[2004 : Mah. VIII

GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT NO. VIII OF 2004

THE  MAHARASHTRA  STATE  PUBLIC  SERVICES
(RESERVATION  FOR  SCHEDULED  CASTES,
SCHEDULED  TRIBES,  DENOTIFIED  TRIBES  (VIMUKTA
JATIS),  NOMADIC  TRIBES,  SPECIAL  BACKWARD
CATEGORY  AND  OTHER  BACKWARD CLASSES)  ACT,
2001.

(As  modified  upto  the  29th  October  2012)

*

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  CENTRAL  PRESS,  MUMBAI
AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING,  STATIONERY  AND
PUBLICATIONS,  MAHARASHTRA  STATE,  MUMBAI  400  004

2012

[Price  : Rs.  7.00]

2004 : Mah. VIII]
2004 : Mah. VIII]

(i)

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.

CONTENTS

PREAMBLE.

SECTIONS.

1. Short title, extent and commencement.

2. Definitions.

3. Applicability.

4. Reservation and percentage.

5. Reservation in promotion.

6. Carrying forward of reserved vacancies.

7. Responsibility and powers of compliance of Act.

8. Penalty.

9. Powers to call for records.

10. Representation in selection committee.

11. Irregular appointments void.

12. Protection of action taken in good faith.

13. Power to make rules.

14. Provisions of this Act to be in addition to any other law for the

time being in force.

15. Savings.

16. Power to remove difficulties.

H 779—1

2004 : Mah. VIII]

MAHARASHTRA ACT No. VIII OF 20041.

[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.  ]

(This Act received the assent of the Governor on the 20th January
2004 ; assent was first published in the Maharashtra Government Gazette,
Part IV, on the 22nd January 2004.)

An  Act  to  provide  for  the  reservation  of  vacancies  in  a
public services and posts in favour of the persons belonging to
the  Scheduled  Castes,  Scheduled  Tribes,  De-notifed  Tribes
(Vimukta Jatis), Nomadic Tribes, Special Backward Category
and  Other  Backward  Classes  of  Citizens  and  for  matters
connected therewith or incidental thereto.

WHEREAS it is expendient to provide for the reservation of vacancies
in public services and posts in favour of the persons belonging to the
Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis),
Nomadic Tribes, Special Backward Category and Other Backward Classes
of Citizens and for matters connected therewith or incidental thereto ;
it is hereby enacted in the Fifty-second Year of the Republic of India as
follows :—

1.

(1) This Act may be called 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.

Short  title,
extent  and
commence-
ment.

(2) It shall extend to the whole of the State of Maharashtra.

(3) It shall come into force on such* date as the State Government

may, by notification in the Official Gazette, appoint.

2.

In this Act, unless the context otherwise requires,—

Definitions.

(a) " appointing authority" in relation to public services and posts
means  the  authority  empowered  to  make  appointment  to  such
services or posts ;

(b) " De-notifed Tribes (Vimukta Jatis) " means the Tribes declared

as such by the Government from time to time ;

(c) " establishment" means any office of the Government or of a
local authority or statutory authority constituted under any Act of
the State Legislature for the time being in force, or a University or a
Company, a Corporation  or a Co-operative Society  in which share
capital  is  held  by  the  Government  or  any  Government  aided
Institutions.

1  For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government

Gazette, dated the 20th July 2001, Extra-ordinary, Part V, page 326.

* 29th January 2004 vide G.N., General Administration Department, No.

BCC.-2001/107/C.R. No. 64/2001/16-B, dated the 29th January 2004.

(GCP)  H  779—2  (4,742—10-2012

2

Maharashtra State Public Services (Reservation for

[2004 : Mah. VIII

 Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis),
Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001

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 Government,
or is recognised, licenced, supervised or controlled by Government ;

(d) " Government" means the Government of Maharashtra ;

(e) “ Group ' A', ' B ', ' C ' or ' D' ” means the posts falling within the
Group  '  A',  '  B',  '  C  '  or  '  D  ',  as  the  case  may  be,  as  classified  by
Government by issuing general or special orders issued in this behalf,
from time to time ;

(f) " Nomadic Tribes " means the Tribes wandering from place to
place in search of their livelihood as declared by Government from
time to time ;

(g) " Other Backward Classes" means any socially and educationally
backward  classes  of  citizens  as  declared  by  the  Government  and
includes  Other  Backward  Classes  declared  by  the  Government  of
India in relation to the State of Maharashtra ;

(h)  " prescribed "  means  prescribed  by  rules  framed  by  the

Government under this Act ;

(i)  " 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 established under the Maharashtra
Co-operative  Societies  Act,  1960,  in  which  Government  is  a
shareholder.

(iii) a Board or a Corporation or a statutory body established by
or under a Central or a State Act which is owned and controlled by
the Government or a Government Companies as defined in section
617 of the Companies Act, 1956 ;

Mah.
XXIV
o f
1961.

1 of
1956.

(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 ;

(v) any establishment ; and

(vi) 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 (v) ;

2004 : Mah. VIII]

Maharashtra State Public Services (Reservation for

3

 Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes, Special Backward Category and Other Backward Classes) Act, 2001

(j) " recruitment year" means the English calendar year during

which the recruitment is actually made ;

(k) "reservation" means the reservation of post in the services for
the  members  of  Scheduled  Castes,  Scheduled  Tribes,  De-notified
Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category
and Other Backward Classes;

(l)  " Scheduled Castes "  and " Scheduled Tribes "  shall have the
meanings, respectively assigned to them in the clauses (24) and (25)
of Article 366 of the Constitution of India ;

(m) " Special Backward Category" means socially and educationally
backward classes of citizens declared as a Special Backward Category
by the Government.

3.

(1) This Act shall apply to all the appointments made in  public

Applicability.

services and posts except,—

(a) the  super  specialised  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 posts which is single (isolated) in any cadre or grade.

(2)  The  State  Government  shall,  while  entering  into  or  renewing
an  agreement  with  any  establishment  for  the  grant  of  any  aid  as
provided  in  the  explanation  to  clause  (c)  of  section  2,  incorporate
a  condition  for  compliance  with  the  provisions  of  this  Act,  by
such establishment.

4.

(1)  Unless  otherwise  provided  by  or  under  this  Act,  the  posts
reserved  for  the  Scheduled  Castes,  Scheduled  Tribes,  De-notified
Tribes  (Vimukta Jatis), Nomadic Tribes, Special Backward Category
and Other Backward Classes shall not be filled in by the candidates
not  belonging  to  that  caste,  tribe,  category  or  class  for  which  the
posts are reserved.

(2) Subject to other provisions of this Act, there shall be posts reserved
for the persons belonging to the Scheduled Castes, Scheduled Tribes,
De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward
Category and Other Backward Classes, at the stage of direct recruitment

H 779—2a

Reservation
and
percentage.

4
 Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes, Special Backward Category and Other Backward Classes) Act, 2001

Maharashtra State Public Services (Reservation for

[2004 : Mah. VIII

in public services and posts specified under clause (j) of section 2, as
provided below :—

Description of Caste/Tribe/
Category/Class

Percentage of vacancies
or seats to be reserved

(1) Scheduled Castes

(2) Scheduled Tribes

(3) De-notified Tribes (A)

(4) Nomadic Tribes (B)

(5) Nomadic Tribes (C)

(6) Nomadic Tribes (D)

(7) Special Backward Category

(8) Other Backward Classes

. .

. .

. .

. .

. .

. .

. .

. .

13 per cent.

7 per cent.

3 per cent.

2.5 per cent.

3.5 per cent.

2 per cent.

2 per cent.

19 per cent.

Total . .

52 per cent :

Provided that, Government may, by an order in the Official Gazette,
provide  that  the  percentage  of  reservation  for  Scheduled  Castes,
Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes,
Special Backward Categories and Other Backward Classes, in all posts,
shall be on the basis of latest census record of population of the,—

(i) State, in the case of State cadre posts, and

(ii) concerned district, in the case of district cadre posts :

Provided  further  that,  the  principle  of  "  Creamy  Layer"  shall  be
applicable to all categories mentioned above except Scheduled Castes
and Scheduled Tribes.

Explanation I.—For the purposes of this sub-section, the expressions
" De-notified Tribes (A) ", " Nomadic Tribes (B)", " Nomadic Tribes (C) "
and " Nomadic Tribes (D)" shall mean such Tribes or sub-Tribes, declared
by Government, by general or special orders issued in this behalf, from
time to time, to be "the De-notified Tribes (A)", "Nomadic Tribes (B)",
" Nomadic Tribes (C)" and " Nomadic Tribes (D)".

Explanation II.—For the purposes of this sub-section, the expression
" Creamy Layer" means the persons falling in the category of " Creamy
Layer" as declared by Government in the Social Justice, Cultural Affairs
and Sports Department by general or special orders issued in this behalf,
from time to time :

2004 : Mah. VIII]

Maharashtra State Public Services (Reservation for

5

 Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes, Special Backward Category and Other Backward Classes) Act, 2001

Provided also that, if on the date of coming into force of this Act, if
any additional reservation is in force for the Scheduled Tribes in Thane,
Nashik,  Dhule,  Nandurbar,  Raigad,  Yavatmal,  Chandrapur  and
Gadchiroli  districts  for direct  recruitment in  Groups  C  and D  posts,
under any Government orders, such reservation shall continue to be in
force till such orders are modified or revoked.

(3) The reservation specified for the categories mentioned at serial
numbers (3) to (6) (both inclusive) in the table under sub-section (2)
shall be inter transferable. If suitable candidates for the posts reserved
for any of the said categories are not available in the same recruitment
year, the posts shall be filled by appointing suitable candidates from
any of the other said categories.

(4) In all posts at the divisional level or district level the percentage
of  reservation  occurring  in  a  recruitment  year  in  such  categories
of Group-C and Group-D posts as may be notified by the Government
in  this  behalf,  shall  be  maintained  at  such  divisional  or  district
level only.

5.

(1)  The  reservation  in  promotion  shall  be  at  all  stages

of promotions.

Reservation
in  promotion.

(2) On the date of coming into force of this Act, if any Government
orders providing for reservation for any posts to be filled by promotion,
are in force, the same shall continue to be in force unless modified or
revoked, by Government.

6.

(1)  If  in  respect  of  any  recruitment  year,  any  vacancy
reserved  for  any  category  of  persons  under  sub-section  ( 2)  of
section 4 remains unfilled, such vacancy shall be carried forward upto
five  years  in  case  of  direct  recruitment  and  three  years  in  case  of
promotion :

Carrying
forward  of
reserved
vacancies.

Provided  that,  on  the  date  of  commencement  of  this  Act,  if  any
Government  order  regarding  filling  up  the  posts,  in  case  of  non
availability of Backward Class candidates are in force, such Government
orders  shall  continue  to  be  in  force  unless  modified  or  revoked,  by
Government.

(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 category 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 Government.

6
 Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes, Special Backward Category and Other Backward Classes) Act, 2001

Maharashtra State Public Services (Reservation for

[2004 : Mah. VIII

Responsibility
and  powers  of
compliance  of
Act.

7.

(1)  The  Government  may,  by  order  in  writing,  entrust
upon  every  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 appointing
authority  or  officer  referred  to  in  sub-section  (1),  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,
under sub-section (1).

8.  (1) Any  appointing  authority  or  officer  or  employee
entrusted  with  the  duty  or  responsibility  under  sub-section  (1)
of  section  7  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 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.

9. When it comes to the notice of the Government or is brought to
its notice, that, any person belonging to any of the  categories specified
in  sub-section  (2)  of  section  4  is  adversely  affected,  on  account
of  non-compliance  with  the  provisions  of  this  Act  or  the  rules
made  thereunder  or  the  Government  orders  in  this  behalf,  by  any
appointing  authority,  it  may  call  for  such  records  and  pass  such
appropriate order as deemed fit.

10.

(1) The Government may, by order, provide for nomination of
officers  belonging  to  Scheduled  Castes,  Scheduled  Tribes  and  Other
Backward  Classes  in  the  selections,  screening  and    departmental
promotion committee for the purpose of selecting  persons for appoint-
ment or promotions, as the case may be, to public services and posts.
(2) The Government may, by order, grant such concession in respect
of  fees  for  any  competitive  examination  or  such  other  similar
examinations or interviews, and relaxation in upper age limit as it may
be considered necessary in favour of the categories of persons specified
in sub-section (2) of section 4.

(3) The Government orders in force on the date of the commence-
ment  of  this  Act,  in  respect  of  concessions  and  relaxation  including
concession in fees for any competitive examinations or such other similar
examinations or interview and relaxation in the upper age limit shall
continue to be applicable, unless modified or revoked, by Government.
11. Any appointments made, in contravention of the  provisions of

this Act shall be void.

12. No suit, prosecution or other legal proceedings shall lie against
any authority or person for anything done or purported to have been
done in good faith in pursuance of the provisions of this Act or the rules
made thereunder.

Penalty.

Powers  to
call  for
records.

Representation
in  selection
committee.

Irregular
appointments
void.
Protection
of  action
taken  in
good  faith.

2004 : Mah. VIII]

7
 Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes, Special Backward Category and Other Backward Classes) Act, 2001

Maharashtra State Public Services (Reservation for

13.

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

make rules to carry out the purposes of this Act.

Power  to
make  rules.

(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  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 such decision in the Official Gazette, 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.

14. The  provisions  of  this  Act  shall  be  in  addition  to  and  not  in
derogation of the provisions contained in any other Act, for the time
being in force.

15. The  provisions  of  this  Act  shall  not  apply  to  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  Government  orders  as  they  stood  before  such
commencement.

Explanation.—For the purposes of this section, the selection process
shall be deemed to have been initiated where, under the relevant service
rules,—

(i) recruitment is to be made on the basis of written test or interview
only, and such written test or the interview, as the case may be, has
started, or

(ii) recruitment is to be made on the basis of both, the written test

and interview and such written test has started.

Provisions  of
this Act to be
in addition to
any  other  law
for  the  time
being  in  force.

Savings.

16.

(1) If any difficulty arises in giving effect to the  provisions of
this Act, the Government may, on occasion  arises, by an order published
in the Official Gazette, do  anything not inconsistent with the provisions
of this Act, which appears to it to be necessary or expedient for removing
the difficulty :

Power to
remove
difficulties.

Provided  that,  no  such  order  shall  be  made  after  the  expiry  of  a

period of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may

be, after it is made, before each House of the State Legislature.

————————

2004 : Mah. VIII]

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA  STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 23632693, 23630695,
23631148, 23634049

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 020 - 26125808, 26124759

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 0712 - 2562615

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS

