Maharashtra Private Professional Educational Institutions [Reservation of Seats for Admission for Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes and other Backward Classes] Act, 2006

Maharashtra Private Professional Educational Institutions Reservation of Seats for Admission for Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes and other Backward Classes Act, 2006

The Maharashtra Private Professional Educational Institutions [Reservation of Seats for Admission for Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes and other Backward Classes] Act, 2006

Maharashtra Act No. 30 of 2006

mh201

(First published after having received the assent of the Governor in the "Maharashtra Government Gazette", on the 1st August 2006).

An Act to make special provisions for reservation of seats for admission for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes in Private Professional Educational Institutions; and for matters connected therewith or incidental thereto.

Whereas the Supreme Court, in the case of P. A. Inamdar and Others versus State of Maharashtra [reported in (2005) 6 SCC 537], has held that neither can the policy of reservation be enforced by the State nor can any quota or percentage of admission be carved out to be appropriated by the State in Private Professional Educational Institutions;

And Whereas in order to protect the interests of any socially and educationally backward classes of citizens or the Scheduled Castes or the Scheduled Tribes, article 15 of the Constitution of India has been amended by the Constitution (Ninety-third Amendment) Act, 2005, by adding clause (5) thereto, which empowers the State to make, by law, a special provision for the advancement of those classes, castes and tribes, in so far as such special provisions relate to their admission to educational institutions, including private educational institutions, whether aided by the State or not, other than the minority educational institutions referred to in clause (1) of article 30 of the Constitution;

And 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 make, by law, special provisions for reservation of seats for admission for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jaus), Nomadic Tribes and Other Backward Classes in Private Professional Educational Institutions; and for matters connected therewith or incidental thereto; and therefore, promulgated 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] Ordinance, 2006, on the 16th June 2006;

And Whereas it is expedient to replace the said Ordinance by an Act of the State Legislature; it is hereby enacted in the Fifty-seventh Year of the Republic of India as follows

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.

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 recognised 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;

(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;

(m) "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) or 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, or any other University constituted or deemed to have been constituted under the Maharashtra Universities Act, 1994 but does not include any institution declared to be Deemed University under section 3 of the University grants Commission Act, 1956.

3. Applicability. - This Act shall apply to all Private Professional Educational Institutions in the State, excluding the Minority Educational Institutions.

4. Reservation in Aided Private Professional Educational Institutions. - (1) In every Aided Private Professional Educational Institutions 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, De-notified 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 Scheduled 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.

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.

6. Irregular admissions void. - Any admission made in contravention of the provisions of this Act shall be void.

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.

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. 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 or anything previously done or omitted to be done under that rule.

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 being in force.

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.

12. Power to remove difficulty. - (1) If any difficulty arises in giving effect to the provisions to 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.

13. Repeal of Maharashtra Ordinance V of 2006 and saving. - (1) 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) Ordinance, 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.

Notifications

G.N. M. E. & D. D. No. MED. 2006/1196/CR.240/06/EDU-1(1), dated 24th June, 2006 (M. G. Part IV-B, page 844) - In exercise of the powers conferred by clause (j) of section 2 of the Maharashtra Private Professional Educational Institutions [Reservation of seats for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes] Ordinance, 2006 (Maharashtra Ordinance V of 2006), the Government of Maharashtra hereby notifies the educational courses of study in Health Sciences, mentioned in the Schedule appended hereto, to be Professional Courses for the purposes of the said Ordinance.

Schedule

1. Bachelor of Medicine and Bachelor of Surgery (MBBS)

2. Bachelor of Dentai Surgery (BDS)

3. Bachelor of Ayurved Medicine and Surgery (BAMS)

4. Bachelor of Homeopathic Medicine and Surgery (BHMS)

5. Bachelor of Unani Medicine and Surgery (BUMS)

6. Bachelor of Physiotherapy (BPTh)

7. Bachelor of Occupational Therapy (BOTh)

8. Bachelor of Sciences (Nursing) (BSc (Nursing)

G. N. M. E. D. No. MED. 2006/1196/CR.204/06/EDU-l(l), dated 24th June, 2006 (M. G. Pt. IV-B, p. 847) - In exercise of the powers conferred by the proviso to sub-section (2) of section 4 of the Maharashtra Private Professional Educational Institutions [Reservation of seats for Scheduled Castes Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes] Ordinance, 2006 (Maharashtra Ordinance V of 2006), the Government of Maharashtra hereby makes an Order specifying the manner in which the seats reserved for candidates belonging to the Scheduled Castes, Scheduled;Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, and Other Backward Classes shall be filled in, in the event the candidates from the respective Castes, Tribes or Classes are not available, as follows :-

1. This Order may be called the Professional Course in Health Sciences (Manner of filling seats of Reserved Category Candidates if suitable candidates are not available to fill in the seats reserved for the said Castes, Tribes or Classes) Order, 2006.

2. The Reserved Category shall be further sub-divided into following three Groups, namely:-

(i) Group A shall consist of candidates belonging to the Scheduled Castes and Scheduled Castes converts to Buddhism, and Scheduled Tribes;

(ii) Group B shall consist of the candidates belonging to the De-notified Tribes (A) and Nomadic Tribes (B);

(iii) Group C shall consists of the candidates belonging to the Nomadic Tribes (C), Nomadic Tribes (D) and other Backward Classes.

3. If the candidate belonging to the Reserved Category from any Group is not available, the seat shall be filled in by admitting a candidate, on the basis of inter-se merit, from amongst the candidates, belonging to the Reserved Category from the same Group.

4. If a seat can not be filled in by admitting candidate belonging to the same Group, the seat shall be transferred to a pool of vacant seats and shall be filled in by admitting the candidates belonging to Reserved Category, from any other Group on the basis of inter-se merit, from the list prepared for the purpose, from amongst the candidates belonging to any other Reserved Category.

5. If a seat can not be filed in by admitting candidate on the basis of inter-se merit, from the students other than those belonging to the Reserved Category.

Explanation. - For the purposes of this Order, inter-se merit shall be determined on the basis of the marks secured by a candidate at the applicable Common Entrance Test (CET) conducted for the Academic Year 2006-2007

G. N. & T. E. D. No. TEM. 2006/(306)/06/TE-l, dated 5th July, 2006 (M.G. Part IV-B, page 904) - In exercise of the powers conferred by Clause (1) of section 2 of the Maharashtra Professional Educational [Reservation of seats for admission for Scheduled Castes, Scheduled Tribes De-notified Tribes (Vimukta Jatis), Nomadic Tribes and other Backward Classes] Ordinance, 2006 (Maharashtra Ordinance V of 2006) the Government of Maharashtra hereby notifies following educational courses or study as professional courses" for the purposes of the said Ordinance:-

(1) Diploma Courses-

1. Diploma in Engineering Technology

2. Diploma in Pharmacy

3. Diploma in Architecture

4. Diploma in Hotel Management and Catering Technology

(2) Under Graduate Courses-

1. Bachelor of Engineering Technology (B.E/B. Tech.)

2. Bachelor of Pharmacy (B. Pharm.)

3. Bachelor of Architecture (B. Arch.)

4. Bachelor of Hotel Management and Catering Technology (B. HMCT).

5. Bachelor of Fine Arts (BFA).

6. Bachelor of Education (B. Ed.).

(3) Post-Graduate Courses.-

1. Master of Business Administration/Master of Management Studies (MBA/MMS).

2. Master of Computer Applications (MCA)

3. Master of Engineering Technology (M.E/M, Tech)

4. Master of Pharmacy (M. Pharm.)

5. Master of Architectures (M. Arch.)

6. Master of Education (M.Ed.)

G. N. H. & T. E. D. NO. TEM. 2006/(306/06)/TE-l, dated 5th July, 2006 (M.G. Part IV-B, page 907) - In exercise of the power conferred by the proviso to sub-section (2) of section 4 of the Maharashtra Private Professional Educational Institution [Reservation of seats for Scheduled Castes, Schedule Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes) Ordinance, 2006 (Maharashtra Ordinance V of 2006), the Government of Maharashtra hereby makes an order specifying the manner in which the seats reserved for candidates belonging to Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis). Nomadic Tribes and other Backward Classes shall be filled in, the event the candidates from the respective Castes/Tribes/Classes are not available as follows:-

1. This Order may be called the professional courses under Higher and Technical Education Department (Manner of filling seats of Reserved Category Candidates if suitable candidates are not available to fill in the seats reserved for the said Castes, Tribes or Classes) Order, 2006.

2. The reserved Category shall be further sub-divided into following three groups, namely :-

(i) Group A shall consist of candidates belonging to the Scheduled Castes and Scheduled Castes converts to Buddhism, and Scheduled Tribes.

(ii) Group B shall consist of the candidates belonging to the De-notified Tribes (A) and Nomadic Tribes (B);

(iii) Group C shall consist of the candidates belonging to the Nomadic Tribes (C), Nomadic Tribes (D) and other Backward Classes.

3. If the candidate belonging to a particular Reserved Category in any group is not available, the seats shall be filled in by admitting a candidate on the basis of inter-se merit, from amongst the candidate belonging to any other Reserved Category from the same Group.

4. If a seat can not be filled in by admitting candidate belonging to the same group, the seat shall transferred to a pool of vacant seats and shall be filled in by admitting the candidates belonging to Reserved Category, from any other Group on the basis of inter-se merit, from the list prepared for the purpose, from amongst the candidate belonging to any other Reserved Category.

5. If a seat can not be filled In by admitting candidate belonging to any other Groups, the same may be filled in by admitting candidates, on the basis of inter-se merit, from the students other than those belonging to the Reserved Category.

Explanation. - For the purpose of this Order, inter-se merit shall be determined on the basis of the marks secured by a candidate at the applicable Common Entrance Test (CET) conducted for the academic year 2006-07.

G. N. M. E. & D. D. No. MED. 2006/1196/CR.204/06/EDU-1(2), dated 24th June, 2006 (M. G. Part IV-B, page 850) - In exercise of the powers conferred by sub-section (1) of section 5 of the Maharashtra Private Professional Educational Institutions (Reservation of seats for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes) Ordinance, 2006 (Maharashtra Ordinance V of 2006), the Government of Maharashtra hereby directs that, the seats to be reserved for candidates belonging to the Reserved Category, in every Unaided Private Professional Educational Institution, shall be 25 per cent, of the Sanctioned Intake of the Professional Courses in Health Science, specified under Government Notification Medical Education and Drugs Department No - No. MED 2006/1196/CR-204/06/EDU-1 (1) dated the 24th June, 2006.

Explanation. - In determining the number of seats reserved for the Reserved Category a fraction of a seat, if less than one-half shall be ignored and if one-half or more shall be reckoned as one.

G.N.H. & T.E.D No. TEM 2006/(306/06)) TE-1, dated 5th July, 2006 (M.G. Part IV-B, page 910) - In exercise of the powers conferred by sub-section (1) of section 5 of the Maharashtra Private Professional Educational Institutions [Reservation of seats for Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis, Nomadic Tribes and other Backward Classes] Ordinance 2006 (Maharashtra Ordinance V of 2006), the Government of Maharashtra hereby directs that, the seats to be reserved for candidates belonging to the Reserved. Category in every Unaided Private Professional Educational Institution, in respect of the Professional Courses under the Higher and Technical Education Department, No TEM-2006/306/06) TE-1, dated the 5th July 2006 shall be as follow:-

1.	Diploma Courses	40% of the sanctioned intake.
2.	Under Graduate Courses -
	(a) B. Pharm /B.HMCT/B Arch/ B.F.A	40% of the sanctioned intake.
	(b) (B. Ed.)	40% of the sanctioned intake.
3.	Post-Graduate Courses -
	(a) M.Ed.	40% of the sanctioned intake.
	(b) (M.E./M.Tech.)/(M.Pharm) (M.Arch)	As per the AICTE norms.

Explanation. - In determining the number of seats reserved for the Reserved Category a fraction of a seat, if less than one half shall be ignored and if one-half or more shall be reckoned as one.

G.N.H & T.E.D. No. TME 2006/(306/06) TE-1. dated 5th July, 2006 (M.G. Part IV-B, page 912) - In exercise of the powers conferred by Sub-section (1) of section 5 of the Maharashtra Private Professional Educational Institutions [Reservation of seats for Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes] Ordinance, 2006 (Maharashtra Ordinance V of 2006), the Government of Maharashtra hereby directs that, the seats to be reserved for candidates belonging to the Reserved Category, in every Unaided Private Professional Educational Institution, in respect of the Professional Courses under the Higher and Technical Education Department No. TEM-2006/(306/06)/TE-l, dated the 5th July 2006 shall be as follows:-

1.	Under Graduate Courses (B.E./B.Tech)	32.5% of the sanctioned intake.
2.	Post-Graduate Management Courses - (MBA/MMS)	32.5% of the sanctioned intake.
3 .	Post-Graduate in Computer Application - (MCA)	32.5% of the sanctioned intake.

Explanation. - In determining the number of seats reserved for the Reserved Category a fraction of a seat, if less than one-half shall be ignored and if one-half or more shall be reckoned as one.


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