¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, xÉÉä´½åþ¤É®ú 29, 2018/+OÉ½þÉªÉhÉ 8, ¶ÉEäò 1940

L. A. BILL No. LXXVIII OF 2018.

A BILL

to provide for reservation of seats for admission in educational institutions in the

State and for reservation of posts for appointments in public services and posts

under the State, to Socially and Educationally Backward Classes of Citizens

(SEBC) in the State of Maharashtra for their advancement and for matters

connected therewith or incidental thereto.

WHEREAS it is expedient to provide for reservation of seats for admission

in educational institutions in the State and for reservation of posts for appointments

in public services and posts under the State to Socially and Educationally Backward

Classes of Citizens (SEBC) in the State of Maharashtra for their advancement

¦ÉÉMÉ {ÉÉSÉ-+ö-----67--1

(1)

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MAHARASHTRA LEGISLATURE SECRETARIAT

RNI No. MAHBIL /2009/40123

The following Bill was introduced in the Maharashtra Legislative Assembly on the

29th November, 2018 is published under Rule 117 of the Maharashtra Legislative Assembly

Rules :—

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, xÉÉä´½åþ¤É®ú 29, 2018/+OÉ½þÉªÉhÉ 8, ¶ÉEäò 1940

and for matters connected therewith or incidental thereto ; it is hereby enacted in

the Sixty-ninth Year of the Republic of India, as follows :—

(1) This Act may be called the Maharashtra State Reservation (of seats

for admission in educational institutions in the State and for appointments in the

public services and posts under the State) for Socially and Educationally Backward

Classes (SEBC) Act, 2018.

(2) It shall come into force on the date of publication of this Act in the Official

Gazette.

(1) In this Act, unless the context otherwise requires,—

(a) “admission authority”, in relation to admissions to educational

institutions, means the authority having supervisory and controlling powers

over the educational institutions responsible for admissions to particular

educational institutions ;

(b) “appointing authority”, in relation to public services and posts, means

the authority empowered to make appointment to such services and posts ;

(c) “Competent Authority” means the Competent Authority appointed

under section 6 ;

(d) “educational institutions” includes the educational institutions in the

State of Maharashtra owned and controlled by the Government, which receives

grant-in-aid from the Government, including a University established by or

under the relevant Maharashtra Acts, including private educational institutions,

whether aided or un-aided by the State, other than the minority educational

institutions referred to in clause (1) of article 30 of the Constitution of India.

Explanation.—For the purposes of this clause, the expression “private

educational institutions” means institutions 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 the Government, or are

recognized, permitted, supervised or controlled by the Government ;

(e) “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 or 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

the Government or is recognized, licensed, supervised or controlled by the

Government ;

(f) “Government” or “State Government” means the Government of

Maharashtra ;

(g) “prescribed” means prescribed by rules made under this Act ;

(h) “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 ;

Short title

and

commencement.

Definitions.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, xÉÉä´½åþ¤É®ú 29, 2018/+OÉ½þÉªÉhÉ 8, ¶ÉEäò 1940

(ii) a co-operative society established under the Maharashtra

Co-operative Societies Act, 1960, in which the Government is a share

holder ;

(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 the Companies

Act, 1956 or the Companies Act, 2013 ;

(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 ; and

(v) any other establishment in 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 (iv) ;

(i) “reservation” means the reservation of seats, for admission in

educational institutions and of posts for appointments in the public services

and posts to the members of Socially and Educationaly Backward Classes

of Citizens (SEBC) in the State ;

(j) “Socially and Educationally Backward Classes of Citizens (SEBC)”

includes the Maratha Community declared to be Educationallly and Socially

Backward Category (ESBC)in pursuance of the Maharashtra State

Reservation (of seats for admission in educational institutions in the State and

for appointments or posts in the public services under the State) for

Educationally and Socially Backward Category (ESBC) Act, 2014.

(2) The words and expressions used in this Act, but not defined, shall have

the same meanings respectively assigned to them in 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.

3. (1) This Act shall apply to all the direct recruitments, appointments made

in public services and posts in the State except,—

(a) the super specialized 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 post which is single (isolated) in any cadre or grade.

(2) This Act shall also apply, for admission in educational institutions including

private educational institutions, whether aided or un-aided by the State, other than

the minority educational institutions referred to in clause (1) of article 30 of the

Constitution of India.

(3) The State Government shall, while entering into or renewing an agreement

with any educational institution or any establishment for the grant of any aid as

provided in the explanation to clauses (d) and (e) of section 2, respectively,

incorporate a condition for compliance with the provisions of this Act, by such

educational institution or establishment.

(4) For the removal of doubts it is herby declared that nothing in this Act shall

affect the reservation provided to the Other Backward Classes under 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 and the Maharashtra Private

Professional Educational Institutions (Reservation of seats for admission for

Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic

Tribes and Other Backward Classes) Act, 2006.

Mah.

XXIV of

1961.

1 of 1956.

18 of

2013.

Mah. VIII

of 2004.

Applicability.

Mah. VIII

of 2004.

Mah.

XXX of

2006.

Mah. I of

2015.

¦ÉÉMÉ {ÉÉSÉ-+ö-----67--1+

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(1) Notwithstanding anything contained in any judgment, decree or order

of any Court or other authority, and subject to the other provisions of this Act,-

(a) sixteen per cent. of the total seats in educational institutions including

private educational institutions, whether aided or un-aided by the State, other

than minority educational institutions referred to in clause (1) of article 30 of

the Constitution of India ; and

(b) sixteen per cent. of the total appointments in direct recruitment in

public services and posts under the State,

shall be separately reserved for the Socially and Educationally Backward

Classes (SEBC) including the Maratha Community :

Provided that, the above reservation shall not be applicable to the posts

reserved in favour of the Scheduled Tribes candidates in the Scheduled Areas

of the State under the Fifth Schedule to the Constitution of India as per the

notification issued on the 9th June 2014 in this behalf.

(2) The principle of Creamy Layer shall be applicable for the purposes of

reservation to the Socially and Educationally Backward Classes (SEBC) under

this Act and reservation under this Act shall be available only to those persons

who are below Creamy Layer.

Explanation.—For the purposes of this sub-section, the expression “Creamy

Layer” means the person falling in the category of Creamy Layer as declared by

the Government in the Social Justice and Special Assistance Department, by

general or special orders issued in this behalf, from time to time.

Notwithstanding anything contained in section 4, the claims of students

or members belonging to Socially and Educationally Backward Classes

(SEBC) shall also be considered for the allotment on unreserved seats and

appointments on public services and posts which shall be filled on the basis of

merit, and where a student or member belonging to such classes is selected on

the basis of merit, the number of seats and appointments reserved for the Socially

and Educationally Backward Classes (SEBC), shall not in any way be affected.

(1) The Government may, by notification in the Official Gazette, appoint

any officer not below the rank of District Social Welfare Officer to be the Competent

Authority for such area as may be speified in such notification for the purposes of

carrying out the provisions of this Act and the rules made thereunder.

(2) The Competent Authority shall exercise such powers and perform such

functions as may be prescribed.

(1) If in respect of any recruitment year, any vacancy reserved for

Socially and Educationally Backward Classes (SEBC) of persons remains unfilled,

such vacancy shall be carried forward up to five years in case of direct

recruitment :

Provided that, on the date of commencement of this Act, if any Government

Order, Resolution, Circular and Office Memorandum regarding filling of posts is in

force then, the same shall continue to be in force unless modified or revoked by

the Government :

Provided further that, if the sanctioned posts are not adequate to allocate

atleast one post for each reserved category, then the reserved post shall be filled

in by applying the principle of rotation in accordance with the Government roster

orders or rules as may be prescribed or modified in this behalf.

(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

Classes of persons for the recruitment year to which it is carried forward :

Reservation of

seats for

admission in

educational

institutions,

appointments

in public

services and

posts under

State for

Socially and

Educationally

Backward

Classes

(SEBC).

Reservation

not to be

affected.

Competent

Authority.

Carrying

forward of

reserved

vacancies.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, xÉÉä´½åþ¤É®ú 29, 2018/+OÉ½þÉªÉhÉ 8, ¶ÉEäò 1940

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 the Government.

(1) The Government may, by order in writing, entrust upon every

admission authority or appointing authority or any officer under such authority, with

the responsibility of ensuring the compliance with the provisions of this Act.

(2) The Government may, in the like manner, invest the admission authority

or appointing authority or officer 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.

(1) Any admission authority or appointing authority or officer or employee

entrusted with the duty or responsibility who wilfully acts in a manner intended to

contravene or defeat the purpose 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.

(2) No court shall take cognizance of an offence punishable under this section

except with the previous sanction of the Government or officer authorized in this

behalf by the Government.

10.

When it comes to the notice of the Government or is brought to its notice

that any person belonging to Socially and Educationally Backward Classes

(SEBC) is adversely affected, on account of non-compliance with the provisions

of this Act or the rules made thereunder or the Government orders issued in this

behalf, by any admission authority or appointing authority, it may call for such

records and pass such appropriate orders as it deems fit.

11.

The Government may, by an order, provide for nomination of officers

belonging to Socially and Educationally Backward Classes (SEBC) in selections,

screening and Department Committee for the purpose of selecting persons for

appointment to public services and posts.

12.

Any admissions or appointments made in contravention of the provisions

of this Act shall be void.

13.

The Competent Authority appointed under section 6 shall be deemed to

be a public servant within the meaning of section 21 of the Indian Penal Code.

14.

No suit, prosecution or other legal proceeding shall lie against the

Competent Authority or its officers, for anything which is in good faith done or

intended to be done under this Act or the rules or orders made thereunder.

15.

(1) The State 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 any 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

Responsibility

and powers

for

compliance

of Act.

Penalty.

Power to call

for records.

Representation

in selection

Committee.

Irregular

admissions and

appointments

void.

Competent

Authority to

be public

servant.

Protection of

action taken

in good faith.

Power to

make rules.

45 of

1860.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, xÉÉä´½åþ¤É®ú 29, 2018/+OÉ½þÉªÉhÉ 8, ¶ÉEäò 1940

the date of publication of notification of such decision 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.

16.

(1) The provisions of this Act shall not apply to the 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

the 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, written test and

interview and such written test has started.

(2) The provisions of this Act shall not apply to admissions in educational

institutions and the cases in which the admission 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 the Government orders, as they stood

before such commencement.

Explanation.—For the purposes of this section, the admission process shall

be deemed to have initiated where,—

(i) admission is to be made on the basis of any entrance test, and

procedure for such entrance test has started ; or

(ii) in case of admission to be made other than on the basis of entrance

test, the last date for filling up the application form is lapsed.

17.

(1) If any difficulty arises in giving effect to the provisions of this Act,

the Government may, as 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 the purpose of removing the difficulty :

Provided that, no such order shall be made after expiry of the period of two

years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may

be, after it is made, before each House of the State Legislature.

18.

(1) On the commencement of this Act, the Maharashtra State

Reservation (of seats for admission in educational institutions in the State and for

appointments or posts in the public services under the State) for Educationally

and Socially Backward Category (ESBC) Act, 2014 shall stand repealed.

(2) The repeal of the said Act shall not affect,—

(i) anything done or any action taken or purported to have been done or

taken including any rule, notification, order, circular or direction issued under

the Act so repealed ; or

(ii) any appointment made, any selection process initiated, admissions

taken in any educational institutions, any right, privilege, obligation or liability

acquired, accrued or incurred under the Act so repealed ; or

(iii) any penalty, confiscation or punishment incurred in respect of any

contravention under the Act so repealed ; or

Savings.

Mah. I

of 2015.

Power to

remove

difficulty.

Repeal and

savings.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, xÉÉä´½åþ¤É®ú 29, 2018/+OÉ½þÉªÉhÉ 8, ¶ÉEäò 1940

STATEMENT OF OBJECTS AND REASONS

The State of Maharashtra is the leading State in upliftment of the persons from

the underprivileged society and the policy of reservation for the social and

educational advancement of the people belonging to the backward classes of

citizens in admissions to educational institutions in the State and for reservation

of appointments or posts in the public services under the State has been under

implementation in the State of Maharashtra since formation of the Maharashtra

State.

The initial two notifications making reservation of seats in public

employment were issued in the year 1902 by Rajarshi Shahu Maharaj, who is known

as the father of the concept of reservation in India. In the said two notifications of

1902 reservation was provided to Maratha community as a backward class. In

the Resolution dated the 23rd April 1942, issued by the then Government of

Bombay, about 228 communities were declared as intermediate and backward

class wherein Maratha is shown at Serial No. 149 in the list annexed thereto. The

Maratha community is numerically large in the State of Maharashtra, but an

overwhelming majority of the community is educationally and socially backward

due to lack of opportunities in admissions to educational institutions in the State

and due to inadequate representation in public services under the State.

3. Clause (4) of article 15 of the Constitution of India enables the State to

make any special provision for the advancement of any socially and educationally

backward classes of citizens and clause (5) of the said article 15 enables the State

to make any special provisions, by law, for the advancement of any socially and

educationally backward classes of citizens, in so far as such special provisions

relate to their admission to educational institutions including private educational

institutions, whether aided or unaided by the State, other than the minority

educational institutions referred to in clause (1) of article 30 of the Constitution. So

also clause (4) of article 16 of the Constitution enables the State to make provision

for the reservation of appointments or posts in favour of any backward class of

citizens, which, in the opinion of the State, is not adequately represented in the

services under the State.

The State of Maharashtra has enacted 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 (Mah. VIII of 2004). The Government of Maharashtra on the

basis of the material and data collected by the Rane Committee was of the view

that, Maratha community was socially, educationally and economically Backward

and was inadequately represented in public services under the State and it required

special provisions to be made for its advancement. The State Government had,

after careful consideration, taken a policy decision that without disturbing the then

existing fifty-two percent reservation applicable in the State, in admissions to

educational institutions including private educational institutions whether aided or

unaided by the State, other than minority educational institutions referred to in clause

(1) of article 30 of the Constitution, and in appointments or posts in public services

under the State, excluding reservations in favour of Scheduled Tribes candidates

in the Scheduled Areas of the State under the Fifth Schedule to the Constitution of

India, as per the notification issued on the 9th June 2014 in this behalf, there should

be a separate sixteen per cent reservation for the Educationally and Socially

Backward Category (ESBC) in which Maratha community was included.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, xÉÉä´½åþ¤É®ú 29, 2018/+OÉ½þÉªÉhÉ 8, ¶ÉEäò 1940

5. Therefore, the Maharashtra State Reservation (of seats for admissions

in educational institutions in the State and for appointments or posts in the public

services under the State) for Educationally and Socially Backward Category

(ESBC) Ordinance, 2014 (Mah. Ord. XIII of 2014), was promulgated by the

Governor of Maharashtra on the 9th July 2014.

Thereafter, the Maharashtra State Reservation (of seats for admission in

educational institutions in the State and for appointments or posts in the public

services under the State) for Educationally and Socially Backward Category

(ESBC) Act, 2014 (Mah. I of 2015), for converting the said Ordinance into an Act

of the State Legislature, was enacted on 9th January 2015. However, the

Constitutional validity of the said Act has been challenged before the Hon’ble High

Court. The Hon’ble High Court has stayed the implementation of the said Act on

7th April 2015.

Thereafter, the State Government has requested the Maharashtra Backward

Classes Commission in June 2017, to,—

(i) determine Contemporary Criteria and parameters to be adopted in

ascertaining the social, educational and economic backwardness of Marathas

for extending benefit of reservation under the constitutional provision keeping

in focus the various judgments of the courts, reservation laws and

constitutional mandate;

(ii) define the exceptional circumstances and extra ordinary situation

applied for the benefits of reservation in the contemporary scenario;

(iii) scrutinize and inspect the quantifiable data and other information which

the State has submitted to Hon. Court to investigate the backwardness of

Maratha Community;

(iv) determine the representation of Marathas in the State Public

Employment;

(v) ascertain the proportion of the population of the Maratha Community

in the State by collecting the information available under various sources.

The Maharashtra Backward Class Commission had appointed panel of

experts, social scientists, statisticians and sociologists from the Government and

the Universities to analyse and interpret the Sample Survey Data and Information

and collate the findings with the other contemporary Surveys undertaken in the

State by the State departments, Government agencies, previously constituted

constituents of the Maharashtra State Backward Class Commission so also with

the historical data, case studies, the appropriate use of which is proposed by the

State Government in its Terms of Reference appended to the letter.

The Commission has submitted its report to the State Government on

15th November 2018. The Commission inter alia came to the following conclusions

and findings :—

(A) Backwardness,—

(1) Maratha class of citizens in the State are Socially, Educationally

and Economically Backward as the community obtained weightage of

21.5 marks out of the maximum 25.

(2) Maratha class of citizens are eligible to be included in the

backward class category on the basis of their backwardness.

¦ÉÉMÉ {ÉÉSÉ-+ö-----67--2

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, xÉÉä´½åþ¤É®ú 29, 2018/+OÉ½þÉªÉhÉ 8, ¶ÉEäò 1940

(B) Representations in public employment,—

Representation of Marathas in the State Public Employment in

Higher Grade of A, B, C and D is found to be inadequate not only as a

proportion of their State population share of around 30% but also because

of inadequacy in the number of graduates which is the minimum

educational qualification for these grade of public posts.

and students :—

(1) Presence of Maratha Community in pursuit of academic career

as professors and such others positions of academic excellence is very

marginal. On an average 4.30% academic and teaching posts are

occupied by persons of Maratha Community which is having 30%

population across the State.

(2) Lack of conventional degree level education is landing them in

lowly labour oriented employment such as mathadis, hamals, dabewalas,

etc.

(3) Low earning and livelihood engagements of seasonal nature

requiring temporary or permanent migration to urban ghettos which

impacts the smooth schooling and school attendance by their children.

(D) Computation of Maratha population :—

The average Maratha population proportion taking the base of

various population censuses, a special survey taken up by the Planning

Department of the State (32.14%),the special survey taken up by the

Rural Development Department of the State Government, Social,

Economic and Castes survey information of the Rural Development

Department of the Government of India (27%) and the findings of sample

survey of the Maharashtra State Backward Class Commission confirmed

the average of 30% Maratha population against the total State population.

(E) Social Status of Marathas :—

(1) Around 76.86% of Maratha families have been found to be

engaged in agriculture and agricultural labour for their livelihood.

(2) Around 6% of Marathas are in Government or Semi Government

Services. Most of these positions are occupied in the Group-D State

services.

(3) Around 70% of the Maratha families are found to be residing in

kachcha dwellings.

(4) Only 35.39% of the Maratha families have personal tap water

connections.

(5) Around 31.79% of Maratha families are found to be relying on

traditional sources of firewood, cow dung and agricultural wastage as

the fuel for the cooking in domestic use.

(6) During the period 2013-18, a total of 2152 (23.56%) Maratha

farmers have committed suicides as against the total farmers suicides

13,368.

(7) The impact of archive social traits, practices, customs and

traditions are still found to be prevalent amongst Maratha community.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, xÉÉä´½åþ¤É®ú 29, 2018/+OÉ½þÉªÉhÉ 8, ¶ÉEäò 1940

(8) As to the perception towards different kind of backwardness ,

73% Marathas feel that they have been infected by all the 3 types of

backwardness i.e. social, educational and economic.

(9) The rampant migration of Marathas from rural to urban areas has

been found to be picked up in last ten years as revealed from the survey

of the Maharashtra State Backward Class Commission. A member from

around 21% Maratha families have migrated to urban areas in search of

livelihood landing them in labour intensive lowly occupations like Mathadi,

Hamal, Dabbewala, Maid servant, Port workers, etc. This clearly indicated

the depleting social status of Marathas in Contemporary context.

(10) Status of a women in any community is most significant

parameter of the social backwardness or forwardness of the social class.

In this regard, persuasion of physical labour led activities or occupation

or employment for livelihood earnings has been found to be most

dominant component to gauze the social backwardness of the community.

It found in the survey that 88.81% of Maratha women are involved in

physical labour for earning livelihood, of course not including the physical

domestic work they perform for the family.

Looking to the significance of this important parameter as to the

female in the community engaged in physical labour for livelihood or

wages or occupation or employment in assessing the social

backwardness of the community, the Maharashtra State Backward Class

Commission has allocated weightage of three marks to this parameter

which has been specified to be at least 5% more of the State Average

Percentage of female engaged in the physical labour.

(F) Educational Status of Marathas :—

The Maharashtra State Backward Class Commission has assessed

and evaluated the educational status of Marathas through the sample

survey and has allocated a weightage of 8 marks out of total 25 marks

for the educational backwardness of the community. There are 13.42%

illiterates, 35.31% primary educated, 43.79% H.S.C. and S.S.C., 6.71%

under graduates and post graduates and 0.77% technical and

professional qualified amongst Maratha community.

(G) Economical Status of Marathas :—

(1) Around 93% of Maratha families have an annual income of

1,00,000 which is much below the average income of middle class

families. It reflects the subdued economic status of Maratha community.

(2) The percentage of Below Poverty Line (B.P.L.) families amongst

the Marathas as per survey has been found to be 37.28% against the

State average of 24.2%.

(3) The percentage of landless and marginal farmers (lands

ownership less than 2.5 acres) is found to be around 71% amongst the

Maratha families whereas the percentage of big farmers holding about

10 acres of land is only 2.7%.

(H) Extra-ordinary situations and circumstances for crossing of 50% limit

of reservation,—

(1) The Maharashtra State Backward Class Commission has come

to the conclusion that an extra-ordinary situation has developed in the

State with regard to the reservation allocation and the emerging

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extraordinary circumstances, particularly after having declared Maratha

Community with 30% proportion of the State population as a socially and

educationally backward on the basis of the quantifiable data and its

consequential entitlement to the Constitutional reservation benefits. The

existing limit of 50% reservation for State Public Employment and the

admissions to the State educational institutions will have to be

reconsidered on the background of the extra ordinary situation and

exceptional circumstances.

(2) After declaring Marathas a socially, educationally and

economically backward class of the citizens, the total percentage of the

state population entitled to the constitutional benefits and advantages as

listed under the article 15(4) and the article 16(4) will be around 85 % .

This is a compelling extraordinary situation demanding extraordinary

solution within the constitutional frame work.

Added to that, the judicial verdicts have categorically pronounced

that the reservation policy frame and constitutional mandate as regards

SCs and STs is so sacrosanct that there is no need of quantifiable data

or its verification whatsoever. It has also to be in proportion to their

population needing no distinction to be made as regards adequate vis-

à-vis proportionate as to be done in case of reservations to other

backward class of citizens. Therefore, the scenario that emerges would

be to accommodate remaining 63% (85%-22%) backward class

population in remaining 29% reservation allocation as conditioned by the

ceiling of 50%. This is an extraordinary situation and exceptional

circumstances emerging in the State.

(3) As per the latest census figures 4.62% jobs are available per

100 youth in public services. As the average recruitment per year is not

more than 5% of the total job in the State, the availability ratio goes down

to 0.23% less than 1 job per 100 eligible youth. If this job scenario is

restricted in a manner that only 50% of 0.23% i.e. 0.12 jobs per

recruitment year will be available to 95% population and remaining 0.12

jobs to a population of 5% unreserved class of forward citizenry youth

is a mockery of the reservation principle in state public employment, a

constitutionally treachery with the backward class of youth aspiring for

public employment. This extraordinary situation warrants the

enhancement of the reservation percentage beyond 50%.

(4) Keeping 50% ceiling intact but allowing more and more class

of citizenry to be accommodated in 50%, rather only in 27% reservation

quota is in a way favouring the miniscule forward class of the society to

enjoy their age old social and educational dominance in perpetuity again

at the cost of majority class of population.

(5) The Marathas are the most sufferers of not allowing the breach

of 50% reservation limit on one hand and tagging them with the Forward

Class of Citizens to face the unequal competition with them on the other

hand. They, in fact, had been included in backward category before

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independence and till the year 1952 even after independence being

included in Intermediate Caste Category, an old version of the new

incarnation of Socially and Educationally Backward Class of Citizen

(SEBC).

(6) While most of the other Caste groups then included in the

intermediate caste category along with the Marathas or even those not

finding place in the intermediate caste category then have been now

included in the existing list of backward classes, the Marathas had been

excluded without any reasoning and tagged with Forward Class of

Citizens to face a stiff unequal competition. The consequences are there

to see as much as the Marathas are not able to obtain adequate

proportion of either the State Public Employment posts or adequate

number of admission to the higher and technical educational institutions,

most of them being cornered by the Forward Classes and even by the

reserved category candidates competition for merit quota. Now, after a

long gap, the deprived Maratha community is on the verge of getting re-

included in the backward class category. However, the backward class

communities already included in the OBC list, if abruptly asked to share

their well-established entitlement of reservations with a 30% Marathas

Citizenry, it would certainly be a catastrophic scenario creating an extra

ordinary situation and exceptional circumstances which if not swiftly and

judiciously addressed, may lead to unwarranted repercussions in the well

set harmonious co-existence culture of the State.

Thus, an urgent need to give due justice to a duly recognized new

backward class of citizenry ; Marathas who have already been suffering

a double jeopardy for decades and now expecting a justice and ensuring

already included backward communities that they will not be deprived of

their reservation advantages and benefits, is certainly an extra ordinary

situation and has created exceptional circumstances which cannot be

harmoniously resolved unless the ceiling of 50% imposed on the

reservation is reconsidered. This is the only way available in the

contemporary situation to harmoniously resolve the exceptional

circumstances being faced by the State.

Based on above findings as well as other conclusions drawn by the said

Commission, the Commission has recommended as under :—

(1) The Maratha Class of Citizens is declared as Socially and

Educationally Backward Class of Citizens (SEBC) and has inadequate

representation in the services under the State.

(2) Maratha Class of Citizens having been declared Socially and

Educationally Backward Class of Citizens are entitled to reservation

benefits and advantages enshrined in the Article 15(4) and 16(4) of the

Constitution of India.

(3) Looking to the exceptional circumstances and extra ordinary

situations generated on declaring Maratha Class of Citizens as Socially

and Educationally Backward and their consequential entitlement to the

reservation benefits, the Government may take an appropriate decision

within the constitutional provisions to address the emerging scenario in

the State.

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The Government of Maharashtra has considered the report, conclusions,

findings and recommendations of the said Commission. On the basis of the

exhaustive study of the said Commission on various aspects regarding the

Marathas, like public employment, education, social status, economical status, ratio

of population, living conditions, small size of land holdings by families, percentage

of suicide of farmers in the State, type of works done for living, migration of families,

etc., analysed by data, the Government is of opinion that,—

(a) the Maratha Community is socially and educationally backward and

a backward class for the purposes of article 15(4) and (5) and article16 (4),

on the basis of quantifiable data showing backwardness, inadequacy in

representation by the said Commission ;

(b) having regard to the exceptional circumstances and extraordinary

situation generated on declaring Maratha as socially and educationally

backward and their consequential entitlement to the reservations benefits and

also having regard to the backward class communities already included in

the OBC list, if abruptly asked to share their well established entitlement of

reservation with a 30% of Maratha citizenry, it would be a catastrophic scenario

creating an extraordinary situation and exceptional circumstances, which if

not swiftly and judiciously addressed, may lead to unwarranted repercussions

in the well harmonious co-existence in the State, it is expedient to relax for

the percentage of reservation by exceeding the limit of 50%, for advancement

of them, without disturbing the existing fifty-two per cent reservation currently

applicable in the State, only for those who are not in creamy layer ;

category ;

(d) it is expedient to make special provision, by law, for the advancement

of any Socially and Educationally Backward Classes of Citizens, in so far as

admission to educational institutions, other than the minority educational

institutions, is concerned but such special provisions shall not include the

reservation of seats for election to the Village Panchayats, Panchayat Samitis,

Zilla Parishads, Municipal Councils, Muncipal Corporations, etc ;

(e) it is expedient to provide for reservation to such classes in

admissions to educational institutions including private educational institutions

whether aided or unaided by the State, other than minority educational

institutions referred to in clause (1) of article 30 of the Constitution; and in

appointments in public services and posts under the State, excluding

reservations in favour of Scheduled Tribes candidates in the Scheduled Areas

of the State under the Fifth Schedule to the Constitution of India, as per the

notification issued on the 9th June 2014 in this behalf ;

(f) by providing reservation to the Maratha Community, the efficiency in

administration will not be affected, since the Government is not diluting the

standard of educational qualification for direct recruitment for this classes and

there will definitely be competition amongst them for such recruitment ; and

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MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative power,

namely :—

Clause 6.—(a) Under sub-clause (1), power is taken to the State

Government to appoint, by notification in to the Official Gazette, any officer

not below the rank of District Social Welfare Officer to be the Competent

Authority for the purposes of carrying out the provisions of the Act and the

rules made thereunder.

(b) Under sub-clause (2), power is taken to the State Government to

prescribe by rules, the powers to be exercised and functions to be performed

by the Competent Authority.

Clause 15(1).—Under this clause, power is taken to the State

Government to make rules, by notification in the Official Gazette, to carry out

the purposes of this Act.

Clause 17(1).—Under this clause, power is taken to the State

Government to remove, by an order published in the Official Gazette, any

difficulty, which may arise in giving effect to the provisions of this Act.

The above-mentioned proposals for delegation of legislative power are of

normal character.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR

SHRI MANOHAR SHANKAR GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI

ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.

Vidhan Bhavan

DR. ANANT KALSE,

Mumbai,

Principal Secretary,

Dated the 29th November 2018.

Maharashtra Legislative Assembly.