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1

RNI  No. MAHENG /2009/35528

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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra 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 (Amendment) Act, 2018 (Mah. Act No.XLVI of 2018),
is hereby published under the authority of the Governor.

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

RAJENDRA G. BHAGWAT,
I/c. Secretary (Legislation) to Government,
Law and Judiciary Department.

————————

MAHARASHTRA  ACT  NO.XLVI  OF  2018

(First published, after having received the assent of the Governor in the
“Maharashtra Government Gazette ”, on the 27th July 2018.)

An Act to amend 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.

WHEREAS both Houses of the State Legislature were not in session;

AND  WHEREAS  the  Governor  of  Maharashtra  was  satisfied  that
circumstances  existed  which  rendered  it  necessary  for  him  to  take  immediate
action to amend the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified
Tribes  (Vimukta  Jatis),  Nomadic  Tribes,  Other  Backward  Classes  and  Special

Mah.
XXIII  of
2001.

¦ÉÉMÉ +É`ö------120-1

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Backward Category (Regulation of Issuance and Verification of) Caste Certificate
Act, 2000, for the purposes hereinafter appearing; and therefore, promulgated 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  (Amendment)
Ordinance, 2018 on the 24th June 2018 ;

Mah.
Ord.
XVII  of
2018.

AND WHEREAS, it is expedient to replace the said Ordinance by an Act
of the State Legislature ; it is hereby enacted in the Sixty-ninth Year of the Republic
of India as follows :—

Short title  and
commencement.

1. (1) This Act may be called 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 (Amendment) Act, 2018.

(2) It shall be deemed to have come into force on the 24th June 2018.

Insertion of a
new  section
4A  in  Mah.
XXIII of 2001.

2. After section 4 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 (hereinafter referred to as “the principal Act”), the following
section shall be inserted, namely :–

Mah.
XXIII  of
2001.

Temporary
provisions  for
admission  in
certain
professional
courses  for
academic
year
2018-2019.

“4A. (1) The provisions of this section shall apply in respect of admission

to the professional courses for the academic year 2018-2019.

(2) Notwithstanding anything contained in this Act, a person possessing
a Caste Certificate and who has applied for or on whose behalf an application
is made by the educational institution for verification of Caste Certificate and
issue  of  validity  certificate,  and  the  same  is  pending  before  the  Scrutiny
Committee shall be eligible for participating in the admission process on the
basis of Caste Certificate, subject to the following  conditions, namely :—

(i) he shall produce a proof to the effect that he has made an application
for issue of validity certificate to the Scrutiny Committee or that such
application has been made on his behalf to the Scrutiny Committee;

(ii) he shall produce his validity certificate to the admission authorities
on  or  before  such  date  as  may  be  specified  by  the  Admissions
Regulating Authority in consultation with the State Government:

Provided that, the date referred to in clause (ii) shall be before the date
of closure of admission process in respect of the admission to the concerned
professional course for the academic year 2018-2019.

(3)  Upon  failure  to  produce  validity  certificate  on  or  before  such  date
specified by the Admissions Regulating Authority under sub-section (2), the
provisional admission secured, if any, against reserved seat, shall be deemed
to be cancelled.

(4) Nothing  in  sub-section (3)  shall  be  construed  as  preventing  the
relevant  authority for considering such person eligible  for admission to the
professional course, from the open category in accordance with the law for
the time being in force.

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Explanation.—For the purposes of this section, the term,–

Mah.
XXVIII
of
2015.

(i)

(ii)

“admission  process”  means  the      admission  process  for  the
professional  courses;

“professional course” means the educational course of study
notified  as  professional  course  under  the  provisions  of  the
Maharashtra  Unaided  Private  Professional  Educational
Institutions (Regulation of Admissions and Fees) Act, 2015 or
any other law for the time being in force;

(iii)

“Admissions  Regulating  Authority”  means  the  Authority
constituted by the Government under the provisions of the said
Act of 2015.”.

Mah.
Ord.
XVII  of
2018.

3. (1)  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
(Amendment) Ordinance, 2018, is hereby repealed.

Repeal  of
Mah. Ord. XVII
of  2018  and
saving.

(2) Notwithstanding  such  repeal,  anything  done  or  any  action  taken
(including any notification or order issued) under the corresponding provisions of
the principal Act, as amended by the said Ordinance, shall be deemed to have
been  done,  taken  or  issued,  as  the  case  may  be,  under  the    corresponding
provisions of the principal Act, as amended by this Act.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR SHRI MANOHAR SHANKAR
GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT
DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004.
EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.

