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1

L. A. BILL No. I OF 2024.

A BILL

to specify certain communities as the Socially and Educationally

Backward Classes in relation to the State of Maharashtra and 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 such Socially and Educationally Backward

Classes in the State of Maharashtra for their advancement and for matters

connected therewith or incidental thereto.

WHEREAS it is expedient to specify certain communities as the

Socially and Educationally Backward Classes in relation to the State of

Maharashtra and 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 such Socially

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——————

MAHARASHTRA LEGISLATURE SECRETARIAT

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

20th February, 2024 is published under Rule 117 of the Maharashtra Legislative Assembly

Rules :—

RNI No. MAHBIL /2009/40123

¦ÉÉMÉ {ÉÉSÉ-+ö--1—1

(1)

2

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.

and Educationally Backward Classes in the State of Maharashtra for their

advancement and for matters connected therewith or incidental thereto;

it is hereby enacted in the Seventy-fifth Year of the Republic of India, as

follows :—

1. (1) This Act may be called the Maharashtra State Reservation for

Socially and Educationally Backward Classes Act, 2024.

(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 appointments to such services

and posts ;

(c) “Competent Authority” means the Competent Authority

appointed under section 7 ;

(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,

universities established by or under the relevant Maharashtra Acts,

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 university or company or

corporation or 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 ;

Short title and

commencement.

Definitions.

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3

(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 ;

(ii) a co-operative society registered 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 Act or a State Act which is owned and controlled

by the Government, or a Government company as defined in 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 reservation of posts for appointments in

the public services and posts to the persons belonging to Socially and

Educationally Backward Classes in the State ;

(j) “Socially and Educationally Backward Classes” means the

Socially and Educationally Backward Classes as specified under this

Act for the purposes of the State of Maharashtra in accordance with

article 342A of the Constitution of India ;

(k) “State” means the State of Maharashtra.

(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. The Maratha Community is hereby specified as the Socially and

Educationally Backward Class for the purposes of the State.

4. (1) This Act shall apply to all the direct recruitments and

appointments made in the 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 admissions 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.

Mah.

XXIV of

1961.

18 of 2013.

Mah.

VIII of

2004.

Socially and

Educationally

Backward

Class in

State.

Applicability.

¦ÉÉMÉ {ÉÉSÉ-+ö--1—1+

4

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(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 of the provisions of

this Act, by such educational institution or establishment.

(4) For the removal of doubts, it is hereby 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.

5. (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) ten 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) ten 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 :

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, from time to time, by the Governor,

in this behalf.

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

of reservation to the Socially and Educationally Backward Classes under

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

belonging to the Socially and Educationally Backward Classes who are not

falling in 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 by general or special orders issued in this

behalf, from time to time.

6. Notwithstanding anything contained in section 5, the claims of

students or persons belonging to Socially and Educationally Backward

Classes 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 students or persons 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, shall not in any way be affected.

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

appoint any officer not below the rank of the District Social Welfare Officer

to be the Competent Authority for such area as may be specified in such

Mah.

VIII

of 2004.

Mah.

XXX of

2006.

Reservation

of seats for

admission in

educational

institutions,

appointments

in public

services and

posts under

State for

Socially and

Educationally

Backward

Classes.

Reservation

not to be

affected.

Competent

Authority.

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5

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.

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

Socially and Educationally Backward Classes of persons remains unfilled,

such vacancy shall be carried forward upto 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 :

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.

9. (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.

10. (1) Any admission authority or appointing authority or officer or

employee entrusted with the duty or responsibility 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 twenty-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.

11. 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 is adversely affected, on account of non-compliance with the

provisions of this Act or the rules made thereunder or the Government orders

Carrying

forward of

reserved

vacancies.

Responsibility

and powers for

compliance of

Act.

Penalty.

Power to call

for records.

6

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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.

12. The provisions of the Maharashtra Scheduled Castes, Scheduled Tribes,

De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes

and Special Backward Category (Regulation of Issuance and Verification of)

Caste Certificate Act, 2000 and the Maharashtra Scheduled Castes, De-notified

Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special

Backward Category (Regulation of Issuance and Verification of) Caste Certificate

Rules, 2012, shall mutatis mutandis apply for issuance of Caste Certificate and

Validity Certificate for Maratha Community as Socially and Educationally

Backward Class, for the purposes of this Act.

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

belonging to Socially and Educationally Backward Classes in selections,

screening and departmental committee for the purpose of selecting persons

for appointment to public services and posts.

14. Any admissions or appointments made in contravention of the

provisions of this Act shall be void.

15. The Competent Authority appointed under section 7 shall be deemed

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

Code.

16. 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.

17. (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 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.

18. (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

Procedure of

issuance of

Caste

Certificate

and Validity

Certificate.

Mah.

XXIII of

2001.

Representation

in selection

committee.

Irregular

admissions and

appointments

void.

Competent

Authority to

be public

servant.

45 of 1860.

Protection of

action taken

in good faith.

Power to

make rules.

Savings.

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7

(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 the form is lapsed.

19. (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.

20. (1) 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 is hereby repealed.

(2) The provisions of section 7 of the Maharashtra General Clauses Act

with regard to effect of repeal shall apply.

Power to

remove

difficulty.

Repeal and

savings.

Mah.

LXII of

2018.

1 of 1904.

8

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STATEMENT OF OBJECTS AND REASONS

The State of Maharashtra has been a leading State in taking measures

for promoting the social, economic and educational advancement of persons

belonging to the backward class of citizens. As part of the gamut of such

measures, the State has made provisions for reservation of seats for

admissions in educational institutions in the State and for reservation of

posts for appointments in public services in the State in favour of such

backward classes.

2. Prior to independence, in the year 1902, Rajarshi Chhatrapati Shahu

Maharaj, vide two notifications provided reservation in public employment

to the Maratha Community as a backward class. Similarly, by resolution

dated 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.

3. In June 2017, the Government of Maharashtra requested the

Maharashtra State Commission for Backward Classes under the Chairmanship

of Justice M. G. Gaikwad (Retd) (the “Gaikwad Commission”) inter alia to

investigate backwardness of the Maratha Community and other related

aspects as per the Terms of Reference. By its report dated 13th November

2018 the Gaikwad Commission, recommended that the Maratha Class of

citizens to be declared as a Socially and Educationally Backward Class and

be granted the benefit of reservation under Article 15(4) and Article 16(4) of

the Constitution of India.

4. In 2018, the Government of Maharashtra, on the basis of the material

and data collected by the Gaikwad Commission, enacted 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.

LXII of 2018) on 30th November 2018.

The constitutional validity of the 2018 Act was challenged before the

Bombay High Court. The Bombay High Court vide order dated 27th June

2019 (Dr. Jaishri Patil v/s. Chief Minister of Maharashtra 2019 4 Bom CR

481) held that, in the backdrop of the report of the Gaikwad Commission,

the State was justified in making provision for separate reservation for the

Maratha Community but reduced the quantum of reservation provided

thereunder to that recommended by the Gaikwad Commission.

5. The judgment of the Bombay High Court was challenged before the

Supreme Court. The Constitution Bench of the Supreme Court vide judgment

dated 5th May 2021 (Dr. Jaishri Patil v/s. Chief Minister of Maharashtra

(2021) 8 SCC 1) held the provisions of the said Act granting reservation to

the Maratha Community in seats in educational institutions and posts in

public services as ultra vires the Constitution. A review petition against the

said judgment was dismissed and a curative petition is pending before the

Supreme Court.

6. In its judgment dated 5th May 2021 the Supreme Court inter alia

noted that, Gaikwad Commission proceeded on an erroneous understanding

of the legal position as laid down in various decisions of the Supreme Court

to arrive at a finding that a case for an extraordinary situation had been

made out for granting the Maratha Community reservation in excess of 50

per cent. The Supreme Court found that the 2018 Act was based on the

Gaikwad Commission Report and therefore, the 2018 Act also did not make

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9

out any extraordinary circumstances for exceeding the 50 per cent. ceiling.

The Supreme Court found certain shortcomings in the report of the Gaikwad

Commission and the methodology adopted therein to arrive at the conclusion

that Marathas were backward and not adequately represented in public

services. The Supreme Court further observed that it was not within the

Terms of Reference of the Gaikwad Commission to examine whether the

earlier reports of the National Commission/ State Commission, in not

recommending Marathas to be included in the other backward classes or to

provide separate reservation to them, were correct or not. It was further

observed that the Gaikwad Commission ought to have focused on what

happened in recent years that the Marathas had become a backward class.

The Supreme Court further observed that the conclusion reached by the

Gaikwad Commission was not borne out by the data and material before it.

On these and other grounds, the Supreme Court set aside section 2(j), section

4(1)(a) and section 4(1)(b) of the 2018 Act as ultra vires to the Constitution.

However, the Supreme Court noted that, it is open to the State to collect

relevant data to find out as to whether a particular class or community is a

backward class despite any decision to the contrary taken earlier.

7. In the light of the various observations of the Supreme Court, the

State Government made reference to the Maharashtra State Commission

for Backward Classes under the Chairmanship of Justice S.B. Shukre (Retd.)

(the “Shukre Commission”) with the following Terms of Reference :—

(1) to determine the criteria and parameters to be adopted in

ascertaining the social, educational and economic backwardness for the

benefits of reservation in present context in conformity with the

Constitutional mandate, reservation laws and various judgments of the

courts including the observations of the Supreme Court in its judgment

in the case of Jaishri Laxmanrao Patil V/s. Chief Minister and Others

(Civil Appeal No. 3123 of 2020 and connected matters;

(2) to define exceptional circumstances and or extraordinary

situations to be applied for the benefits of reservation in the present

context in conformity with the Constitutional mandate, reservation laws

and various judgments of the courts including the observations of the

Supreme Court in its judgment in the case of Jaishri Laxmanrao Patil

v/s Chief Minister and Others;

(3) to collect fresh quantifiable and other data and information and

also scrutinize and inspect the data and information collected in the

past by whichever sources including by the State Backward Class

Commission, National Backward Class Commission and the Committees

appointed by the State Government from time to time, for determining

the social and educational backwardness of Maratha Community and

their inclusion in the list of backward classes, by applying the criteria

and parameters determined as above;

(4) to ascertain existence of exceptional circumstances and or

extraordinary situations in the context of Maratha Community justifying

exceeding of the limit of 50% reservation as laid down in judgments of

the Supreme Court;

(5) to determine the adequacy of representation of Maratha

Community in the public employment under Central and State

Government establishments, Public Sector Undertakings, Universities

and other Institutions aided and funded by Government;

¦ÉÉMÉ {ÉÉSÉ-+ö--1—2

10

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(6) to ascertain proportion of population of Maratha Community in

the State of Maharashtra on the basis of records, reports, census and

other available data;

(7) to analyse the earlier reports of the Backward Class Commission

and the Committees appointed by the State Government from time to

time like the Bapat Committee in the context of Maratha Community,

including the analysis of any shortcomings, errors and lacunae therein

and also the regression or change of circumstances of Maratha

Community thereafter;

(8) to consider, assess and determine the aspects and terms set out

in paragraph 33.6 of the Bhosale Committee, constituted by the State

Government which reads as under :-

(i) to reassess social backwardness in the context of actual

deprived class of Maratha population (non-creamy layer);

(ii) to re-examine educational backwardness in the context of

recent regression of Maratha class;

(iii) to re-examine social backwardness in the context of recent

regression of Maratha class;

(iv) to re-examine actual percentage of educational

backwardness;

(v) to supplant aspects of economic backwardness as that

arrived by Gaikwad Commission;

(vi) to examine aspect of proportion of representation of open

class vis-a-vis Marathas in education;

(vii) to examine aspect of proportion of representation of open

class vis-a-vis Marathas in services;

(viii) to find out disproportionate imbalance of representation

of open category vis-a-vis Marathas in education and services;

(ix) to lay out statistics of open category population vis-a-vis

Marathas;

(x) to trace out recent regression of Marathas especially post

year 2008, in particular;

(xi) to trace out actual percentage of forward Maratha Class,

such as politicians, businessmen, industrialist, professionals,

academicians, etc. and of socially and educationally backward

Marathas;

(xii) to make comparative study of earlier backward class

commissions for Marathas and its in-depth analysis of short comings

of such commission reports if any;

(xiii) to consider the difference margin of economic

backwardness of Marathas vis-a-vis other open EWS (so as to sub

classify/carve out a category);

(xiv) to find out exact statistics of Marathas in higher services

such as IAS, IPS in Maharashtra and outside states vis-a-vis other

classes;

(xv) such other ancillary and supplemental reference as the

State in its wisdom may deem it appropriate;

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11

(9) to investigate such other matters as the State Government may

hereafter refer to the commission in this context;

(10) to submit a report to the State Government by recording the

facts and observations and thereby making suitable recommendations.

Further the Commission may,—

(a) obtain such information or statistics as they may consider

necessary or relevant for their purpose in such form and manner as

they may think appropriate from any source including the Central and

State Government Offices, public sector undertaking establishments,

universities and other institutions and such other authorities,

organizations or individuals as may in the opinion of the Commission

be of assistance to them;

(b) engage and avail advice of experts and researchers by holding

meetings with them and also get assistance of recognized research

institutions as and when felt essential for analysis of the quantifiable

data and also for the efficient and qualitative functioning of the

Commission;

(c) visit or depute sub-committee/s or representative/s to visit such

part/s of the State of Maharashtra and/or places in the country as they

may be considered necessary, or convenient for obtaining any

information or data or documents or otherwise;

(d) record the evidences and contentions lead by the individuals as

and when found necessary during the course of investigation.

8. The Commission conducted extensive survey throughout the State of

Maharashtra. The Commission used scientific and modern technology for

conducting intensive house-to-house survey on massive scale based on

different criteria and has collected fresh quantifiable contemporary data

relating to social, educational and economic status of Maratha Community

vis-a-vis Open Class Communities.

The Commission has collected data of 1,58,20,264 households through

massive workforce of 1,96,259 enumerators by using Computer Assisted

Personal Interviews (CAPI) Software for collection of data efficiently. All

household information collected during the survey was encrypted in JSON

format using the robust Advance Encryption Standard (AES) algorithm. This

encrypted data was securely stored on the Server with access restricted

solely to the Maharashtra State Commission for Backward Classes.

The Commission has examined wide ranging contemporaneous data

collected upon framing an elaborate questionnaire ranging to around 150

plus relevant questions in relation to social and educational aspects of

Maratha Community. The questionnaire was so prepared as to elicit scientific

and realistic position as of date in regard to the standing of Maratha

Community in the society in the context and comparison with other classes

of the society that have advanced.

The Commission has done detailed examination, scrutiny and analysis

of fresh quantifiable contemporary data and information collected by all

sources, through a panel of experts, social scientist, statisticians and

sociologists from the Government and Universities appointed by it; and

collated the findings with the other contemporary surveys undertaken in

¦ÉÉMÉ {ÉÉSÉ-+ö--1—3

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the State by the State Departments, Government agencies, previously

constituted Commissions so also with the historical data and case studies.

9. The Commission has submitted its report to the State Government

on 16th February 2024. The Commission inter alia came to the following

conclusions and findings : —

(a) Educational indicators clearly illustrate the Maratha

Community’s lower education attainment levels, specially in terms of

completing secondary education and achieving graduate, post graduate

degree and professional courses.

(b) Economic backwardness is the highest barrier to education.

Insufficient education often invites poverty and vice-versa.

(c) The Maratha households below poverty line and having yellow

ration cards are 21.22 % while Open category households below poverty

line are 18.09 %. The percentage of Maratha households is more than

the State average (17.4%) shows that they are economically backward.

(d) From summary of tables in regard to representation of Marathas

in employment such as schools, Government (Mantralaya and field

offices), semi-Government departments such as Zilla Parishads,

Universities, etc. it is revealed that the Maratha class is inadequately

represented in all sectors of public employments and therefore, deserves

a special protection in terms of an adequate amount of reservation in

services.

(e) It is found that the non-creamy layer category is 84 % of Maratha

Community, which deserves appropriate protection in terms of adequate

reservation in employment and education as held in Indra Sawhney

case.

(f) As is seen from the statistics of the financial position of this

vulnerable Maratha Community, the same is very low even in comparison

with Open category, non-creamy layer class and therefore, deserves a

special protection.

(g) The Commission having observed through statistical empirical

data collated in addition to quantifiable data has reached to a conclusion

that vulnerable Maratha class has suffered abject poverty for decade

together on account of its primary source of income being agriculture

and same being depleted every passing year. The Community has been

largely dependent on type of work performed by labourers, mathadi

kamgar, hamal, peon, sweepers, helpers, household job workers, daba

walas, drivers, security guards, etc. The low class work being done by

the community and therefore, look down upon by the society as forming

class of lower strata, ignorant and neglected one.

(h) The percentage of data of farmers’ suicide reveal that amongst

such suicides 94% of these persons are from Maratha Community.

(i) The Maratha Community’s economic fortune have since been

marked by dwindling returns from agriculture, fragmentation of land

holdings, loss of traditional dignity associated with agriculture, lack of

attention to educational training of youths, etc.

(j) The Maratha class of its illiteracy and lack of higher education

could not make in-roads into respectable jobs, employments which would

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13

fetch them from some standing in the society. The primary reasons of

miniscule percentage of community found in higher avenues of education

such as graduate, post graduate and/or professional courses in result of

non-availability of entry sources.

(k) The statistics of percentage of population drawn that such large

number of population has remained to be inadequately represented in

employment, services and in avenues of education. This has led to a

substantial section of the community being left behind and drawn out of

mainstream of national life.

(l) More than two decades as revealed from the empirical data and

quantifiable data that the vulnerable Maratha Community is left

completely out of the mainstream. The Maratha class is completely left

out of the mainstream not only in purely economic sense of backwardness

but equally on the aspect of social and educational backwardness.

(m) Keeping in mind the principle of adequacy of representation,

Maratha class needs to be provided with such reasonable percentage of

reservation in public employment, which would be just, fair and

reasonable by exercising powers conferred under article 16(4) of the

Constitution of India. Likewise, in order to eradicate educational

backwardness of deprived Maratha class, a reasonable percentage of

seats needs to be allotted by exercising powers conferred under article

15(4) of the Constitution of India.

(n) The data collected and analysed by the Commission compels to

draw the inference that there is no need of community to be provided

with reservation in political field as it is adequately represented qua

its numerical strength in the State. This aspect would impel the

Commission to make recommendation for a separate category to be

carved out for the vulnerable Maratha Community for reservation only

in educational and public employment field.

(o) The Commission has examined cases and instances of reservation

prevailing in different parts of country where many of the States have

exceeded the benchmark of 50%. The State of Bihar has enacted the

Bihar Reservation of Vacancies of Posts and Services (for Scheduled

Castes, Scheduled Tribes and Other Backward Classes) (Amendment)

Act, 2023, the State of Bihar felt it necessary to make suitable

classification so as to accommodate extremely backward amongst the

backward classes. The State of Tamil Nadu has enacted the Tamil Nadu

Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation

of Seats in Educational Institutions and of appointments of Posts in the

Services under the State) Act, 1993 under which 69% of reservation is

provided. Such instances of exceeding 50% reservation have been

examined by the Commission carefully and is of the opinion that if there

exist any peculiar, unique and distinctive circumstances and situations

to make necessary provision, the benchmark of 50% can be exceeded

with. Such reservation in excess of 50% would stand to rationale of the

test of reasonableness and/or intelligible differentia under article 14 of

the Constitution of India.

(p) The Commission having found that the vulnerable Maratha

Community is such a deprived class that it needs to be classified

distinctly than the existing backward classes. Considering that, a very

peculiar, unique and unusual situation exists in State as a result of the

¦ÉÉMÉ {ÉÉSÉ-+ö--1—3+

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extraordinary backwardness of Maratha class being left unattended for

decades together, the same needs immediate attention and resolution.

(q) The Commission finds that population of Maratha class is 28 %

of the total State population. There is already a substantial number of

castes and groups placed in reserved category getting about 52 %

reservation altogether. It would, therefore, be completely inequitable

to place such Maratha class of 28 % in the State in the said OBC category.

The backwardness of Maratha class is distinct and different from

backward classes and more particularly OBC in the sense that it is more

pervasive in terms of its coverage, it is differed in its penetration and

further regressive in its character. The Commission hereby finds that,

with the Constitutional amendments as it stands under article 342A

read alongwith article 366 (26C), it is the class which needs to be placed

in the socially and educationally backward class and in a category which

is distinct and different from the existing other reserved categories.

(r) The Commission feels that because of the aforementioned

distinctive features and trappings of the vulnerable Maratha class being

far more backward amongst the backward class and/or the open class,

the classification so made to provide reservation would not be

unreasonable and/or arbitrary. On the contrary, any remedial measure

of providing reasonably adequate extent of reservation to such class

would be in conformity with the obligation of the State of an affirmative

action by mode of permissible protective discrimination under articles

14, 15 and 16 read alongwith Directive Principles of the Constitution of

India, in the interest of the principle of equity, equality and social justice.

(s) The reservation for vulnerable Maratha Community is the need

of the hour and necessary, not only for making available to it a platform

which it can use for its social and educational advancement but also to

prevent its future generations from slipping below the present level. If

not done so on an urgent basis, the community would denigrate even

further leading to complete societal imbalance, social exclusion,

increasing of inequities and instances of social injustice.

(t) The analysis of data shows that the community fared substantially

well on all such criteria of social backwardness. The occupational

identification of this community is considered as secondary and / or

uncountable in the social hierarchy in the State.

(u) The report clearly demonstrate that the Maratha class is

insufficiently and inadequately represented in public services as well

as in education and therefore is entitled for reservation in the light of

exceptional circumstances and extraordinary situations.

10. The Commission in its wisdom upon consideration of wide-spread

data that has been collected from nook and corner of the State and from all

possible resources of scientific survey, quantifiable and empirical data, books,

writings, opinions, suggestions, consultations and even the disagreements,

has made conscious decision to make recommendations as under,—

(i) Maratha Community is recommended to be declared a class of

socially, educationally and economically backward citizens of the State,

which is inadequately represented in public employment and education;

(ii) There is a need for the State to notify Maratha Community as

socially and educationally backward class under Article 342A r/w Article

366(26C) of the Constitution of India;

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15

(iii) The vulnerable Maratha community needs a separate

denomination of percentage, distinct and separate from existing

reserved categories;

(iv) The State Government may decide upon the adequate

percentage of reservation to be given to the vulnerable Maratha

community taking into consideration the extent of percentage of

backward Maratha community;

(v) It would be just and fair to provide such adequate percentage of

reservation in employment as an obligation of the State under Article

16(4) of the Constitution of India and such fair, just and reasonable

percentage in education as an obligation under Article 15(4) of the

Constitution of India as the State in its wisdom may deem fit and proper

as to usher in the light of upward mobility and as a step in a right

direction to uplift the said class from the recess of its social, educational

and economical backwardness so as to bring it in the mainstream of

social life;

(vi) The State may in its wisdom take such periodical review after

every 10 years of benefits of such reservation availed of by the vulnerable

Maratha community and upon assessment of percentage of such

community having been brought into mainstream of social life, may in

its wisdom modify such percentage.

11. The Government of Maharashtra has carefully considered the report,

conclusions, findings and recommendations of the Commission and accepted

the same. On the basis of the exhaustive study by the Commission on various

aspects regarding the Maratha Community, the empirical, quantifiable and

contemporary data, facts and statistics set out therein, the Government is of

the opinion that,-

(a) the Maratha Community is a Socially and Educationally

Backward Class and shall be specified as such under article 342A(3) of

the Constitution of India and to provide reservation for that class under

articles 15(4), 15(5) and 16(4) of the Constitution;

(b) exceptional circumstances and extraordinary situations exists

as stated by the Commission which warrants granting reservation to

Maratha Community in excess of 50 per cent. reservation of seats for

admissions in educational institutions and reservation in public services

and posts;

(c) it is necessary and expedient to provide for ten per cent. of

reservation in public services and ten per cent. of reservation in

admissions in educational institutions to Maratha Community ;

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

reservation for the advancement of Socially and Educationally Backward

Classes, in public services and for admission in educational institutions

other than the minority educational institutions referred to in clause

(1) of article 30 of the Constitution of India.

12. Clause (3) of article 342A of the Constitution of India empowers the

State to make a law to prepare and maintain a list of Socially and

Educationally Backward Classes for the purposes of the State. The State

may by law provide for reservation to such classes in educational institutions

and public services under articles 15(4), 15(5) and 16(4) of the Constitution

of India.

16

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13. In view of above, the Government of Maharashtra, considers it

expedient to enact a new law to specify the Maratha Community as the

Socially and Educationally Backward Class in relation to the State of

Maharashtra and to provide for reservation of seats for admissions in

educational institutions in the State and for reservation of posts for

appointments in public services and posts under the State to such Socially

and Educationally Backward Class for their advancement and for matters

connected therewith or incidental thereto.

14. The Bill seeks to achieve the above objectives.

Mumbai,

EKNATH SHINDE,

Dated the 20th February, 2024.

Chief Minister.

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17

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative

power, namely :—

Clause 7.—(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 17(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 19(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.

2. The above-mentioned proposals for delegation of legislative power

are of normal character.

Vidhan Bhavan :

JITENDRA BHOLE,

Mumbai,

Secretary (1) (I/C),

Dated : 20th February, 2024.

Maharashtra Legislative Assembly.

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

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