¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, xÉÉä´½åþ¤É®ú 30, 2018/+OɽþɪÉhÉ 9, ¶ÉEäò 1940

1

An Act 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 +É`ö-162----1

(1)

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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in

English of 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 (Mah. Act No. LXII of 2018), is hereby published under the authority

of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government,

Law and Judiciary Department.

———————

MAHARASHTRA ACT No. LXII OF 2018.

[ First published, after having received the assent of the Governor in the “Maharashtra

Government Gazette”, on the 30th November 2018. ]

RNI No. MAHENG /2009/35528

2

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, xÉÉä´½åþ¤É®ú 30, 2018/+OɽþɪÉhÉ 9, ¶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.

(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.

2.

(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®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, xÉÉä´½åþ¤É®ú 30, 2018/+OɽþɪÉhÉ 9, ¶ÉEäò 1940

3

(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 +É`ö-162----1+

4

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4.

(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.

5.

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.

6.

(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.

7.

(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®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, xÉÉä´½åþ¤É®ú 30, 2018/+OɽþɪÉhÉ 9, ¶ÉEäò 1940

5

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.

8.

(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.

9.

(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.

6

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, xÉÉä´½åþ¤É®ú 30, 2018/+OɽþɪÉhÉ 9, ¶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®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, xÉÉä´½åþ¤É®ú 30, 2018/+OɽþɪÉhÉ 9, ¶ÉEäò 1940

7

(iv) any investigation, legal proceeding or remedy instituted before the

commencement of this Act may be continued or enforced as if this Act has

not been enacted.

(v) any declaration made in pursuance of the provisions 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 and such declaration shall continue to be in force as if it is made

under this Act.

Mah. I of

2015.

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.