Maharashtra State Commission for Backward Classes Act, 2005
No: 34 Dated: Aug, 14 2006
THE MAHARASHTRA STATE COMMISSION FOR BACKWARD CLASSES ACT, 2005
ACT No. XXXIV OF 2006
An Act to provide for constitution of a State level Commission for Backward Classes other than the Scheduled Castes and Scheduled Tribes and to provide for matters connected therewith or incidental thereto;
WHEREAS, the Supreme Court in the Mandal Commission case relating to reservation of civil posts and services in favour of socially and educationally backward classes other than the Scheduled Castes and Scheduled Tribes, had given directions, inter alia, to all the State Governments to constitute a permanent body for entertaining, examining and recommending upon requests for inclusion; and hearing complaints, of over-inclusion or under-inclusion in the Lists of other backward classes of citizens ;
AND WHEREAS, in compliance of the aforesaid directions of the Supreme Court, the Government of Maharashtra has constituted a Committee known as the Maharashtra Other Backward Classes Committee by Government Resolution, dated the 15th March 1993, which has subsequently been named as “ the State Commission for Backward Classes” to perform the aforesaid functions ;
AND WHEREAS, the Government consideres it expedient to enact a comprehensive law to provide for the constitution of a Commission for ensuring reservation of appointments or posts in favour of the socially and educationally Backward Classes other that the Scheduled Castes and Scheduled Tribes, in the services under the Government of Maharashtra and other local or other authorities within the State, and to provide for matters connected therewith or incidental thereto;
It is hereby enacted in the Fifty-sixth Year of the Republic of India as follows:—
CHAPTER I
PRILIMINARY
1. Short title, extent and commencement:- (1) This Act may be called the Maharashtra State Commission for Backward Classes Act, 2005.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless the context otherwise requires,—
(a) “appointed day” means the date on which this Act comes into force, under sub-section (3) of section 1;
(b) “Accountant General” means the Accountant General of Maharashtra State ;
(c) “backward classes” means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes, as specified by the State Government in the Lists;
(d) “Commission” means the Maharashtra State Commission for Backward Classes constituted under section 3;
(e) “Lists” means the Lists prepared by the State Government, from time to time, for the purposes of making provision for the reservation of appointments or posts, in favour of the backward classes of citizens who, in the opinion of the State Government, are not adequately represented in the services under the State Government and any local or other authority within the State or under the control of the State Government;
(f) “member” means a member of the Commission and includes the Chairperson and Member-Secretary;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “State Government” means the Government of Maharashtra;
(i) “State” means the State of Maharashtra.