Act, 1960 (Mah. XXIV of 1961), in which
Government is a shareholder;
(iii)
a Board or a Corporation or a statutory body established by or
under a Central or a State Act which is owned and controlled by
the Government, or a Government company as defined in section 617
of the Companies Act, 1956 (1 of 1956);
(iv)
an educational institution owned and controlled by the
Government, which receives grant-in -aid from the Government
including a university established by or under a Maharashtra Act;
(v)
any establishment; and
(vi)
respect of which reservation was applicable by Government orders
on the date of commencement of this Act and which are not covered
under sub-clauses (i) to (v);
(j)
"recruitment year" means the English calendar year
during which the recruitment is actually made;
(k)
"reservation" means the reservation of post in the
services for the members of Scheduled Castes, Scheduled Tribes,
De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special
Backward Category and Other Backward Classes;
(l)
"Scheduled Castes" and "Scheduled Tribes"
shall have the meanings, respectively assigned to them in the
Clauses (24) and (25) of Article 366 of the Constitution of
India;
(m)
"Special Backward Category" means socially and
educationally backward classes of citizens declared as a Special
Backward Category by the Government.
3.
Applicability :- (1) This Act shall apply to all the
appointments made in public services and posts except,
(a)
the super specialised posts in Medical, Technical and Educational
field;
(b)
the posts to be filled by transfer or deputation;
(c)
the temporary appointments of less than forty-five days duration;
and
(d)
the posts which is single (isolated) in any cadre or grade.
(2)
The State Government shall, while entering into or renewing an
agreement with any establishment for the grant of any aid as
provided in the explanation to Clause (c) of section 2,
incorporate a condition for compliance with the provisions of
this Act, by such establishment.
4.
Reservation and Percentage :- (1) Unless otherwise provided
by or under this Act, the posts reserved for the Scheduled
Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis),
Nomadic Tribes, Special Backward Category and Other Backward
Classes shall not be filled in by the candidates not belonging to
that, caste, tribe, category or class for which the posts are
reserved.
(2)
Subject to other provisions of this Act, there shall be posts
reserved for the persons belonging to the Scheduled Castes,
Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes, Special Backward Category and Other Backward Classes, at
the stage of direct recruitment in public services and posts
specified under Clause (j) of section 2, as provided below:
Description of Caste/Tribe/Category/Class Percentage of vacancies
or seats to be reserved.
Provided
that, Government may, by an order in the Official Gazette,
provide that the percentage of reservation for Scheduled Castes,
Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes, Special Backward Categories and Other Backward Classes,
in all posts, shall be on the basis of latest census record of
population of the, --
(i)
State, in the case of State cadre posts, and
(ii)
concerned district, in the case of district cadre posts:
Provided
further that, the principle of "Creamy Layer" shall
be applicable to all categories mentioned above except Scheduled
Castes and Scheduled Tribes.
Explanation
I .For the purposes of this sub-section the expressions
De-notified Tribes ("A"), Nomadic Tribes (B), "Nomadic
Tribes (C)" and Nomadic Tribes (D), shall mean such Tribes
or sub-Tribes, declared by Government, by general or special
orders issued in this behalf, from time to time, to be "the
De-notified Tribes (A)", Nomadic Tribes (B), "Nomadic
Tribes (C)" and Nomadic Tribes (D)".
Explanation
II-For the purposes of this sub -section the expressions "Creamy
Layer" means the persons falling in the category of "Creamy
Layer" as declared by Government in the Social Justice,
Cultural Affairs and Sports Department by general or special
orders issued in this behalf, from time to time:
Provided
also that, if on the date of coming into force of this
Act, if any additional reservation is in force for the Scheduled
Tribes in Thane, Nashik, Dhule, Nandurbar, Raigad, Yavatmal,
Chandrapur and Gadchiroli districts for direct recruitment in
Groups C and D posts, under any Government orders, such
reservation shall continue to be in force till such orders are
modified or revoked.
(3)
The reservation specified for the categories mentioned at serial
numbers (3) to (6) (both inclusive) in the table under sub
-section (2) shall be inter transferable. If suitable candidates
for the posts reserved for any of the said categories are not
available in the same recruitment year, the posts shall be filled
by appointing suitable candidates from any of the other said
categories.
(4)
In all posts at the divisional level or district level, the
percentage of reservation occurring in a recruitment year in such
categories of Group C and Group D posts as may be notified by the
Government in this behalf, shall be maintained at such divisional
or district level only.
5.
Reservation in Promotion :- (1) The reservation in promotion
shall be at all stages of promotions.
(2)
On the date of coming into force of this Act, if any Government
orders providing for reservation for any posts to be filled by
promotion, are in force, the same shall continue to be in force
unless modified or revoked, by Government.
6.
Carrying forward of reserved vacancies :- (1) If in respect
of any recruitment year, any vacancy reserved for any category of
persons under sub-section (2) of section 4 remains unfilled, such
vacancy shall be carried forward upto five years in case of
direct recruitment and three yeas in case of promotion: Provided
that, on the date of commencement of this Act, if any
Government orders regarding filling up the posts, in case of
non-availability of Backward Class candidates are in force, such
Government orders shall continue to be in force unless modified
or revoked, by Government
(2)
When a vacancy is carried forward as provided in sub-section (1)
it shall not be counted against the quota of the vacancies
reserved for the concerned category of persons for the
recruitment year to which it is carried forward:
Provided
that, the appointing authority may, at any time undertake a
special recruitment drive to fill up such unfilled vacancies and
if such vacancies remain unfilled even after such special
recruitment drive then, it shall be filled up in the manner
prescribed by Government.
7.
Responsibility and powers of compliance of act :- (1) The
Government may, by order in writing, entrust upon every
appointing authority or any officer under such authority, with
the responsibility of ensuring the compliance with provisions of
this Act.
(2)
The Government may, in the like manner, invest the appointing
authority or officer referred to in sub-section (1), with such
powers or authority as may be necessary for such authority or
officer to effectively discharge such duty assigned to such
authority or officer, under sub-section (1).
8.
Penalty :- (1) Any appointing authority or officer or
employee entrusted with the duty or responsibility under
sub-section (1) of section 7 who willfully acts in a manner
intended to contravene or defeat the purposes of this Act shall,
on conviction, be punished with imprisonment for a term which may
extend to ninety days or fine which may extend to five thousand
rupees, or with both.
shall
take cognizance of an offence punishable under this section
except with the previous sanction of the Government or officer
authorised in this behalf by Government.
9.
Powers to call for records :- When it comes to the notice of
the Government or is brought to its notice, that, any person
belonging to any of the categories specified in sub-section (2)
of section 4 is adversely affected, on account of non-compliance
with the provisions of this Act or the Rules made thereunder or
the Government orders in this behalf, by any appointing
authority, it may call for such records and pass such appropriate
order as deemed fit.
10.
Representation in selection committee :- (1) The Government
may, by order, provide for nomination of officers belonging to
Scheduled Castes, Scheduled Tribes and Other Backward Classes in
the selections, screening and departmental promotion committee
for the purpose of selecting persons for appointment or
promotions, as the case may be, to public services and posts.
(2)
The Government may, by order, grant such concession in respect of
fees for any competitive examination or such other similar
examinations or interviews, and relaxation in upper age limit as
it may be consider necessary in favour of the categories of
persons specified in sub-section (2) of section 4.
(3)
The Government orders in force on the date of commencement of
this Act, in respect of concessions and relaxation including
concession in fees for any competitive examinations or such other
similar examinations or interview and relaxation in upper age
limit shall continue to be applicable, unless modified or
revoked, by Government.
11.
Irregular appointments void :- Any appointments made, in
contravention of the provisions of this Act shall be void.
12.
Protection of action taken in good faith :- No suit,
prosecution or other legal proceedings shall lie against any
authority or person for anything done or purported to have been
done in good faith in pursuance of the provisions of this Act or
the rules made thereunder.
13.
Power to make rules :- (1) The Government may, by
notification in the Official Gazette, make Rules to carry out the
purposes of this Act.
(2)
Every Rule made under this Act shall be laid, as soon as may be,
after it is made, before each House of the State Legislature,
while it is in session for a total 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 in which it is
so laid or the session immediately following, both Houses agree
in making any modification in rule or both Houses agree that the
rule should not be made, and notify their decision to that effect
in the Official Gazette, the Rule shall, from the date of
publication of such decision in the Official Gazette, 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 or
omitted to be done under that Rule.
14.
Provisions of this act to be in addition to any other law for the
time being in force :- The provisions of this Act shall be in
addition to and not in derogation of the provisions contained in
any other Act, for the time being in force.
15.
Savings :- The provisions of this Act shall not apply to
cases in which selection process has already been initiated
before the commencement of this Act, and such cases shall be
dealt with in accordance with the provisions of law and
Government orders as they stood before such commencement.
Explanation.-For
the purposes of this section, the selection process shall be
deemed to have been initiated where, under the relevant service
rules,
(i)
recruitment is to be made on the basis of written test or
interview only, and such written test or the interview, as the
case may be, has started, or
(ii)
recruitment is to be made on the basis of both, the written test
and interview and such written test has started.
16.
Power to remove difficulties :- (1) If any difficulty arises
in giving effect to the provisions of this Act, the Government
may, on occasion arises, by an order published in the Official
Gazette, do anything not inconsistent with the provisions of this
Act, which appears to it to be necessary or expedient for
removing the difficulty:
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 made under this section shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.
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SOURCE:
http://bombayhighcourt.nic.in/libweb/acts/2004.08.html
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