¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
´É¹ÉÇ 10, +ÆEò 6]
¨ÉÆMɳý´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒõ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
[{ÉÞ¹`äö 17, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00
+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 19
|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ
¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ
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 for Socially and Educationally Backward Classes
Bill, 2024 (L. A. Bill No. I of 2024), introduced in the Maharashtra Legislative Assembly on the
20th February 2024, is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
Secretary (Legislation) to Government,
Law and Judiciary Department.
––––––––––––
RNI No. MAHENG/2009/35528
¦ÉÉMÉ +É`ö-19--1
2
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
.
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.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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 +É`ö-19--1+
4
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
(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.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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 +É`ö--19-2
10
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
(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;
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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 +É`ö--19-3
12
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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 +É`ö--19-3+
14
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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;
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 20, 2024/¡òɱMÉÖxÉ 1, ¶ÉEäò 1945
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.
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.