The West Bengal Staff Selection Commission Act, 2011

Registered No. WB/SC-247 	 No. WB(Part-III)/2012/SAR-7 
Uothata a3ette 
Extraordinary 
Published by Authority 
MAGHA 11] 	 TUESDAY, JANUARY 31, 2012 	 [SAKA 1933 
PART III 	 Acts of the West Bengal Legislature 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 145-L.-31st January, 2012.—The following Act of the West Bengal Legislature, having been assented to by 
the Governor, is hereby published for general information:— 
West Bengal Act XVII of 2011 
THE WEST BENGAL STAFF SELECTION COMMISSION 
ACT, 2011. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 31st January, 2012.] 
An Act to provide for constitution of the West Bengal Staff Selection Commission 
for direct recruitment of prescribed categories of posts and services in the State 
Government establishments and for matters connected therewith or incidental thereto. 
WHEREAS it is expedient to provide for constitution of the West Bengal Staff 
Selection Commission for direct recmitment of prescribed categories of posts and 
services in the State Government establishments and for matters connected therewith 
or incidental thereto; 
It is hereby enacted in the Sixty-second Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
Short title and 
commencement. 1. (1) This Act may be called the West Bengal Staff Selection Commission 
Act, 2011. 
2 	 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 31, 2012 	 [PART III 
The West Bengal Staff Selection Commission Act, 2011. 
(Sections 2-4.) 
(2) It shall come into force on such date as the State Government may, by notification 
in the Official Gazette, appoint. 
Definitions. 	 2. In this Act, unless the context otherwise requires,— 
(a) "Appointing authority", in relation to a Government servant, means— 
(i) the authority empowered to make appointments to the services of 
which the Government servant is for the time being a member or to 
the grade of the service in which the Government servant is for the 
time being included, or 
(ii) the authority empowered to make appointments to the post which 
the Government servant for the time being holds, or 
(iii) the authority which appointed the Government servant to such 
service, grade or post, as the case may be, or 
(iv) where the Government servant having been a permanent member 
of any other service or having substantially held any other permanent 
post, has been in continuous employment of the Government, the 
authority which appointed him to such service or to any grade in 
that service or to that post, 
whichever authority is the highest authority; 
(b) "Commission" means the West Bengal Staff Selection Commission; 
(c) "Direct recruitment" means the method of recruitment provided under 
the rules regulating the recruitment to the post and services under the 
Government of West Bengal as may be specified, by notification; 
(d) "member" means a member of the Commission and includes the 
Chairperson; 
(e) "notification" means a notification published in the Official Gazette; 
(f) "prescribed" means prescribed by rules made under the Act; 
(g) "regulations" means regulation made under section 14; 
(h) "Secretary-cum-Controller of Examinations" means the Secretary-cum-
Controller of Examinations of the Commission; 
(i) "State Government" means the Government of West Bengal. 
Constitution of 
Commission. 
Appointment, and 
tern s and 
conditions of 
service of 
members. 
3. (1) The State Government shall, with effect from such date as it may, by 
notification, appoint, constitute a Commission by the name of the West Bengal Staff 
Selection Commission. 
(2) The West Bengal Staff Selection Commission shall consist of a Coairperson 
and not more than two members. The Chairperson shall be administrative ft:ad of the 
Commission and shall have the powers of the Head of the Department. 
(3) The place of sitting of the Commission and its jurisdiction shall be such as the 
State Government may, by notification, specify. 
(4) The Commission may have one or more regional offices at such places, which 
the State Goverment may, by notification, specify. The functions of the regional offices 
shall be such as may be specified in the regulations. 
(5) The Commission shall function under the administrative control of the State 
Government in the Department of Personnel and Administrative Reforms. 
4. (1) The Chairperson and other members of the Commission shall be appointed 
by the State Government. 
(2) The Chairperson and other members of the Commission shall hold office for a 
period of five years or till he attains 	 age of 62 years, whichever is earlier. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 31, 2012 	 3 
The West Bengal Staff Selection Commission Act, 2011. 
(Sections 5, 6.) 
(3) In case an officer appointed as Chairperson or member of the Commission 
retires on superannuation before completing the tenure of five years, he shall be deemed 
to be on re-employment for the remaining period of tenure subject to maximum of his 
attainment of the age of superannuation i.e. 62 years. 
(4) If the office of the Chairperson or any other member becomes vacant by reason 
of resignation or otherwise or if the Chairperson is, by reason of absence or for any 
other reason, unable to perform the duties of the Chairperson and other members, as 
the case may be, those duties shall be performed by such other members as the State 
Government may appoint in this behalf 
(5) The Chairperson and any other member may resign from his office by writing 
under his hand addressed to the State Government, but he shall continue in office until 
his resignation is accepted by the State Government, or the Central Government, as the 
case may be, in accordance with the provisions of relevant service rules, if any. 
(6) The terms and conditions of service of the Chairperson and members shall be 
such as may be prescribed. 
Staff of 
Commission. 
Functions of 
Commission. 
5. (1) The staff of the Commission shall consist of— 
(a) a Secretary-cum-Controller of Examinations who shall be appointed 
by the State Government, and 
(b) such other employees as the State Government may appoint from 
time to time against the posts sanctioned by the Government. 
(2) The salary of the Secretary-cum-Controller of Examinations and other 
employees of the Commission shall be such as may be determined by the State 
Government. 
(3) The other terms and conditions of service of— 
(a) the Secretary-cum-Controller of Examinations shall be such as may be 
prescribed; 
(b) other employees of the Commission shall be such as may be provided for 
by the regulations. 
6. (1) Notwithstanding anything contained in any other law for the time being in 
force and subject to the provisions of sub-section (3), it shall be duty of the Commission 
to select persons for direct recruitment to such categories of posts and services in the 
State Government establishments as may be prescribed: 
Provided that for selection of persons for appointment to the posts and services, the 
Commission shall be aided by two persons nominated by the concerned appointing 
authorities at the stage of interview. 
(2) It shall be the duty of the Commission to perform such other functions as the 
State Government may, by notification, specify. These types of functions may include 
Departmental Examinations for promotion, if any, to the categories of posts for which 
Commission makes the recruitment, periodical typing test in English and Bengali on 
computer and advice the State Government on such matter as may be referred to it. 
(3) Nothing in this section shall apply to direct recruitments to the posts or services, 
which are— 
(a) required to be made through the Public Service Commission, West Bengal; 
(b) filled up from the candidates belonging to the exempted categories which 
has been declared or is declared by the State Government by notification 
issued in exercise of the power conferred by section 3 of the West Bengal west Ben. Act 
Regulation of Recruitment in State Government Establishments and 	 xlv of 1999. 
Establishments of Public Undertaking, Statutory Bodies, Government 
Companies and Local Authorities Act, 1999; 
(c) excluded from the purview of this Act by the State Government by 
notifications. 
4 	 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 31, 2012 	 [PART III 
The West Bengal Staff Selection Commission Act, 2011. 
(Sections 7-13.) 
Manner of 
selection of 
persons and 
procedure for 
conduct of 
business of 
Commission, and 
certain special 
provisions of 
intimation of 
vacancies to 
Commission and 
advertisement. 
Power to call for 
records. 
Members etc. to 
be public servants. 
Validation. 
Power to make 
rules. 
7. (1) The manner of selection of persons for appointment to the posts and services 
as prescribed under sub-section (1) of section 6, shall be such as may be provided for 
by the regulations. 
(2) The procedure for conduct of business of the Commission shall be such as may 
be provided for by the regulations. 
(3) In particular and without prejudice to the provisions of sub-section (2), the 
Department of the State Government or the Head of such Departments shall every year 
intimate the Commission the number of vacancies including those anticipated in 
course of the year within such time, and in such manner, as may be provided for by 
regulations. 
(4) On receipt of intimations of vacancies under sub-section (3), the Secretary-
cum-Controller of Examinations of the Commission shall, in consultation with the 
Chairperson, issue an advertisement in the leading local newspapers inviting applications 
from eligible candidates for appearing in the direct recruitment in such manner as may 
be provided for by regulations. 
8. Notwithstanding anything contained in any other law for the time being in 
force, recruitment to the posts and services, except the post or services falling under 
sub-section (3) of section 6, shall be made on the recommendation of the Commission. 
9. The Commission may, for the purpose of discharging its functions of selecting 
persons for direct recruitment to the posts and services in the State Government 
establishments as prescribed under sub-section (1) of section 6, levy such fees as may 
be provided for by regulations: 
Provided that the candidates belonging to Scheduled Castes and Scheduled Tribes 
shall be exempted from paying such examination fees. 
10. The Commission may call for any record, report or information from any 
appointing authority or the State Government, if in its opinion, such record, report and 
information is necessary for efficient discharge of its functions and the concerned 
authorities shall furnish such record, report or information to the Commission. 
11. The Chairperson and other members and persons appointed under the Act shall, 
while acting or purporting to act under this Act, be deemed to be public servants within 
the meaning of section 21 of the Indian Penal Code. 	 45 of I 860.  
12. The proceedings of the Commission shall not be invalidated by reasons of any 
vacancy in the office of the Chairperson or any other member. 
13. (1) The State Government may, by notification, make rules for carrying out 
the purposes of this Act. 
(2) In particular and without prejudice to the generality of the foregoing provisions 
of sub-section (I), such rules may provide for all or any of the following matters: 	  
(a) the terms and conditions of the service of Chairperson and other members 
of the Commission under sub-section (6) of section 4; 
(b) the terms and conditions of service of the Secretary-cum-Controller of 
Examinations of the Commission under clause (a) of sub-section (3) of 
section 5; 
(c) any other matter which may be or is required to be prescribed. 
(3) Every rule made under this section shall, as soon as may be after it is made, be 
laid before the State Legislature. 
Effect of 
recommendations 
of Commission. 
Fees. 
PART III] 
	
THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 31, 2012 	 5 
The West Bengal Staff Selection Commission Act, 2011. 
(Sections 14-17.) 
Power to make 
regulations. 
Direction by State 
Government. 
Dissolution of 
Commission. 
Power to remove 
difficulties. 
14. (1) The Commission may, with the previous approval of the State Government, 
make regulations, not inconsistent with the provisions of this Act or the rules made 
thereunder, for discharging the functions of the Commission under this Act. 
(2) In particular and without prejudice to the generality of the foregoing power, 
such regulations may provide for all or any of the matters: 
(a) the terms and conditions of service of the employees of the Commission 
under clause (b) of sub-section (3) of section 5; 
(b) the manner of selection of persons for appointment and the procedure for 
the conduct of business of the Commission under section 7; 
(c) the levy of fee under section 9. 
15. In the discharge of its functions, the Commission shall be guided by such 
directions not inconsistent with the provisions of this Act, as may be given to it by the 
State Government from time to time. 
16. (1) If the State Government is of the opinion that the Commission has failed 
to discharge its functions under this Act in accordance with the provisions of this Act, 
the State Government may, by an order published in the Official Gazette, and stating 
the reasons therefor, dissolve the Commission with effect from such date as may be 
specified in the order. 
(2) Upon dissolution of the Commission under sub-section (1), all the members of 
the Commission shall be deemed to have vacated their respective offices with effect 
from the date of such dissolution. 
(3) The State Government may, at any time after the dissolution of the Commission 
under sub-section (1), reconstitute the Commission in accordance with the provisions 
of this Act. 
17. If any difficulty arises in giving effect to any of the provisions of this Act, the 
State Government may, by order, not inconsistent with the provisions of this Act, remove 
the difficulty: 
Provided that no such order shall be made after the expiry of two years from the 
date of coming into force of this Act. 
By order of the Governor, 
B. K. SRIVASTAVA, 
Secy.-in-charge to the Govt. of West Bengal. 
Law Department. 
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. 
(Government of West Bengal Enterprise), Kolkata 700 056. 

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