Pre. Haryana Act No. 15 of 2016

[Dated 12.5.2016]

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 minor

S.1 Short title

This Act may be called the Haryana Backward Classes (Reservation in Services and Admissions in Educational Institutions) Act, 2016.

S.2 Definitions

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 Institut

S.3 Reservation in services

While making appointment, reservation shall be made for the members of the Backward Classes as specified in the Schedule.

S.4 Reservation in educational institutions

While making admissions in educational institutions, reservation shall be made for the members of the Backward Classes as specified in the Schedule.

S.5 Restrictions with regards to creamy layer

(1) Notwithstanding anything contained in this Act, no person belonging to the creamy layer of Backward Classes shall be-

(a) considered for admission in educational institutions against the seats reserved therein for Backward Classes as specified in the Schedule; or

(b) entitled to claim reservation in or be considered for appointment in services under the State against the posts reserved for Backward Classes as specified in the Schedule.

(2) The Government shall, by notification, after taking into consideration social, economic and such other factors, as deemed appropriate, specify the criteria for exclusion and identification of persons belonging to the Backward Classes as creamy layer.

(3) The criteria fixed under sub-section (2) shall be reviewed every three years.

S.6 Horizontal reservation

Notwithstanding anything contained in this Act, the State Government may provide for horizontal reservation for such category or categories of persons within Backward Classes, as it may deem necessary from time to time.

S.7 Seats for admission not to be carried forward to next year

Where the seats reserved for Backward Classes for admission in educational institutions are not filled up in any academic year due to non-availability of candidates possessing the requisite qualifications, the same shall, after the display of the final list of such admissions for that year, be made available to candidates of general categories by the educational institution.

S.8 Competent authority to issue certificate

(1) The Government may, by notification, appoint any officer to be the competent authority for the purposes of carrying out the provisions of this Act.

(2) The competent authority may, for the purposes of sections 3 and 4, issue caste identification certificate in terms of Schedule in such manner, as may be prescribed.

(3) The competent authority shall 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 (45 of 1860).

S.9 Certificate of identification by competent authority

A person belonging to the Backward Class as specified in the Schedule shall, for the purposes of sections 3 and 4, support his candidature by a certificate of caste identification issued by the competent authority.

S.10 Protection of action taken in good faith

No suit, prosecution or other legal proceeding 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.

S.11 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, the State 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.

S.12 Power to make rules

(1) The Government shall, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Every rule made under this Act shall, as soon as possible, after it is made or issued, be laid before the State Legislature.

S.13 Review of Schedule

The Government shall at the expiration of ten years from the coming into force of this Act and at every succeeding period of ten years thereafter, undertake revision of the Schedule.

S.14 Overriding effect

The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other State law for the time being in force or any instrument having effect by virtue of any such law.

S.15 Validation

Notwithstanding anything contained in any judgment, decree or order of any court or other authority, the reservation made, and anything done or any action taken on the basis of such reservation, by the Government for admission to educational institutions and for appointment in the services for the Backward Classes on the date of coming into force of this Act, shall, for all purposes be deemed to be and to have always been, validly made, done or taken in accordance with law, as if this Act had been in force at all material times when such reservation has been made and such thing done or action taken.

Sch.I Backward Class Block 'A'

(See sections 3 and 4)

1. Aheria, Aheri, Heri, Naik, Thori or Turi, Hari

2. Barra

3. Beta, Hensi or Hesi

4. Bagria

5. Barwar

6. Barai, Tamboli

7. Baragi, Bairagi, Swami Sadh

8. Battera

9. Bharbhunja, Bharbhuja

10. Bhat, Bhatra, Darpi, Ramiya

11. Bhuhalia, Lohar

12. Changar

13. Chirimar

14. Chang

15. Chimba, Chhipi, Chimpa, Darzi, Rohilla

16. Daiya

17. Dhobi /Dhobi Rajak

18. Dakaut

19. Dhimar, Mallah, Kashyap- Rajpoot, Kahar, Jhiwar, Dhinwar, Khewat, Mehra, Nishad, Sakka, Bhisti, Sheikh-Abbasi

20. Dhosali, Dosali

2

Sch.II Backward Class Block 'B'

(See sections 3 and 4)

1. Ahir/Yadav

2. Gujjar

3. Lodh/Lodha/Lodhi

4. Saini, Shakya, Koeri, Kushwaha, Maurya

5. Meo

6. Gosai/Gosain/Goswami

* Reservation in services:- Eleven percent reservation shall be provided for Class III and IV posts and six percent in Class I and II posts.

* Reservation in admissions:- Eleven percent reservation shall be provided for admissions in educational institutions.

Sch.III Backward Class Block 'C'

(See sections 3 and 4)

1. Jat

2. Jat Sikh

3. Ror

4. Bishnoi

5. Tyagi

6. Mulla Jat/Muslim Jat

* Reservation in services:- Ten percent reservation shall be provided for Class III and IV posts and six percent in Class I and II posts.

* Reservation in admissions:- Ten percent reservation shall be provided for admissions in educational institutions.