The West Bengal Scheduled Castes And Scheduled Tribes ( Identification ) Act, 1994

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXXVIII of 1994 
THE WEST BENGAL SCHEDULED CASTES AND 
SCHEDULED TRIBES (IDENTIFICATION) 
ACT, 1994. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 3rd August, 1994.] 
[3rd August, 1994.] 
An Act to provide for the identification of the Scheduled Castes and 
the Scheduled Tribes in West Bengal and for matters connected 
therewith or incidental thereto. 
WHEREAS it is expedient to provide for the identification of the 
Scheduled Castes and the Scheduled Tribes in West Bengal and for 
matters connected therewith or incidental thereto; 
It is hereby enacted in the Forty-fifth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Scheduled Castes 
and Scheduled Tribes (Identification) Act, 1994. 
(2) It extends to the whole of West Bengal. 
. (3) It shall come into force on such date as the State Government 
may, by notification, appoint. 
Short title, 
extent and 
commence-
ment. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "Constitution" means the Constitution of India; 
(b) "notification" means a notification published in the Official 
Gazette; 
(c) "prescribed" means prescribed by rules made under this Act; 
(d) "Scheduled Castes" shall have the same meaning as in 
clause (24) of article 366 of the Constitution; 
(e) "Scheduled Tribes" shall have the same meaning as in 
clause (25) of article 366 of the Constitution; 
379 
The West Bengal Scheduled Castes and Scheduled•Tribes 
(Identification) Act, 1994. 
[West Ben. Act 
(Sections 3-6.) 
(f) "the Constitution (Scheduled Castes) Order" means the 
Constitution (Scheduled Castes) Order, 1950, made by the 
President in exercise of the powers conferred by clause (1) 
of article 341 of the Constitution; 
(g) "the Constitution (Scheduled Tribes) Order" means the 
Constitution (Scheduled Tribes) Order, 1950, made by the 
President in exercise of the powers conferred by clause (1) 
of article 342 of the Constitution. 
Identification 	 3. Any person belonging to any of the castes, races or tribes or of members 	 parts of or groups within castes, races or tribes, specified in Part XBI of of Scheduled 
Castes. 	 the Schedule to the Constitution (Scheduled Castes) Order, and resident 
in the locality specified in relation to him in that Part of such Schedule, 
may be identified, by a certificate, to be a member of the Scheduled 
Castes. 
Identification 
of members 
of Scheduled 
Tribes. 
4. Any person belonging to any of the tribes or tribal communities 
or parts of or groups within tribes or tribal communities, specified in 
Part XII of the Schedule to the Constitution (Scheduled Tribes) Order, 
and resident in the locality specified in relation to him in that Part of 
such Schedule, may be identified, by a certificate, to be a member of the 
Scheduled Tribes. 
Issue of 	 5. A certificate under section 3 or section 4 may be issued,— certificate of 
identification. 	 (a) in the district, by the Sub-divisional Officer of the sub- 
division concerned, and 
(b) in Calcutta, by the District Magistrate, South 24-Parganas, 
or by such Additional District Magistrate, South 
24-Parganas, as may be authorised by the District Magistrate, 
South 24-Parganas, in this behalf. 
Explanation 1.—"Calcutta" shall mean the town of Calcutta as defined 
in section 3 of the Calcutta Police Act, 1866. 
Explanation LL—For the removal of doubt, it is hereby declared that 
for the purposes of this Act, the District Magistrate, South 24-Parganas, 
or the Additional District Magistrate, South 24-Parganas, authorised by 
the District Magistrate, South 24-Parganas, under clause (b) of this 
section, shall have jurisdiction over Calcutta. 
Ben. Act IV 
of 1866. 
Procedure of 
issue of 
certificate. 
6. A certificate under this Act may be issued on application by the 
person requiring the certificate under this Act in such form and manner, 
and upon production of such evidence, as may be prescribed. 
380 
The West Bengal Scheduled Castes and Scheduled Tribes 
(Identification) Act, 1994. 
XXXVIII of 1994.1 
(Sections 7-9.) 
7. If the Sub-divisional Officer or the District Magistrate, South 
24-Parganas, or the Additional District Magistrate, South 24-Parganas, 
authorised by the District Magistrate, South 24-Parganas, under 
clause (b) of section 5, as the case may be (hereinafter referred to as the 
certificate issuing authority), is not satisfied with the evidence produced 
by any person under section 6 and the rules made thereunder for the 
issue of a certificate under section 5, he may refuse, in writing, to issue 
such certificate after giving such person a reasonable opportunity of 
being heard. 
Power to 
refuse to 
issue 
certificate. 
8. (1) An appeal against any refusal under section 7 to issue any Appeal 
certificate shall lie— 	 against 
refusal to 
issue (a) to the. District Magistrate, or the Additional District certificate. 
Magistrate authorised by the District Magistrate in this 
behalf, where the certificate is refused by the Sub-divisional 
Officer, and 
(b) to the Commissioner, Presidency Division, where the 
certificate is refused by the District Magistrate, South 
24-Parganas, or the Additional District Magistrate, South 
24-Parganas, authorised by the District Magistrate, South 
24-Parganas, under clause (b) of section 5, as the case 
may be: 
Provided that every such appeal shall be made in such manner and 
within such time as may be prescribed: 
Provided further that every such appeal shall be disposed of within 
three months from the date on which the appeal is made: 
Provided also that no such appeal shall be disposed of without giving 
the appellant a reasonable opportunity of being heard. 
(2) The decision of the District Magistrate or the Additional District 
Magistrate or the Commissioner, Presidency Division, as the case may 
be on any appeal under sub-section (1) shall be final. 
9. If the certificate issuing authority is satisfied that a certificate Power to 
under this Act has been obtained by any person by 	 g furnishin an 	 cancel, y impound or 
false information or by misrepresenting any fact or by suppressing any revoke ' 
material information or by producing any document which is an act certificate.  
of forgery, it may cancel, impound or revoke such certificate in such 
manner as may be prescribed. 
381 
The West Bengal Scheduled Castes and Scheduled Tribes 
(Identification) Act, 1994. 
[West Ben. Act XXXVIII of 1994.] 
(Sections 10-12.) 
Offences and 	 10. Whoever— penalties. 
(a) knowingly furnishes any false information, or 
(b) knowingly misrepresents any fact, or 
(c) knowingly suppresses any material information, or 
(d) knowingly produces any document which is an act of forgery, 
with a view to obtaining a certificate under this Act, shall be punishable 
with imprisonment for a term which may extend to six months or with 
fine which may extend to two thousand rupees or with both. 
Validation 	 11. Notwithstanding anything contained in this Act, any certificate of certificate. identifying any person to be a member of the Scheduled Castes or the 
Scheduled Tribes, issued by any authority, competent under any law for 
the time being in force to issue such certificate, prior to the commencement 
of this Act, shall be valid and shall be deemed to have been issued under 
this Act unless such certificate is proved to have been obtained by 
furnishing any false information or by misrepresenting any fact or by 
suppressing any material information or by producing any document 
which is an act of forgery, and in every such case, the certificate issuing 
authority shall have the power to cancel, impound or revoke such 
certificate in accordance with the provisions of this Act and the rules 
made thereunder. 
Power to 
make rule. 
12. (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 power, such rules may provide for all or any of the matters 
which, under any provision of this Act, are required to be prescribed or 
to be provided for by rules. 
    
382 

‹ Prev All West Bengal acts Next ›