Haryana Backward Classes (Reservation in Services and Admissions in Educational Institutions) Act, 2016
No: 15 Dated: May, 12 2016
THE HARYANA BACKWARD CLASSES (RESERVATION IN SERVICES AND ADMISSION IN EDUCATIONAL INSTITUTIONS) ACT, 2016
An Act to provide for reservation in services and admission in educational institutions to persons belonging to Backward Classes in the State of Haryana and for matters connected therewith or incidental thereto
WHEREAS clause (4) of article 15 of the Constitution of India enables the State to make special provision for the advancement of any socially and educationally Backward Classes of citizens or for the Scheduled Castes and Scheduled Tribes;
AND WHEREAS clause (5) of article 15 of the Constitution of India enables the State to make special provisions, by law, for the advancement of any socially and educationally Backward Classes of citizens or for the Scheduled Castes or Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private aided educational institutions whether aided or unaided by the State, other than minority educational institutions referred to in clause (1) of article 30 of the Constitution;
AND WHEREAS clause (4) of article 16 of the Constitution enables the State to make any provision for the reservation of appointments or posts in favour of any Backward Classes of citizens which, in the opinion of the State, is not adequately represented in the services under the State;
AND WHEREAS clause (1) of article 38 of the Constitution provides that State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life;
AND WHEREAS clause (2) of article 38 of the Constitution provides that the State shall in particular strive to minimize the inequality in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations;
AND WHEREAS under article 46 of the Constitution, the State shall promote with special care, the educational and economic interest of the weaker sections of the people, and, in particular, of the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of exploitations;
AND WHEREAS the State of Haryana has decided to provide for reservation of seats in educational institutions including private educational institutions aided by the State;
AND WHEREAS the State of Haryana is of the opinion that the Backward Classes of citizens in the State are not adequately represented in the services under the State and therefore, it has been decided to provide for reservation of seats in appointments in the services under the State to Backward Classes.
Be it enacted by the Legislature of the State of Haryana in the Sixty-seventh Year of the Republic of India as follows:-
1. This Act may be called the Haryana Backward Classes (Reservation in Services and Admissions in Educational Institutions) Act, 2016.
2. In this Act, unless the context otherwise requires,-
(a) “appointment” means an appointment by direct recruitment;
(b) “Backward Classes” means such classes of citizens as specified in Schedule I, II or III;
(c) “competent authority” means an officer or an authority authorised to make admission into educational institutions or appointment in services under the State or an authority empowered by the State under sections 8 and 9, as the case may be;
(d) “creamy layer” means such class of persons within the Backward Classes as the State Government may, by notification in the Official Gazette specify for the purposes of this Act;
(e) “educational institutions” means any institution imparting education, established and maintained by the Government, or receiving aid out of the State funds, and includes Government/Government Aided Technical and Professional Institutions;
(f) “Government” means the Government of the State of Haryana;
(g) “prescribed” means prescribed by the rules made under this Act;
(h) “Schedule” means the Schedules appended to this Act; and
(i) “services” means and includes the services under the Government, the Legislature of the State, any institution of Self Government, any local authority, any corporation or company owned or controlled by the State or any such other authority.