The Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024.

2024 : Mah. XVI]   1 
THE MAHARASHTRA STATE RESERVATION FOR SOCIALLY  
AND EDUCATIONALLY BACKWARD CLASSES ACT, 2024  
                  [Text as on 29th February 2024] 
________________ 
CONTENTS 
 
PREAMBLE. 
SECTIONS. 
 1. Short title and commencement. 
 2. Definitions. 
 3. Socially and Educationally Backward Class in State. 
 4. Applicability. 
 5. Reservation of seats for admission in educational institutions, appointments in public 
services and posts under State for Socially and Educationally Backward Classes. 
 6. Reservation not to be affected. 
 7. Competent Authority. 
 8. Carrying forward of reserved vacancies. 
 9. Responsibility and powers for compliance of Act. 
 10. Penalty. 
 11. Power to call for records. 
 12. Procedure of issuance of Caste Certificate and Validity Certificate. 
 13. Representation in selection committee. 
 14. Irregular admissions and appointments void. 
 15. Competent Authority to be public servant. 
 16. Protection of action taken in good faith. 
 17. Power to make rules. 
 18. Savings. 
 19. Power to remove difficulty. 
 20. Repeal and saving.  
2  The Maharashtra State Reservation for Socially  [2024 : Mah. XVI 
 and Educationally Backward Classes Act, 2024 
2024 : Mah. XVI]  The Maharashtra State Reservation for Socially  3 
 and Educationally Backward Classes Act, 2024 
MAHARASHTRA ACT No. XVI OF 20241 
[THE MAHARASHTRA STATE RESERVATION FOR SOCIALLY  
AND EDUCATIONALLY BACKWARD CLASSES ACT, 2024.] 
[This Act received the assent of the Governor on the 26th February 2024; assent first published, 
in the “Maharashtra Government Gazette”, Part VIII, on the 26th February 2024.] 
An Act to specify certain communities as the Socially and Educationally  
Backward Classes in relation to the State of Maharashtra and to provide  
for reservation of seats for admission in educational institutions in the  
State and for reservation of posts for appointments in public services and  
posts under the State to such Socially and Educationally Backward  
Classes in the State of Maharashtra for their advancement and for matters  
connected therewith or incidental thereto. 
WHEREAS it is expedient to specify certain communities as the Socially and Educationally 
Backward Classes in relation to the State of Maharashtra and to provide for reservation of seats for 
admission in educational institutions in the State and for re servation of posts for appointments in 
public services and posts under the State to such Socially and Educationally Backward Classes in the 
State of Maharashtra for their advancement and for matters connected therewith or incidental thereto; 
it is hereby enacted in the Seventy-fifth Year of the Republic of India, as follows :— 
1.  Short title and commencement. — (1) This Act may be called the Maharashtra State 
Reservation for Socially and Educationally Backward Classes Act, 2024.  
(2) It shall come into force on the date of publication of this Act in the Official Gazette.  
2.  Definitions.— (1) In this Act, unless the context otherwise requires,—  
(a) “admission authority”, in relation to admissions to educational institutions, means the 
authority having supervisory and controlling powers over the educational institutions responsible 
for admissions to particular educational institutions ;  
(b) “appointing authority”, in relation to public services and posts, means the authority 
empowered to make appointments to such services and posts ;  
(c) “Competent Authority” means the Competent Authority appointed under section 7 ;  
(d) “educational institutions” includes the educational institutions in the State of 
Maharashtra owned and controlled  by the Government, which receives grant -in-aid from the 
Government, universities established by or under the relevant Maharashtra Acts, private 
educational institutions, whether aided or un -aided by the State, other than the minority 
educational institutions referred to in clause (1) of article 30 of the Constitution of India. 
Explanation.— For the purposes of this clause, the expression “private educational 
institutions” means institutions which have been given either prior to coming into force of this 
Act or thereafter, aid in the form of Government land at concessional rates or any other monetary 
concessions by the Government, or are recognized, permitted, supervised or controlled by the 
Government ;  
(e) “establishment” means any office of the Governmen t or of a local authority or statutory 
authority constituted under any Act of the State Legislature for the time being in force, or 
university or company or corporation or co-operative society in which share capital is held by the 
Government or any Government aided institutions.  
Explanation.— For the purposes of this clause, the expression “Government aided 
institutions” shall also include institutions or industries which have been given, either prior to 
coming into force of this Act or thereafter, aid in the form of Government land at concessional 
                                                   
1  For Statement of Objects and Reasons, see Maharashtra Government Gazette  2024, L. A. Bill No. I of 2024, 
Extraordinary No. 01, Part V-A, dated 26th February 2024, Pages. 8-16. 
4  The Maharashtra State Reservation for Socially  [2024 : Mah. XVI 
 and Educationally Backward Classes Act, 2024 
rates or any other monetary concessions by the Government or is recognized, licensed, 
supervised or controlled by the Government ;  
(f) “Government” or “State Government” means the Government of Maharashtra ;  
(g) “prescribed” means prescribed by rules made under this Act ; 
(h) “public services and posts” means the services and posts in connection with the affairs 
of the State and includes services and posts in,— 
(i) a local authority ;  
(ii) a co -operative society registered under the Maharashtra Co -operative Societies 
Act, 1960 (Mah. XXIV of 1961), in which the Government is a share holder ;  
(iii) a board or a corporation or a statutory body established by or under a Central Act 
or a State Act which is own ed and controlled by the Government, or a Government 
company as defined in the Companies Act, 2013 (18 of 2013) ;  
(iv) an educational institution owned and controlled by the Government, which 
receives grant-in-aid from the Government including a universit y established by or under a 
Maharashtra Act; and  
(v) any other establishment in 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 (iv) ;  
(i) “reservation” means the reservation of seats, for admission in educational institutions 
and reservation of posts for appointments in the public services and posts to the persons 
belonging to Socially and Educationally Backward Classes in the State ;  
(j) “Socially and Educationally Backward Classes” means the Socially and Educationally 
Backward Classes as specified under this Act for the purposes of the State of Maharashtra in 
accordance with article 342A of the Constitution of India ;  
(k) “State” means the State of Maharashtra.  
(2) The words and expressions used in this Act, but not defined, shall have the same meanings 
respectively assigned to them in the Maharashtra State Public Services (Reservation for Scheduled 
Castes, Scheduled Tribes, De -notified Tribes ( Vimukta Jatis ), Nomadic Tribes, Special Backward 
Category and Other Backward Classes) Act, 2001 (Mah. VIII of 2004).  
3.  Socially and Educationally Backward Class in State.— The Maratha Community is hereby 
specified as the Socially and Educationally Backward Class for the purposes of the State.  
4.  Applicability.— (1) This Act shall apply to all the direct recruitments and appointments 
made in the public services and posts in the State except,—  
(a) the super specialized posts in medical, technical and educational field ;  
(b) the posts to be filled by transfer or deputation ;  
(c) the temporary appointments of less than forty-five days duration ; and  
(d) the post which is single (isolated) in any cadre or grade.  
(2) This Act shall also apply, for admissions in educational institutions including private 
educational institutions, whether aided or un -aided by the State, other than the minority educational 
institutions referred to in clause (1) of article 30 of the Constitution of India. 
(3) The State Government shall, while entering into or renewing an agreement with any 
educational institution or any establishment for the grant of any aid as provided in the explanation to 
clauses (d) and (e) of section 2, respectively, incorporate a condition for compliance of the provisions 
of this Act, by such educational institution or establishment.  
2024 : Mah. XVI]  The Maharashtra State Reservation for Socially  5 
 and Educationally Backward Classes Act, 2024 
(4) For the removal of doubts, it is hereby declared that nothing in this Act shall aff ect the 
reservation provided to the Other Backward Classes under the Maharashtra State Public Services 
(Reservation for Scheduled Castes, Scheduled Tribes, De -notified Tribes ( Vimukta Jatis ), Nomadic 
Tribes, Special Backward Category and Other Backward Cla sses) Act, 2001 (Mah. VIII of 2004) and 
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 (Mah. XXX of 2006).  
5.  Reservation of seats for admission in educational institutions, appointments in 
public services and posts under State for Socially and Educationally Backward 
Classes. — (1) Notwithstanding anything contained in any judgme nt, decree or order of any court or 
other authority, and subject to the other provisions of this Act,—  
(a) ten per cent. of the total seats in educational institutions including private educational 
institutions, whether aided or un -aided by the State, oth er than minority educational institutions 
referred to in clause (1) of article 30 of the Constitution of India ; and  
(b) ten per cent. of the total appointments in direct recruitment in public services and posts 
under the State,  
shall be separately reserved for the Socially and Educationally Backward Classes :  
Provided that, the above reservation shall not be applicable to the posts reserved in favour of the 
Scheduled Tribes candidates in the Scheduled Areas of the State under the Fifth Schedule to the 
Constitution of India as per the notification issued, from time to time, by the Governor, in this behalf.  
(2) The principle of Creamy Layer shall be applicable for the purposes of reservation to the 
Socially and Educationally Backward Classes under this Act and reservation under this Act shall be 
available only to  the persons belonging to the Socially and Educationally Backward Classes who are 
not falling in Creamy Layer.  
Explanation.— For the purposes of this sub -section, the expression “Creamy Layer” means the 
person falling in the category of Creamy Layer as de clared by the Government by general or special 
orders issued in this behalf, from time to time.  
6.  Reservation not to be affected. — Notwithstanding anything contained in section 5, the 
claims of students or persons belonging to Socially and Educationally  Backward Classes shall also be 
considered for the allotment on unreserved seats and appointments on public services and posts which 
shall be filled on the basis of merit, and where students or persons belonging to such classes is selected 
on the basis of merit, the number of seats and appointments reserved for the Socially and 
Educationally Backward Classes, shall not in any way be affected.  
7.  Competent Authority.— (1) The Government may, by notification in the Official Gazette, 
appoint any officer not below the rank of the District Social Welfare Officer to be the Competent 
Authority for such area as may be specified in such  notification for the purposes of carrying out the 
provisions of this Act and the rules made thereunder.  
(2) The Competent Authority shall exercise such powers and perform such functions, as may be 
prescribed. 
8.  Carrying forward of reserved vacancies. — (1) If in respect of any recruitment year, any 
vacancy reserved for Socially and Educationally Backward Classes of persons remains unfilled, such 
vacancy shall be carried forward upto five years in case of direct recruitment :  
Provided that, on the date of commencement of this Act, if any Government Order, Resolution, 
Circular and Office Memorandum regarding filling of posts is in force then, the same shall continue to 
be in force unless modified or revoked by the Government :  
Provided further that, if the sanctioned posts are not adequate to allocate atleast one post for each 
reserved category, then the reserved post shall be filled in by applying the principle of rotation in 
accordance with the Government roster orders or rules as may be prescribed or modified in this behalf. 
6  The Maharashtra State Reservation for Socially  [2024 : Mah. XVI 
 and Educationally Backward Classes Act, 2024 
(2) When a vacancy is carried forward as provided in sub -section ( 1), it shall not be counted 
against the quota of the vacancies reserved for the concerned classes of persons for the recruitment 
year to which it is carried forward :  
Provided that, the appointing authority may, at any time, undertake a special recruitment drive to 
fill up such unfilled vacancies and if such vacancies remain unfilled even after such special 
recruitment drive then, it shall be filled up in the manner prescribed by the Government.  
9.  Responsibility and powers for compliance of Act. — (1) The Government may, by order in 
writing, entrust upon every admission authority or appointing authority or any officer under such 
authority, with the responsibility of ensuring the compliance with the provisions of this Act.  
(2) The Government may, in the like manner, invest the admission authority or appointing 
authority or officer with such powers or authority as may be necessary for such authority or officer, to 
effectively discharge such duty assigned to such authority or officer.  
10.  Penalty.— (1) Any admission authority or appointing authority or officer or employee 
entrusted with the duty or responsibility who willfully acts in a manner intended to contravene or 
defeat the purposes of this Act shall, on conviction, be punished with imprisonment for a term which 
may extend to ninety days or fine, which may extend to twenty-five thousand rupees, or with both.  
(2) No court shall take cognizance of an offence punishable under this section except with the 
previous sanction of the Government or officer authorized in this behalf by the Government.  
11.  Power to call for records. — When it comes to the notice of the Go vernment or is brought 
to its notice that any person belonging to Socially and Educationally Backward Classes is adversely 
affected, on account of non-compliance with the provisions of this Act or the rules made thereunder or 
the Government orders  issued i n this behalf, by any admission authority or appointing authority, it 
may call for such records and pass such appropriate orders as it deems fit. 
12.  Procedure of issuance of Caste Certificate and Validity Certificate. — The provisions of 
the Maharashtra S cheduled Castes, Scheduled Tribes, De -notified Tribes ( Vimukta Jatis ), Nomadic 
Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and 
Verification of) Caste Certificate Act, 2000  (Mah. XXIII of 2001)  and the Maharashtra Sc heduled 
Castes, De -notified Tribes ( Vimukta Jatis ), Nomadic Tribes, Other Backward Classes and Special 
Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012, shall 
mutatis mutandis  apply for issuance of Caste Certific ate and Validity Certificate for Maratha 
Community as Socially and Educationally Backward Class, for the purposes of this Act.  
13.  Representation in selection committee. — The Government may, by an order, provide for 
nomination of officers belonging to Socially and Educationally Backward Classes in selections, 
screening and departmental committee for the purpose of selecting persons for appointment to public 
services and posts.  
14.  Irregular admissions and appointments void.— Any admissions or appointments made in 
contravention of the provisions of this Act shall be void.  
15.  Competent Authority to be public servant. — The Competent Authority appointed under 
section 7 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal 
Code.  
16.  Protection of action taken in good faith. — No suit, prosecution or other legal proceeding 
shall lie against the Competent Authority or its officers, for an ything which is in good faith done or 
intended to be done under this Act or the rules or orders made thereunder.  
17.  Power to make rules. — (1) The State Government may, by notification in the Official 
Gazette, make rules to carry out the purposes of this Act.  
2024 : Mah. XVI]  The Maharashtra State Reservation for Socially  7 
 and Educationally Backward Classes Act, 2024 
(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 session immediately following, both Houses agree in making any 
modification in any 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 notification 
of such decision 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.  
18.  Savings.— (1) The provisions of this Act shall not apply to the cases in which selection 
process has already been initiated before the commencement of this Act, and such cases shall be dealt 
with in accordance with the provisions of law and the Government orders as they stood before such 
commencement.  
Explanation.— For the purposes of this section, the  selection process shall be deemed to have 
been initiated where, under the relevant service rules,—  
(i) recruitment is to be made on the basis of written test or interview only, and such written 
test or the interview, as the case may be, has started; or 
(ii) recruitment is to be made on the basis of both, written test and interview and such 
written test has started.  
(2) The provisions of this Act shall not apply to admissions in educational institutions and the 
cases in which the admission process has alr eady been initiated before the commencement of this Act 
and such cases shall be dealt with in accordance with the provisions of law and the Government 
orders, as they stood before such commencement.  
Explanation.— For the purposes of this section, the admission process shall be deemed to have 
initiated where,—  
(i) admission is to be made on the basis of any entrance test, and procedure for such 
entrance test has started; or  
(ii) in case of admission to be made other than on the basis of entrance test, the last date for 
filling the form is lapsed.  
19.  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 publis hed in the Official Gazette, do 
anything not inconsistent with the provisions of this Act, which appears to it to be necessary or 
expedient for the purpose of removing the difficulty :  
Provided that, no such order shall be made after expiry of the period of two years from the date 
of commencement of this Act.  
(2) Every order made under sub -section ( 1) shall be laid, as soon as may be, after it is made, 
before each House of the State Legislature.  
20.  Repeal and saving. — (1) The Maharashtra State Reservation (of seats for admission in 
educational institutions in the State and for appointments in the public services and posts under the 
State) for Socially and Educationally Backward Classes (SEBC) Act, 2018  (Mah. LXII of 2018)  is 
hereby repealed.  
(2) The provisions of section 7 of the Maharashtra General Clauses Act  (1 of 1904) with regard 
to effect of repeal shall apply. 
 

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