Haryana Scheduled Castes (Reservation in Admission in Government Educational Institutions) Act, 2020
No: 14 Dated: May, 15 2020
THE HARYANA SCHEDULED CASTES (RESERVATION IN ADMISSION IN GOVERNMENT EDUCATIONAL INSTITUTIONS) ACT, 2020
AN ACT
to provide for reservation in admission in Government educational institutions to persons belonging to the Scheduled Castes in the State of Haryana with special measures for deprived Scheduled Castes and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Seventy-first Year of the Republic of India as follows:
1. This Act may be called the Haryana Scheduled Castes (Reservation in Admission in Government Educational Institutions) Act, 2020.
2. In this Act, unless the context otherwise requires,
(a)“Annexure” means the Annexure appended to this Act;
(b)“competent authority” means an officer appointed under section 5; "deprived Scheduled Castes” means such Scheduled Castes as specified in Annexure;
(c)“Government educational institution” means any higher education institution established and maintained by the Government or receiving aid out of the State funds, imparting education leading to the award of a degree including a post-graduate degree and shall include Government aided technical and professional institutions;
(d)“Government” means the Government of the State of Haryana in the administrative department;
(e)"prescribed” means prescribed by the rules;
(f) “Scheduled Castes” means Scheduled Castes notified under article 341 of the Constitution of India.
3. (1) Twenty per cent seats shall be reserved for the members of the Scheduled Castes while making admission in Government educational institutions.
(2) Fifty per cent of the twenty per cent seats reserved for Scheduled Castes for admission in any Government educational institution shall be set aside for candidates belonging to deprived Scheduled Castes as enumerated in the Annexure.
4. Where a seat set aside for candidate from deprived Scheduled Castes for admission in Government educational institutions is not filled up in any academic year due to non-availability of candidate of deprived Scheduled Castes possessing the requisite qualifications, the same shall be made available to candidate of Scheduled Castes.
5. (1)The Government may, by notification, appoint any officer as competent authority for the purposes of carrying out the provisions of this Act.
(2) The competent authority shall, for the purposes of section 3, issue caste identification certificate specifying the caste name of the Scheduled Caste, in such manner, as may be prescribed.
(3) The competent authority shall, for the purposes of this Act, exercise such powers and perform such functions, as may be prescribed.
(4) The competent authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
6. A person belonging to the deprived Scheduled Castes shall, for the purposes of section 3, support his candidature by a certificate of caste identification issued by the competent authority under sub-section (2) of section 5.
7. No suit, prosecution or other legal proceedings shall lie against the competent authority, officers of the Government for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder.
8. If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.