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L. A. BILL No. XLI OF 2021.

A BILL

to provide for the reservation of posts in appointments by direct

recruitment of persons belonging to the Scheduled Castes, Scheduled

Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special

Backward Category, Other Backward Classes and Economically Weaker

Sections to teachers’ cadre in certain Educational Institutions established,

maintained or aided by the State Government and for the matters connected

therewith or incidental thereto.

WHEREAS it is expedient to provide for the reservation of posts in

appointments by direct recruitment of persons belonging to the Scheduled

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

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

English of the Maharashtra Educational Institutions (Reservation in Teachers’ Cadre) Bill, 2021

(L.A. Bill No. XLI of 2021), introduced in the Maharashtra Legislative Assembly on the 28th

December 2021, is hereby published under the authority of the Governor.

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

SATISH WAGHOLE,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

––––––––––––

RNI No. MAHENG / 2009 / 35528

(1)

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Tribes, Special Backward Category, Other Backward Classes and

Economically Weaker Sections to teachers’ cadre in certain Educational

Institutions established, maintained or aided by the State Government and

for the matters connected therewith or incidental thereto; it is hereby

enacted in the Seventy-second Year of the Republic of India, as follows:-

1.

(1) This Act may be called the Maharashtra Educational Institutions

(Reservation in Teachers’ Cadre) Act, 2021.

(2) It shall come into force on such date as the State Government may,

by notification in the Official Gazette, appoint.

2.

In this Act, unless the context otherwise requires,—

(a) “branch of study” means a branch of study leading to four

principal levels of qualifications at diploma, bachelors (under graduate),

masters (post graduate) and doctoral (Ph.D.) levels;

(b) “De-notified Tribes (Vimukta Jatis)” means the Tribes declared

as such by the Government from time to time;

(c) “direct recruitment” means the process of appointing faculty by

inviting applications against public advertisement from persons eligible

to teach in an Educational Institution;

(d) “Economically Weaker Sections” means such weaker sections

as are referred to in Explanation to clause (6) of article 15 of the

Constitution of India;

(e) “Educational Institution” means,—

(i) a university established or incorporated by or under a State

Act and receiving aid from the State Government;

(ii) an institution, declared as an institution deemed to be

university under section 3 of the University Grants Commission

Act, 1956 and maintained by or receiving aid from the State

Government;

(iii) an institution or college or group of institutions or colleges

maintained by or receiving aid from the State Government and

affiliated to an institution referred to in sub-clause (i) or a

constituent unit of an institution referred to in sub-clause (i) or sub-

clause (ii); or

(iv) an institution or college or a group of institutions or

colleges maintained by a society or trust or private management

body and receiving aid from the State Government, whether

directly or indirectly and affiliated to an institution referred to in

sub-clause (i); or

(v) an educational institution established by the State

Government under the Societies Registration Act, 1860;

(f) “faculty” means the faculty of an Educational Institution;

(g) “Government” or “State Government” means the Government

of Maharashtra;

(h) “minority educational institution” means the Government

approved institution established and administered by the minority

having right to do so under clause (1) of article 30 of the Constitution

of India;

(i) “Nomadic Tribes” means the Tribes wandering from place to

place in search of their livelihood as declared by the Government, from

time to time ;

Short title

and

commence-

ment.

Definitions.

3 of

1956.

21 of

1860.

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(j) “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 Maharashtra ;

(k) “sanctioned strength” means the number of posts in teachers’

cadre approved by the State Government;

(l) “Scheduled Castes” means the Scheduled Castes notified under

article 341 of the Constitution of India;

(m) “Scheduled Tribes” means the Scheduled Tribes notified under

article 342 of the Constitution of India;

(n) “Special Backward Category” means socially and educationally

backward classes of citizens declared as Special Backward Category by

the Government;

(o) “teachers’ cadre” means a class of all the teachers of an

Educational Institution, regardless of the branch of study or faculty,

who are remunerated at the same grade of pay, excluding any allowance

or bonus.

3.

(1) Notwithstanding anything contained in any other law for the

time being in force, there shall be reservation of posts in direct recruitment

out of the sanctioned strength in teachers’ cadre in an Educational

Institution to the extent and in the manner as may be specified by the State

Government by notification in the Official Gazette.

(2) For the purpose of reservation of posts, an Educational Institution

shall be regarded as one unit.

4.

The provisions of section 3 shall not apply to,—

(a) the Minority Educational Institution;

(b) such institutions of excellence or research institutions, as may

be declared by the State Government by notification in the Official

Gazette.

5.

Every notification issued by the State Government under this Act shall

be laid, as soon as may be after it is made, before each House of 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 immediately following the session or the

successive sessions aforesaid, both Houses agree in making any modification

in the notification or both Houses agree that the notification should not be

made, the notification 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 notification.

6.

(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 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.

Reservation of

posts in

recruitments

in Educational

Institutions.

Act not to

apply in

certain cases.

Laying of

notifications.

Power to

remove

difficulties.

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STATEMENT OF OBJECTS AND REASONS

As per the existing reservation policy in direct recruitment in teachers’

cadre in Educational Institutions in the State, reservation is applicable

subject-wise in the relevant teachers’ cadre. Due to small size of subject-wise

cadre all reserved categories are not represented adequately in teachers’

cadre. Also in some cases where there are subject-wise single post no

reservation is applicable.

2.

The Government has received various representation from several

organizations to adopt the cadre-wise reservation policy of the Central

Government provided in the Central Educational Institutions (Reservation

in Teachers’ Cadre) Act, 2019 (10 of 2019).

3.

In order to ensure adequate the representation of reserved

categories in the direct recruitment in teachers’ cadre in Educational

Institutions, the Government considers it expedient to enact a law on the

lines of the said Central Act. It is proposed to provide for the reservation

of posts in appointments by direct recruitment of persons belonging to the

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

Nomadic Tribes, Special Backward Category, Other Backward Classes and

Economically Weaker Sections to teachers’ cadre in certain Educational

Institutions established, maintained or aided by the State Government. It

is also proposed to provide that, there shall be reservation of posts in direct

recruitment out of the sanctioned strength in teachers’ cadre in an

Educational Institution to the extent and in the manner as may be specified

by the State Government by notification in the Official Gazette. For the

purpose of reservation of posts in teachers’ cadre in university or college

or group of institutions or colleges maintained by the State Government or

private body and receiving aid from the State Government, is regarded as

one unit.

4.

The Bill seeks to achieve the above objectives.

Mumbai,

UDDHAV BALASAHEB THACKERAY,

Dated the 27th December 2021.

Chief Minister.

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MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative

power, namely:—

Clause 1(2).–Under this clause power is taken to the State Government,

to appoint, by notification in the Official Gazette, the date on which the Act

shall come into force.

Clause 3(1).–Under this clause power is taken to the State Government,

to specify, by notification in the Official Gazette, the extent and the manner

of reservation of posts in direct recruitment to teachers’ cadre in the

Educational Institutions.

Clause 4.–Under this clause power is taken to the State Government,

to declare by notification in the Official Gazette, the institution of excellence

or research institutions, to which the provisions of Clause 3 shall not apply.

Clause 6.–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 the Act, within a period of

two years from the commencement of the Act.

2.

The above-mentioned provisions for delegation of legislative powers

are of normal character.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE,

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 : DIRECTOR, RUPENDRA DINESH MORE.