Rajasthan Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2017
No: 38 Dated: Nov, 08 2017
THE RAJASTHAN BACKWARD CLASSES (RESERVATION OF SEATS IN EDUCATIONAL INSTITUTIONS IN THE STATE AND OF APPOINTMENTS AND POSTS IN SERVICES UNDER THE STATE) ACT, 2017
(Act No. 38 of 2017)
[Received the assent of the Governor on the 8th day of November, 2017]
An Act to provide for the reservation of seats in educational institutions in the State and of appointments and posts in the services under the State for the category of more backward classes within the backward classes and for matters connected therewith or incidental thereto.
WHEREAS, the policy of reservation for the social, economic and educational advancement of the people belonging to Backward Classes of Citizens in admissions to educational institutions in the State and for reservation of appointments and posts in the services under the State has been under implementation in the State of Rajasthan for a long time;
AND WHEREAS, a large percentage of the population of Rajasthan suffering from social and educational backwardness for many years have started enjoying the fruits of the reservation policy and have been able to improve their lot and attain a higher standard of living;
AND WHEREAS, the Rajasthan State Commission for Backward Classes has time and again recommended to the State Government that certain backward classes like Banjara/Baldiya/Labana, Gadiya Lohar/Gadoliya, Gujar/Gurjar, Raika/Rebari/Debasi, Gadariya/ Gadri/Gayari are extremely backward and need special care and protection for their rapid educational and social advancement;
AND WHEREAS, under clause (1) of Article 38 of the Constitution, the 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 institution of the national life;
AND WHEREAS, under clause (2) of Article 38 of the Constitution, the State shall, in particular, strive to minimize inequalities 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 interests of the weaker sections of the people;
AND WHEREAS, looking to the recommendations made by the Rajasthan State Commission for Backward classes, from time to time, it is expedient that the extremely backward classes within the backward classes like the Banjara/Baldiya/Labana, Gadiya Lohar/Gadoliya, Gujar/Gurjar, Raika/ Rebari/Debasi, Gadariya/ Gadri/Gayari should be classified within backward classes as a separate category as more backward classes and they should be given special care and protection for their rapid educational and social advancement.
NOW, therefore, be it enacted by the Rajasthan State Legislature in the Sixty-eighth Year of the Republic of India, as follows:-
1. Short title, extent and commencement.- (1) This Act may be called the Rajasthan Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2017.
(2) It shall extend to the whole of the State of Rajasthan.
(3) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “backward classes” means the backward classes as defined in the Rajasthan Scheduled Castes, Scheduled Tribes and Backward Classes, Special Backward Classes and Economically Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2008 (Act No. 12 of 2009);
(b) “Commission” means the Rajasthan State Commission for Backward Classes constituted under section 3 of the Rajasthan State Commission for Backward Classes Act, 2017 (Act No. 4 of 2017);
(c) "creamy layer" means such class of persons within the more backward classes, as the State Government may notify, in the Official Gazette for the purposes of this Act ;
(d) "more backward classes" means the backward classes specified in the Schedule;
(e) "prescribed" means prescribed by rules made under this Act ;
(f) “Schedule” means the Schedule to this Act;
(g) "services under the State" means the public services and posts in connection with the affairs of the State and includes the services and posts in-
(i) any local authority;
(ii) any corporation or company owned or controlled, wholly or substantially, by the State Government;
(iii) any other authority or body constituted by or under an Act of the State Legislature and funded, wholly or substantially, by the State; and
(iv) respect of which reservation was applicable by Government orders on the date of commencement of this Act and which are not covered under subclauses (i) to (iii).