The West Bengal Scheduled Castes And Scheduled Tribes ( Reservation Of Vacancies In Services And Posts ) Act, 1976

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GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Bengal Act XXVII of 1976
THE WEST BENGAL SCHEDULED CASTES AND
SCHEDULED TRIBES (RESERVATION OF
VACANCIES IN SERVICES AND POSTS)
ACT, 1976.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta
Gazette, Extraordinary, of the 5th May, 1976.]
[5th May, 1976.]
An Act to provide for the reservation of vacancies in services
and posts for the members of the Scheduled Castes and Scheduled
Tribes.
WHEREAS the members of the Scheduled Castes and Scheduled
Tribes who are backward classes of citizens are not adequately
represented in the services and posts within the State;
AND WHEREAS it is expedient to provide for the reservation of
vacancies in services and posts for them;
It is hereby enacted in the Twenty-seventh Year of the Republic of
India, by the Legislature of West Bengal, as follows:-
1. (I) This Act may be called the West Bengal Scheduled Castes Short title,
and Scheduled Tribes (Reservation of Vacancies in Services and Posts) cextenmtmed
Act, 1976. ment.
(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 in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) "appointing authority", in relation to a service or post in an
establishment, means the authority empowered to make
appointment to such service or post;
(b) "establishment" means any office of the State Government, a
local or statutory authority constituted under any State Act for
the time being in force, or a corporation in which not less than
fifty-one per cent. of the paid up share capital is held by the
State Government, and includes universities and colleges
affiliated to the universities, primary and secondary schools and
157
Definitions.
The West Bengal Scheduled Castes and Scheduled Tribes (Reservation
of Vacancies in Services and Posts) Act, 1976.
[West Ben. Act
(Sections 3, 4.)
also other educational institutions which are owned or aided by
the State Government and also includes an establishment in
public sector;
(c) "establishment in public sector" means any industry, trade,
business or occupation owned, controlled or managed by—
(i) the State Government or any department of the State
Government,
(ii) a Government company as defined in section 617 of the I of 1956.
Companies Act, 1956 or a corporation established by or
under a Central or State Act, in which not less than
fifty-one per cent. of the paid up share capital is held by
the State Government,
(iii) a local or statutory authority, constituted under any State
Act for the time being in force;
(d) "establishment in private sector" means any industry, trade,
business or occupation which is not an establishment in public
sector;
(e) "Schedule" means the Schedule appended to this Act.
Act not to
apply in
relation to
certain
employ-
ments.
Reservation
for
Scheduled
Castes and
Scheduled
Tribes in
vacancies
to be filled
up by direct
recruitment
3. This Act shall not apply in relation to,—
(a) any employment under the Central Government;
(b) any employment in the West Bengal Higher Judicial Service;
(c) any employment which in the opinion of the State Government
is of a scientific or technical nature;
(d) any employment in private sector;
(e) any employment in domestic service.
4.. After the commencement of this Act all appointments to services
and posts in an establishment which are to be filled up by direct
recruitment shall be regulated in the following manner, namely:—
(a) subject to the other provisions of this Act fifteen per cent. of the
vacancies shall be reserved for candidates belonging to
Scheduled Castes and five per cent. for candidates belonging to
Scheduled Tribes, in the manner set out in the Schedule:
Provided that the State Government may, from time to time,
by notification in the Official Gazette, increase the percentage
so, however, that the reservation shall not exceed twenty-five
per cent. in the case of Scheduled Castes and ten per cent. in
the case of Scheduled Tribes:
158
The West Bengal Scheduled Castes and Scheduled Tribes (Reservation
of Vacancies in Services and Posts) Act, 1976.
XXVII of 1976.]
(Sections 5, 6.)
Provided further that different percentages may be fixed by
the State Government for different districts in accordance with
the percentages of population of Scheduled Castes and
Scheduled Tribes in such districts:
Provided also that in respect of the West Bengal Civil
Service (Judicial), the percentage shall be ten for Scheduled
Castes and five for Scheduled Tribes;
(b) fees, if any, prescribed for any examination for selection to any
service or post shall be reduced to one-fourth in the case of
candidates belonging to the Scheduled Castes or the Scheduled
Tribes;
(c) the members of the Scheduled Castes and the Scheduled Tribes
shall be entitled to a concession of five years over the
prescribed maximum age limit for appointment to any service
Or post.
5. Reservation for members of the Scheduled Castes and the Reservation
Scheduled Tribes in vacancies to be filled up by promotion in any
Ln r. eduled establishment shall be regulated in the following manner, namely:— Castes and
Scheduled (a) there shall be reservation at fifteen per cent. for members of the Tribes in
Scheduled Castes and five per cent. for members of the vacancies
filledScheduled Tribes: up by
promotion.
6. If the State Government is of opinion that the reservation for Power to
members of the Scheduled Castes or Scheduled Tribes shall not be " empt"
applied to any particular service or post in view of the specialised
qualification or experience necessary, the State Government may, by
notification in the Official Gazette, exempt such service or post from the
provisions of this Act.
159
Provided that the State Government may, from time to time,
by notification in the Official Gazette, increase the percentage
so, however, that the reservation shall not exceed twenty-five
per cent. in the case of Scheduled Castes and ten per cent. in
the case of Scheduled Tribes;
(b) there shall be no reservation to any post of which the pay is in a
scale the maximum of which is Rs. 2,000 or more;
(c) a separate twenty-point roster in the form given in the Schedule
shall be maintained by every establishment.
The West Bengal Scheduled Castes and Scheduled Tribes (Reservation
of Vacancies in Services and Posts) Act, 1976.
[West Ben. Act
(Sections 7-12.)
7. If an appointing authority makes an appointment in
contravention of the provisions of section 4 or section 5, he shall be
punishable with fine which may extend to two hundred and fifty rupees:
Provided that nothing contained in this section shall apply in relation
to an appointment to any service or post of which the appointing
authority is the Governor.
8. No prosecution for an offence under this Act shall be instituted
except by, or with the sanction of, the State Government.
9. No suit, prosecution or other legal proceeding shall lie against
any person for anything which is in good faith done or intended to be
done under this Act.
10. If any difficulty arises in giving effect to the provisions of this
Act, the State Government may take such steps or issue such orders not
inconsistent with the provisions of this Act, as the State Government
may consider necessary for removing the difficulty.
11. The State Government may, by order published in the Official
Gazette, add to, amend or alter the Schedule.
12. (1) Every appointing authority shall maintain such records as
may be prescribed by rules made in this behalf and shall furnish to the
State Government in the prescribed manner an annual report on the
appointments made by it, during the previous financial year.
(2) Any officer authorised by the State Government in that behalf
may inspect any records or documents which are maintained in relation
to appointments made by such appointing authority.
(3) It shall be the duty of the appointing authority to produce such
records or documents for inspection by the officer authorised under
sub-section (2), and furnish such information or afford such assistance
as may be necessary for him to carry out his functions under this Act.
(4) Notwithstanding anything contained in the West Bengal
Government Servants' Conduct Rules, 1959, any member of any
Scheduled Castes or any Scheduled Tribes who is adversely affected on
account of the non-compliance with the provisions of this Act or the
rules made thereunder by any appointing authority, 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 think fit.
Penalty.
Cognizance
of offences.
Protection
of action
taken in
good faith.
Removal of
difficulties.
Power to
amend the
Schedule.
Submission
of annual
report,
maintenance
of other
records and
inspection
thereon.
160
The West Bengal Scheduled Castes and Scheduled Tribes (Reservation
of Vacancies in Services and Posts) Act, 1976.
XXVII of 1976.]
(Section 13.)
13. (1) The State Government may make rules for carrying out Power to
the purposes of this Act. make rules.
(2) In particular and without prejudice to the generality of the
foregoing power such rules may provide for all or any of the following
matters, namely:—
(a) form in which every establishment shall submit annual report to
the State Government regarding the number of persons
recruited in such establishment;
(b) any other matter which has to be or may be prescribed by rules
made in this behalf.
THE SCHEDULE
(See section 4.)
The reservation for the members of the Scheduled Castes and the
Scheduled Tribes in services or posts in an establishment shall be given
effect to in the following manner, namely:—
(i) A roster of twenty vacancies will be necessary to give effect
to the reservation of vacancies for the Scheduled Castes and
the Scheduled Tribes. The roster given below shall be
adopted for the purpose by each establishment.

1st vacancy Unreserved

2nd vacancy • • Ditto

3rd vacancy Scheduled Caste

4th vacancy Unreserved

5th vacancy Ditto

6th vacancy Ditto

7th vacancy • 6 Ditto

8th vacancy . . Scheduled Tribe

9th vacancy • • Unreserved

10th vacancy • • Ditto

11th vacancy Ditto

12th vacancy • • Ditto

13th vacancy • . Scheduled Caste

14th vacancy 4 4 Unreserved

15th vacancy • • Ditto

16th vacancy Ditto

17th vacancy • . Ditto

18th vacancy • • Scheduled Caste

19th vacancy • • Unreserved

20th vacancy • • Ditto
161
The West Bengal Scheduled Castes and Scheduled Tribes (Reservation
of Vacancies in Services and Posts) Act, 1976.
[West Ben. Act XXVII of 1976.]
(The Schedule.)
(ii) A register shall be maintained for giving effect to the
instructions contained in paragraph (i).
(iii) Before making an appointment by direct recruitment, the
appointing authority shall ascertain by consulting the register
whether the vacancy is reserved or unreserved and if it is
reserved, for whom it is so reserved. Immediately after an
appointment is made the particulars thereof shall be entered
in the register and signed by the appointing authority.
(iv) The roster is a running account from year to year and shall be
maintained accordingly. If recruitment in a particular year
stops at a particular point of the cycle, say at the 5th point,
recruitment in the subsequent year shall begin at the next
point, i.e., at the 6th point.
(v) No gap shall be left in the roster in filling vacancies and if a
reserved vacancy, say at the 6th point of the cycle, has, for
want of a qualified Scheduled Tribe candidate, to be treated
as unreserved, the candidate appointed shall be shown against
the point. An attempt shall be made at the time of filling each
successive unreserved vacancy to recruit a Scheduled Tribe
candidate but if a Scheduled Tribe candidate cannot still be
found in the year in which the vacancy is filled, the
reservation shall be carried forward to the following year.
The first unreserved vacancy in that year shall be reserved for
Scheduled Tribes in addition to any other vacancy available
to them according to the cycle.
(vi) In the absence of a qualified Scheduled Caste/Scheduled
Tribe candidate in a particular year, the vacancy shall be
carried forward for the next two years and need not be carried
beyond that period.
(vii) The roster shall be maintained separately for permanent and
temporary vacancies.
(viii) A vacancy due to whatever cause, except termination of
service during probation, shall be treated as a fresh vacancy.
(ix) A candidate who claims to be a member of the Scheduled
Castes or the Scheduled Tribes shall support his candidature
by a certificate from a Gazetted Officer or from such other
authority as may be prescribed by rules made under this Act.
162

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