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

1. (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 date as the State Government may, by notification in the Official Gazette, appoint.

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).

1. (1) The reservation in respect of the annual permitted strength for admission into such educational institutions and courses in the State, as may be prescribed, for the More Backward Classes shall be five percent. (2) Notwithstanding anything contained in sub-section (1), persons belonging to creamy layer shall not be eligible for consideration against the reserved quota of seats in any educational institution in the State

1. (1) The reservation of appointments and posts in the services under the State for the More Backward Classes shall be five percent. (2) Notwithstanding anything contained in sub-section (1), persons belonging to creamy layer shall not be eligible for consideration against the reserved quota in the appointments and posts under the State

Notwithstanding anything contained in section 4, there shall be no reservation in respect of the following posts, namely:- (a) the posts to be filled by transfer, promotion or deputation; and (b) the post which is single (isolated) in any cadre or grade.

1. (1) The State Government may make rules for carrying out the purposes of this Act. (2) All rules made under this section shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days, which may comprise in one session or in two successive sessions and, if before the expiry of the sessions in which they are so laid or of the sessions immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

1. (1) The State Government may, in consultation with the Commission, add, amend or delete any entry of the Schedule by notification published in the Official Gazette and on and from the date of such publication, the Schedule shall stand amended accordingly. (2) Every notification issued under sub-section (1) shall be laid, as soon as may be, after it is so issued, before the House of the State Legislature and the provisions of sub-section (2) of section 6 shall mutatis mutandis apply to such notification.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an order, published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for removing the difficulty: Provided that no order under this section shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is so made, before the House of the State Legislature.

No suit, prosecution or other legal proceedings shall lie against any authority or person for anything done or purported to have been done in good faith in pursuance of the provisions of this Act or the rules made thereunder.

Nothing contained in this Act shall derogate from any other law for the time being in force.

1. (1) The Rajasthan Special Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2015 (Act No. 32 of 2015) is hereby repealed and the provisions of the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955) shall apply to such repeal. (2) Nothing in this Act shall be deemed to have affected any orders made by the Governor in exercise of his powers under the Fifth Schedule of the Constitution of India in respect of the Scheduled Areas.