The Maharashtra Educational Institutions (Reservation in Teachers’ Cadre) Act, 2021.

2022: Mah. XVII]    1 
 
 
THE MAHARASHTRA EDUCATIONAL INSTITUTIONS  
 (RESERVATION IN TEACHER’S CADRE) ACT, 2021 
                                                                                                                 [Text as on 19th April 2023] 
—————                                      
CONTENTS 
PREAMBLE. 
SECTIONS. 
 
 1. Short title and commencement. 
 2. Definitions.  
 3.  Reservation of posts in recruitments in Educational Institutions. 
 4. Act not to apply in certain cases. 
 5.  Laying of notifications. 
 6.  Power to remove difficulties. 
  
  
2    The Maharashtra Educational Institutions [2022: Mah. XVII 
 (Reservation in Teacher’s Cadre) Act, 2021 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
2022: Mah. XVII]  The Maharashtra Educational Institutions 3 
(Reservation in Teacher’s Cadre) Act, 2021 
 
MAHARASHTRA ACT No. XVII of 20221 
[THE MAHARASHTRA EDUCATIONAL INSTITUTIONS  
(RESERVATION IN TEACHER’S CADRE) ACT, 2021] 
[This Act received the assent of the Governor on the 21th January 2022; assent first published  
in the Maharashtra Government Gazette, Part VIII, on the 25th January 2022]. 
An Act to provide for the reservation of posts in appointments by direct  
recruitment of persons belonging to the Scheduled Castes, Scheduled  
Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special  
Backward Category, Other Backward Classes and Economically Weaker 
 Sections to teachers’ cadre in certain Educational Institutions  
established, maintained or aided by the State Government and for the 
 matters connected therewith or incidental thereto. 
WHEREAS it is expedient to provide for the reservation of posts in appointments by direct 
recruitment of persons belonging to the Scheduled Castes, Scheduled Tribes, De -notified Tribes 
(Vimukta Jatis), Nomadic  Tribes, Special Backward Category, Other Backward Classes and 
Economically Weaker Sections to teachers’ cadre in certain Educational Institutions established, 
maintained or aided by the State Government and for the matters connected therewith o r incidental 
thereto; it is hereby enacted in the Seventy-second Year of the Republic of India, as follows:— 
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 date 2 as the State Government may, by notification in the 
Official Gazette, appoint.  
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 re cruitment” 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 -
                                                   
1  For Statement of Objects and Reasons, see Maharashtra Government Gazette , Extraordinary No.72, Part VIII, page 4, 
dated 28th December 2021. 
2  This Act came into force on the 1 st April 2022, vide G.N.G.A.D., No. BCC 2021/CR 858/ 16 -B, dated 1 st April 2022, 
Maharashtra Government Gazette, Extraordinary No. 102, Part IV-B, dated 1st April 2022. 
4    The Maharashtra Educational Institutions [2022: Mah. XVII 
 (Reservation in Teacher’s Cadre) Act, 2021 
 
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 institutio ns 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 establi shed 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 decla red 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.  
3.  Reservation of posts in recruitments in Educational I nstitutions.— (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’ ca dre 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.  
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.  
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 t hirty 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 
2022: Mah. XVII]  The Maharashtra Educational Institutions 5 
(Reservation in Teacher’s Cadre) Act, 2021 
 
or annulment shall be without prejudice to the validity of anything previously done under that 
notification.  
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 necess ary 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. 
 

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