Bihar (In Admission In Educational, Institutions) Reservation Act, 2003 (Bihar
Act No. 16 of 2003) Updated 19th December, 2019 [bh665]
Preamble - To provide for adequate representation of Scheduled Castes,
Scheduled Tribes and other Backward Classes in Admission at all levels and in
all kinds of educational Institutions such as General, Technical, Non-Technical,
Commercial, etc. either fully or partially aided by the State Government. Be it
enacted by the Legislature of the State of Bihar the fifty fourth year of the
Republic of India as follows:
1. Short title, extent and commencement. –
(1) This Act may be called the Bihar (In Admission in educational Institutions)
Reservation Act, 2003.
(2) It shall extend to the whole State of Bihar.
(3) It shall come into force with immediate effect.
2. Regulation of Reservation of admission. - (1) In any educational Institutions
fully or spastically aided by the State Government shall be regulated in the
following manner name by:-
(a) From open merit category...50%
(b) From Reserved category..50%
(2) The vacancies for different categories of reserved candidates from amongst
the 50% reserved category, subject to other provisions of this Act shall be as
follows:-
(a) Scheduled Castes...16%
(b)Scheduled Tribes...01%
(c)Extremely Backward Classes...18%
(d) Backward Classes... 12%
(e)Women of Backward Classes...3%
Total ……. 50%
(3) Such reserved category candidate who is selected on the basis of his merit,
shall be counted against 50% vacancies in the open merit category and not
against the reserved category vacancies.
(4) Women of Backward Classes means women of all reserved classes and
includes women of Scheduled Castes, Scheduled Tribes, Extremely Backward
Classes and Backward Classes.
(5) No other reservation shall be made except reservation percentage granted
by the concerned educational institute and amended of reservation
percentage granted by them from time to time for the candidates out of Bihar.
(6) (a) After providing the opportunity for admission to the candidates having
descending order of merit of Lower qualification as to marks obtained etc.
fixed by the concerned educational Institutions, it the reservation percentage
of any reserved category is not filled shall be regulated in the following
manner:-
(i) Exchange shall be possible between the Scheduled Castes and Scheduled
Tribes.
(ii) Exchange shall be possible between the Extremely Backward Classes and
Backward Classes.
(b) After having completed the procedure contained in clause (a) of sub-
section (6) if the reservation percentage of any reserved category is not
exhausted then candidates belonging to unreserved category shall he admitted
against such vacancy on duly declared it deserved through the administrative
deptt. during the session by the Administrative Department for the said
session.
(c) In case of non-availability of suitable candidates for the vacancies reserved
for women of backward classes, the vacancies shall be filled in order of
preference as follows
(1) by the candidates of the Scheduled Castes.
(2) by the candidates of the Scheduled Tribes.
(3) by the candidates of the extremely backward classes.
(4) by the candidates of backward classes.
3. Power of State Government to call for records. - Any member of the
Scheduled Castes/Scheduled Tribes/Extremely Backward Classes/Backward
Classes/ Women of Backward Classes who is adversely affected by any Act of
an authority in-charge of Admission on account of non-compliance of the
provisions of this Act or the Rules made there under, may bring the fact to the
notice of the State Government and upon application made by him the State
Government may call for such records or take such action thereon as it may
deem fit.
4. Bar to any proceeding for action taken in good faith. - No suit prosecution or
other legal proceeding shall lie against any person for anything which done or
intended to be done in good faith under this Act.
5. Penalty. - If any Authority in charge of Admission take an admission in
contravention of any of the provision of this Act he shall be punishable with
fine which may extend to one thousand Rupees or imprisonment for three
months or both.
6. Removal of difficulties. - If any difficulty arises in given effect to the
provisions of this Act, the State Government may take such steps or issue
such orders not in consistent with the provisions of this Act as it may
consider necessary for removing the difficulty.
7. Power to make Rule. - The State Government may make rules for carrying
out purposes of this Act.
Provided that every Rule made under this section shall be laid as soon as may
be after it is made, before each House of the State Legislature while it is in
session for a total period of fourteen days which may be comprised in one
session or in two successive sessions and if, before expiry of the session in
which is so laid of the session immediately following both the Houses agree in
making any modification in the Rules or both the House agree with the rules
should not be made, the Rules shall thereafter have effect only in such
modified from or be of no effect as the case may be, so however that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that Rules.
8. Over- riding effect of the Act. - Not withstanding anything contrary in any
other law and Rules for the time being in forces, any judgement or decree of a
court, any order notification, circular, Scheme, rule or resolution made or
issued, the provision of this Act shall prevail.
Provided that any other law or rule for the time being in force, any order
notification, circular Scheme resolution made, issued or passed prior to this
Act, so far as it not be inconsistent with this Act, shall continue to be in force
and shall be deemed to have been made issued or passed under this Act.
9. Repeal and saving. - (1) All order/Resolution/Circulars etc. related to this
which are in consistent with this Act, shall be deemed to have been re-pleaded
to that extent.
(2) Anything done or any action taken under any order/Resolutions/Circular
before the commencement of this Act shall be deemed to be done or taken
under this Act is if it were applicable under this Act.
