Maharashtra act 030 of 2006 : 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.

Section 1.Short title, extent and commencement.

(1) This Act may be called 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.

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

(3) It shall be deemed to have come into force on the 16th June 2006.

Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(a) "Aided Private Professional Educational Institution" means a Private Professional Educational Institution, excluding a Minority Educational Institution referred to in clause (1) of article 30 of the Constitution, receiving recurring financial aid or assistance in whole or in part from the Government, or from any body under the control of the Government ;

(b) "Appropriate Authority" means, the Medical Council of India, the Dental Council of India, the Central Council of Indian Medicine, the All India Council of Technical Education, and includes any other authority established by law that governs or controls the conduct of a particular professional course or educational discipline;

(c) "Creamy Layer" means the category of 'Creamy Layer' as declared by the Social Justice, Cultural Affairs and Special Assistance Department of the Government, on the basis of income, by general or special orders, issued from time to time ;

(d) "De-notified Tribes (Vimukta Jatis)" means the Tribes declared as such by the Government, from time to time ;

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

(f) "Minority Educational Institution" means a Private Professional Educational Institution administered, managed and controlled by a minority and shall include any such educational institution declared by the Government to be an institution entitled to enjoy the protection granted under clause (1) of article 30 of the Constitution ;

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

(h) "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;

(i) "Private Professional Educational Institution" means any college, School, Institute, Institution or other body, by whatever name called, conducting any professional course or courses approved or recognized by the Appropriate Authority and affiliated to any University, but shall not include any such institution established, maintained or administered by the Central Government, any State Government, any local authority or institution declared to be Deemed University under section 3 of the University Grants Commission Act, 1956 (3 of 1956) ;

(j) "Professional Course" means any educational course of study notified as such, from time to time, by the Government in the Official Gazette ;

(k) "prescribed" means prescribed by the rules framed by the Government under this Act ;

(l) "Reserved Category" means the category of candidates belonging to-

(i) the Scheduled Castes and the Scheduled Tribes;

(ii) the De-notified Tribes (Vimukta Jatis), Nomadic Tribes, and Other Backward Classes and who are not falling in Creamy Layer ;

(iii) "Sanctioned Intake" means the total number of seats sanctioned or approved by the Appropriate Authority for admitting candidates in a single academic year in each Professional course of study or discipline in a private Professional Educational Institution ;

(n) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in clauses (24) and (25) of article 366 of the constitution ;

(o) "Unaided Private Professional Educational Institution" means a Private Professional Educational Institution, not being an Aided Private Professional Educational Institution ;

(p) "University" means the Maharashtra University of Health Sciences constituted under the Maharashtra University of Health Sciences Act, 1998 (Mah. X of 1999), or any other University constituted or deemed to have been constituted under the Maharashtra Universities Act, 1994 (Mah. XXXV of 1994), but does not include any institution declared to be Deemed University under section 3 of the University Grants Commission Act, 1956 (3 of 1956).

Section 3.Applicability.

This Act shall apply to all private Professional Educational Institutions in the State, excluding the Minority Educational Institutions.

Section 4.Reservation in Aided Private Professional Educational Institutions.

(1) In every Aided Private Professional Educational Institution, seats equal to fifty per cent. of the Sanctioned Intake of each Professional Course shall be reserved for candidates belonging to the Reserved Category.

(2) The Seats reserved for candidates belonging to the Reserved Category under sub-section (1) shall be filled in by admitting candidates belonging to the Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes, respectively, in the proportion specified in the Table below:-

TABLE


Description of Caste/Tribe/ Category/Class of Reserved Category	Percentage of reservation
(1) Scheduled Castes and Schedule Castes converts to Buddhism	13%
(2) Scheduled Tribes	7%
(3) De-notified Tribes (A)	3%
(4) Nomadic Tribes (B)	2.5%
(5) Nomadic Tribes (C)	3.5%
(6) Nomadic Tribes (D)	2%
(7) Other Backward Classes	19%
Total..	50%

Note.- The candidates belonging to the Special Backward Category shall be considered from and out of their respective original/parent Reserved Category such as Other Backward Classes :

Provided that, if candidates belonging to the Scheduled Castes, Scheduled Tribes, De-notified Tribes (A), Nomadic Tribes (B), Nomadic Tribes (C), Nomadic Tribes (D) or Other Backward Classes are not available to fill in the seats reserved for the said Castes, Tribes or Classes, in the same academic year, the seats shall be filled in, in such manner as may be specified, by Government by issuing an Order in the Official Gazette, from time to time.

Explanation.- For the purposes of this section,-

(i) "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)" ;

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

Section 5.Reservation in Unaided Private Professional Educational Institutions.

(1) In every Unaided Private Professional Educational Institutions, the seats to be reserved for candidates belonging to the Reserved Category shall be such as may be notified by the Government from time to time in the Official Gazette, but shall not exceed fifty per cent. of the Sanctioned Intake of any particular Professional Course.

(2) Out of the seats reserved under sub-section (1) for the candidates belonging to the Reserved Category, the seats to be filled in by admitting candidates belonging to the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes, respectively, shall be in the same inter se proportion, and in the manner, specified in sub-section (2) of section 4.

Section 6.Irregular admissions void.

Any admission made in contravention of the provisions of this Act shall be void.

Section 7.Penalty.

Whoever contravenes the Provisions of this Act or the rules made thereunder shall, on conviction, be punished with an imprisonment which may extend to three years and with a fine which shall not be less than twenty lakh rupees but which may extend to one crore rupees.

Section 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.

Section 9.Power to make rules.

(1) The 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 sessions immediately following, both Houses agree in making any modification in the 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.

Section 10.Provisions of the Act to be in addition to any other law.

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

Section 11.Provisions not to prohibit Minority Educational Institutions from making reservations.

Notwithstanding anything contained in any other provisions of this Act, any Minority Educational Institution, whether aided or not, may provide for reservation in admissions to Professional Courses for candidates belonging to the Reserved Category.

Section 12.Power to remove difficulty.

(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 removing the difficulty ;

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.

Section 13.Repeal of Mah. Ord. V of 2006 and saving.

(1) The Maharashtra Private Professional Educational Institutions (Reservation of seats for admission for Scheduled Casts, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes) Ordinance, 2006 (Mah. Ord. V of 2006), is hereby repealed.

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