LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, October 9, 2015
No. F. 2 (47) Vidhi/2/2015.- In pursuance of Clause (3) of Article
348 of the Constitution of India, the Governor is pleased to
authorise the publication in the Rajasthan Gazettee of the following
translation in the English language of Rajasthan Vishesh Pichhada
Varg (Rajya ki Shaikshik Sansthaon Mein Seeton Aur Rajya ke
Adheen Sevaon Mein Niyuktiyon Aur padon ka Aarakshan)
Adhiniyam, 2015 (2015 ka Adhiniyam Sankhyank 32):-
(Authorised English Translation)
THE RAJASTHAN SPECIAL BACKWARD CLASSES
(RESERVATION OF SEATS IN EDUCATIONAL
INSTITUTIONS IN THE STATE AND OF APPOINTMENTS
AND POSTS IN SERVICES UNDER THE STATE)
Act, 2015
(Act No. 32 of 2015)
(Received the assent of the Governor on the 7th day of September, 2015)
An
Act
to provide for the reservation of seats in educational institutions in
the State and of appointments and posts in the services under the
State in favour of the Special Backward Classes for their
advancement, upliftment and for matters connected therewith or
incidental thereto.
WHEREAS, the policy of reservation for the social,
economic and educational advancement of the people belonging to
Backward Classes of Citizens in admissions to educational
institutions in the State and for reservation of appointments and
posts in the services under the State has been under implementation
in the State of Rajasthan for a long time;
AND WHEREAS, a large percentage of the population of
Rajasthan suffering from social and educational backwardness for
many years have started enjoying the fruits of the reservation
policy and have been able to improve their lot and attain a higher
standard of living;
AND WHEREAS, in the opinion of the State Government,
certain backward classes viz., the Banjara/Baldiya/Labana, Gadiya
Lohar/Gadoliya, Gujar/Gurjar, Raika/Rebari/Debasi, Gadariya/
Gadri/Gayari need special treatment in view of their being
extremely backward -educationally and socially;
AND WHEREAS, Clause (4) of Article 15 of the
Constitution of India enables the State to make any Special
provisions for the advancement of any socially and educationally
Backward Classes of citizens;
AND WHEREAS, Clause (4) of Article 16 of the
Constitution of India enables the State to make any provision for
the reservation of appointments or posts in favour of any Backward
Classes of citizens which, in the opinion of the State is not
adequately represented in the services under the State;
AND WHEREAS, in the opinion of the State Government
the Special Backward Classes, who constitute alarge part of the
total population of the State, are not adequately represented in the
services under the State in proportion to their population in the
State of Rajasthan;
AND WHEREAS, the State Government has, after careful
consideration and looking to the extraordinary situation in the
State, taken a policy decision that the existing level of reservation
in admissions to educational institutions in the State and in
appointments and posts in the services under the State, for persons
belonging to the Scheduled Castes, Scheduled Tribes and Other
Backward Classes should be continued and the extremely
backward classes like the Banjara/Baldiya/Labana, Gadiya
Lohar/Gadoliya, Gujar/Gurjar, Raika/ Rebari/Debasi, Gadariya/
Gadri/Gayari should be provided five percent reservation
separately as Special Backward Classes, beyond the existing
provisions of reservation, for ensuring the advancement of the
aforesaid people of the State of Rajasthan.
NOW, therefore, be it enacted by the Rajasthan State
Legislature in the Sixty-sixth Year of the Republic of India, as
follows:-
1. Short title, extent and commencement.-(1) This Act
may be called the Rajasthan Special Backward Classes
(Reservation of Seats in Educational Institutions in the State and of
Appointments and Posts in Services under the State) Act, 2015.
(2) It shall extend to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint.
2. Definitions.-In this Act, unless the context otherwise
requires,-
(a) "creamy layer" means such class of persons within the
Special Backward Classes, as the State Government may
notify, in the Official Gazette for the purposes of this
Act ;
(b) "prescribed" means prescribed by rules made under this
Act ;
(c) "services under the State" means the public services and
posts in connection with the affairs of the State and
includes the services and posts in-
(i) any local authority;
(ii) any corporation or company owned or controlled,
wholly or substantially, by the State Government;
(iii) any other authority or body constituted by or under
an Act of the State Legislature and funded, wholly or
substantially, by the State; and
(iv) 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 (iii);
(d) "Special Backward Classes" means the following
castes/classes, namely:-1. Banjara/Baldiya/Labana 2.
Gadiya Lohar/Gadoliya 3. Gujar/Gurjar 4.Raika/
Rebari/ Debasi 5. Gadariya/Gadri/Gayari.
3. Reservation of seats in educational institutions in the
State.-(1) The reservation in respect of the annual permitted
strength for admission into such educational institutions and
courses in the State, as may be prescribed, for Special Backward
Classes shall be five percent.
(2) Notwithstanding anything contained in sub-section (1),
persons belonging to creamy layer shall not be eligible for
consideration against the reserved quota of seats in any educational
institution in the State.
4. Reservation of appointments and posts in the services
under the State.- (1) The reservation of appointments and posts in
the services under the State for the Special Backward Classes shall
be five percent.
(2) Notwithstanding anything contained in sub-section (1),
persons belonging to creamy layer shall not be eligible for
consideration against the reserved quota in the appointments and
posts under the State.
5. No reservation in certain cases.- Notwithstanding
anything contained in section 4, there shall be no reservation in
respect of the following posts, namely:-
(a) the posts to be filled by transfer or deputation; and
(b) the post which is single (isolated) in any cadre or grade.
6. Power to make rules.- (1) The State Government may
make rules for carrying out the purposes of this Act.
(2) All rules made under this section shall be laid, as soon as
may be after they are so made, before the House of the State
Legislature, while it is in session, for a period of not less than
fourteen days, which may comprise in one session or in two
successive sessions and, if before the expiry of the sessions in
which they are so laid or of the sessions immediately following, the
House of the State Legislature makes any modification in any of
such rules or resolves that any such rule should not be made, such
rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be, so however, that any modification or
annulment shall be without prejudice to the validity of anything
previously done thereunder.
7. Removal of difficulties.- (1) If any difficulty arises in
givingeffect to the provisions of this Act, the State Government
may, by an order, published in the Official Gazette, do anything
not inconsistent with the provisions of this Act, which appears to it
to be necessary or expedient for removing the difficulty :
Provided that no order under this section 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 so made, before the House of the State
Legislature.
8. Protection of action taken in good faith.-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.
9. Repeal and savings.-(1) The provisions of the Rajasthan
Scheduled Castes, Scheduled Tribes, Backward Classes, Special
Backward Classes and Economically Backward Classes
(Reservation of Seats in Educational Institutions in the State and of
Appointments and Posts in Services under the State) Act, 2008
(Act No. 12 of 2009), in so far as they relate to the reservation of
Special Backward Classes, shall, from the date of commencement
of this Act, stand repealed.
(2) Without prejudice to the provisions of the Rajasthan
General Clauses Act, 1955 (Act No. 8 of 1955), all rules, orders,
circulars etc. made or, as the case may be, issued before the
commencement of this Act by the State Government in relation to
reservation of seats in educational institutions and of appointments
and posts in the services under the State for the Special Backward
Classes shall, in so far as they relate to matters for which provision
is made in this Act and are not inconsistent therewith, be deemed to
have been made or, as the case may be, issued under this Act, as if
this Act had been in force on the date on which such rules, orders,
circulars etc. were made or, as the case may be, issued and shall
continue in force unless and until they aresuperseded by any rule
made under this Act.
(3) Nothing in this Act shall be deemed to have affected any
orders made by the Governor in exercise of his powers under the
Fifth Schedule of the Constitution of India in respect of the
Scheduled Areas.
sd
Principal Secretary to the Government.