Maharashtra act 017 of 2022 : The Maharashtra Educational Institutions (Reservation in Teachers’ Cadre) Act, 2021.

Section 1.Short title and commencement.

(1) This Act may be called the Maharashtra Educational Institutions (Reservation in Teachers’ Cadre) Act, 2021.

(2) It shall come into force on such date¹ as the State Government may, by notification in the Official Gazette, appoint.

1 This Act came into force on the 1st April 2022, vide G.N.G.A.D., No. BCC 2021/CR 858/ 16-B, dated 1st April 2022, Maharashtra Government Gazette, Extraordinary No. 102, Part IV-B, dated 1st April 2022.

Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(a) "branch of study" means a branch of study leading to four principal levels of qualifications at diploma, bachelors (under graduate), masters (post graduate) and doctoral (Ph.D.) levels;

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

(c) "direct recruitment" means the process of appointing faculty by inviting applications against public advertisement from persons eligible to teach in an Educational Institution;

(d) "Economically Weaker Sections" means such weaker sections as are referred to in Explanation to clause (6) of article 15 of the Constitution of India;

(e) "Educational Institution" means,-

(i) a university established or incorporated by or under a State Act and receiving aid from the State Government;

(ii) an institution, declared as an institution deemed to be university under section 3 of the University Grants Commission Act, 1956 (3 of 1956) and maintained by or receiving aid from the State Government;

(iii) an institution or college or group of institutions or colleges maintained by or receiving aid from the State Government and affiliated to an institution referred to in sub-clause (i) or a constituent unit of an institution referred to in sub-clause (i) or sub-clause (ii); or

(iv) an institution or college or a group of institutions or colleges maintained by a society or trust or private management body and receiving aid from the State Government, whether directly or indirectly and affiliated to an institution referred to in sub-clause (i); or

(v) an educational institution established by the State Government under the Societies Registration Act, 1860 (21 of 1860);

(f) "faculty" means the faculty of an Educational Institution;

(g) "Government" or "State Government" means the Government of Maharashtra;

(h) "minority educational institution" means the Government approved institution established and administered by the minority having right to do so under clause (1) of article 30 of the Constitution of India;

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

(j) "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 ;

(k) "sanctioned strength" means the number of posts in teachers' cadre approved by the State Government;

(l) "Scheduled Castes" means the Scheduled Castes notified under article 341 of the Constitution of India;

(m) "Scheduled Tribes" means the Scheduled Tribes notified under article 342 of the Constitution of India;

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

(o) "teachers' cadre" means a class of all the teachers of an Educational Institution, regardless of the branch of study or faculty, who are remunerated at the same grade of pay, excluding any allowance or bonus.

Section 3.Reservation of posts in recruitments in Educational Institutions.

(1) Notwithstanding anything contained in any other law for the time being in force, there shall be reservation of posts in direct recruitment out of the sanctioned strength in teachers' cadre in an Educational Institution to the extent and in the manner as may be specified by the State Government by notification in the Official Gazette.

(2) For the purpose of reservation of posts, an Educational Institution shall be regarded as one unit.

Section 4.Act not to apply in certain cases.

The provisions of section 3 shall not apply to,-

(a) the Minority Educational Institution;

(b) such institutions of excellence or research institutions, as may be declared by the State Government by notification in the Official Gazette.

Section 5.Laying of notifications.

Every notification issued by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter 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 under that notification.

Section 6.Power to remove difficulties.

(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.