West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act,1976 (PDF) West Bengal Scheduled Castes And Scheduled Tribes (Reservation of Vacancies in Services And Posts) Act, 1976 1. Short title, extent and commencement. 2. Definitions. 3. Act not to apply in relation to certain employments. 4. Reservation for Scheduled Castes and Scheduled Tribes in vacancies to be filled up by direct recruitment. 5. Reservation for Scheduled Castes and Scheduled Tribes in vacancies to be filled up by promotion. 5A. Certificate of identification. 6. Dereservation of reserved vacancy. 6A. Commissioner for Reservation. 6B. District Commissioner for Reservation. 6C. Territorial jurisdiction. 7. Penalty. 8. Cognizance of offences. 9. Protection of action taken in good faith. 10. Removal of difficulties. 11. Power to amend the Schedule. 12. Submission of annual report, maintenance of other records and inspection thereon. 13. Power to make rules. The West Bengal Scheduled Castes And Scheduled Tribes (Reservation of Vacancies in Services And Posts) Act, 1976

West Bengal Act 27 of 1976

WB616

[5th May, 1976.]

Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, dated the 5^thMay, 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 as follows :-

Short title, extent and commencement.- (1) This Act may be called the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976.

(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 theOfficial Gazette, appoint.

Definitions.- 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;

[(aa) "cadre" means the strength of a service or a part of a service sanctioned as a separate unit;]

(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 also other educational institutions which are owned or aided by the State Government and also includes an establishment in public sector;

(i) the State Government or any department of the State Government,

(ii) a Government company as defined in section 617 of the 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 [Schedule] appended to this Act.

[(f) "single post cadre" means a cadre which has the strength of one post only.]

Act not to apply in relation to certain employments.- 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;

[* * * * * * * * *]

(d) any employment in private sector;

(e) any employment in domestic service.

[(f) any employment in single post cadre.]

Reservation for Scheduled Castes and Scheduled Tribes in vacancies to be filled up by direct recruitment.- [(1) 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 [twenty-two per cent] of the vacancies shall be reserved for candidates belonging to Scheduled Castes and [six per cent.] for candidates belonging to Scheduled Tribes, in the manner set out [in Schedule I:]

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:

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 not be charged] 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.

[(2) The number of any Scheduled Caste or Scheduled Tribe candidate qualifying on merit for appointment to any unreserved vacancy in a service or post in any establishment to be filled up by direct recruitment shall not be deducted from the quota reserved in such service or post for such candidate under sub-section (1).]

Reservation for Scheduled Castes and Scheduled Tribes in vacancies to be filled up by promotion.- Reservation for members of the Scheduled Castes and the Scheduled Tribes in vacancies to be filled up by promotion in any establishment shall be regulated in the following manner, namely :-

(a) there shall be reservation at [twenty-two per cent.] for members of the Scheduled Castes and [six per cent.] for members of the [Scheduled Tribes in the manner set out in Schedule II:]

[Provided further that the member of any Scheduled Caste or Scheduled Tribe employee appointed on promotion to any unreserved vacancy in a service or post in any establishment to be filled up by promotion shall not be deducted from the quota reserved in such service or post for the members of the Scheduled Castes or the Scheduled Tribes under this section;]

[(b) there shall be no reservation in any post carrying the grade pay exceeding Rs. 8,700;]

[(c) a separate fifty-point roster shall be maintained by every establishment in the manner set out in the Schedule.]

[5A. Certificate of identification. - A candidate who claim to be a member of the Scheduled Castes or the Scheduled Tribes shall support his candidature by a certificate of identification in accordance with the provisions of the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994.]

[6. Dereservation of reserved vacancy. - (1) There shall be no dereservation of any reserved vacancy by any appointing authority in any post in an establishment which is required to be filled up by direct recruitment. In the absence of qualified Scheduled Caste or Scheduled Tribe candidate, as the case may be, to fill up such vacancy, such vacancy shall remain unfilled.]

(2) Notwithstanding anything contained in sub-section (1), if, in the public interest, it is necessary to fill up any vacancy as aforesaid remaining unfilled on account of non-availability of a qualified Scheduled Caste or Scheduled Tribe candidate, as the case may be, the appointing authority shall refer the vacancy to the State Government for dereservation. Upon such reference, the State Government may, if it is satisfied that it is necessary or expedient so to do, by order, dereserve the vacancy, subject to the condition that the reservation against the vacancy so dereserved shall be carried forward against the subsequent unreserved vacancy [available at the time of passing the order dereservation or any unreserved vacancy which shall occur in future.]

[Provided that the State Government may, if it is satisfied that the appointing authority by genuine mistake or on account of an error of judgement or owing to ignorance has filled up any reserved vacancy otherwise than by a candidate for whom the vacancy is reserved and that there has been no mala fide intention in this regard on the part of the appointing authority, by order in writing, regularise the appointment, if so applied for by the appointing authority, on the basis of the carry forward principle. In such case, reservation against the reserved vacancy already filled up otherwise than by a candidate belonging to Scheduled Caste or Scheduled Tribe for whom the vacancy was originally reserved, shall, -

(a) if such vacancy relates to an establishment other than the establishment in universities and colleges affiliated to the universities, primary and secondary schools and also other educational institutions which are owned or aided by the State Government, be carried forward to the nearest unreserved vacancy available at the time of consideration of any application; or

(b) if such vacancy relates to an establishment in universities and colleges affiliated to the universities, primary and secondary schools and also other educational institutions which are owned or aided by the State Government, be carried forward to the nearest unreserved vacancy available at the time of consideration of any application or to any unreserved vacancy which shall occur in future:]

[Provided further that the State Government may, if it considers it necessary or expedient so to do, by notification in the Official Gazette, empower any other authority not below the rank of District Magistrate and District Commissioner for Reservation to exercise the power of the State Government to dereserved a reserved vacancy under this sub-section.]

[(2A) The appointing authority shall, for the purposes of sub-section (2), make an application to the State Government in such Form, and in such manner, as may be prescribed by the State Government.]

[(3) Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act, if, in the public interest, it is necessary or expedient to fill up any vacancy in any post in any primary, secondary or higher secondary school in any district owned or aided by the State Government, caused by deputation or leave of the incumbent of that post for a period not exceeding ten months and remaining unfilled on account of non-availability of a qualified Scheduled Caste or Scheduled Tribe candidate, as the case may be, the appointing authority may refer the vacancy to the District Commissioner for Reservation, referred to in sub-section (1), or sub-section (1A), as the case may be, of section 6B, for that district for dereservadon. Upon such reference, the District Commissioner for Reservation as aforesaid may, if he is satisfied that it is necessary or expedient so to do, by order, dereserve the vacancy, subject to the condition that the reservation against the vacancy so dereserved shall be carried forward against the subsequent unreserved vacancy in any such post caused by such deputation or leave for such period.]

[6A. Commissioner for Reservation. - (1) The State Government may appoint any officer, not below the rank of Secretary to the Government of West Bengal, to be the Commissioner for Reservation, West Bengal (hereinafter referred to as the Commissioner).

Explanation. - Secretary shall include a Special Secretary.

(2) The Commissioner shall be responsible for ensuring reservation of vacancies in services and posts for the members of the Scheduled Castes and the Scheduled Tribes under this Act by an appointing authority -]

(a) having territorial jurisdiction throughout West Bengal, or

[(a1) having its offices and fixed territorial jurisdiction in Calcutta, or]

(b) having its offices in Calcutta without having any fixed territorial jurisdiction.

Explanation. - "Calcutta" shall mean the town of Calcutta as defined in section 3 of the Calcutta Police Act, 1866.

[(2A) (a) The State Government may appoint an officer, not below the rank of Joint Secretary to the Government of West Bengal, to be the Joint Commissioner for Reservation, West Bengal (hereinafter referred to as the Joint Commissioner), an officer, not below the rank of Deputy Secretary to the Government of West Bengal, to be the Deputy Commissioner for Reservation, West Bengal (hereinafter referred to as the Deputy Commissioner), and an officer, not below the rank of Assistant Secretary to the Government of West Bengal, to be the Assistant Commissioner for Reservation, West Bengal (hereinafter referred to as the Assistant Commissioner).

(b) The Joint Commissioner, the Deputy Commissioner, and the Assistant Commissioner shall have the powers of the Commissioner for the purposes of this Act, subject to superintendence and control of the Commissioner.]

(3) If any appointing authority referred to in sub-section (2) contravenes any provision of this Act and thereby commits an offence punishable under section 7, the Commissioner or any officer, not below the rank of [an Inspector of Backward Classes Welfare Department,] authorised by him in this behalf, may file a complaint in any Court having jurisdiction against such appointing authority, and thereupon such Court shall subject to the provisions of section 8, take cognizance of such offence.

[(4) Where a complaint is filed in any Court having jurisdiction against an appointing authority under sub-section (3) for contravening any provision of this Act and thereby committing an offence punishable under section 7, the burden of proof that no contravention of any provision of this Act has been made by him, shall lie with him.]

[6B. District Commissioner for Reservation. - The State Government may appoint any District Magistrate of a district to be the District Commissioner for Reservation for that district (hereinafter referred to as the District Commissioner).

Explanation. - "District Magistrate" shall include an Additional District Magistrate.]

[* * * * * * * * * * *]

(2) The District Commissioner shall be responsible for ensuring reservation of vacancies in services and posts for the members of the Scheduled Castes and the Scheduled Tribes under this Act by an appointing authority -

(a) having territorial jurisdiction in the whole, or any part, of the district, or

(b) having no fixed territorial jurisdiction in the district, but having his office in the district to which the jurisdiction of the District Commissioner extends.

(3) If any appointing authority referred to in sub-section (2) contravenes any provision of this Act and thereby commits an offence punishable under section 7, the District Commissioner or any officer not below the rank of [an Inspector of Backward Classes Welfare Department,] authorised by him in this behalf, may file a complaint in any Court having jurisdiction against such appointing authority, and thereupon such court shall, subject to the provisions of section 8, take cognizance of such offence.

[6C. Territorial jurisdiction. - For the purposes of sections 6A and 6B, -

(a) territorial jurisdiction shall, in relation to an appointing authority, mean the area to which its administrative jurisdiction extends; and

(b) an appointing authority, whose administrative jurisdiction does not extend to any fixed area, shall be deemed to be an appointing authority without having any fixed territorial jurisdiction.]

Penalty.- If an appointing authority makes an appointment in contravention of the provisions of section 4 or section 5, [or fails to maintain records, or to furnish the annual return, referred to in sub-section (1) of section 12, he shall be punishable with imprisonment for a term of five years, or with fine of two thousand and five hundred rupees, or with both:]

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.

Cognizance of offences.- No prosecution for an offence under this Act shall be instituted except by, or with the sanction of, the State Government.
Protection of action taken in good faith.- 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.
Removal of difficulties.- 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.
Power to amend the Schedule.- The State Government may, by order published in theOfficial Gazette, add to, amend or alter [any Schedule.]
Submission of annual report, maintenance of other records and inspection thereon.- (1) Every appointing authority shall maintain such records [and documents] 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 [year reckoned according to British calendar.]

(2) Any officer authorised by the State Government in that behalf may inspect any records of 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 Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980,] 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.

Power to make rules.- (1) The State Government may 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 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.

[Schedule I]

(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 one hundred vacancies] will be necessary to give effect to the reservation of vacancies for the Scheduled Castes and the Scheduled Tribes [for direct recruitment]. The roster given below shall be adopted for the purpose by each establishment.

1^st vacancy	Scheduled Caste
2^nd vacancy	Unreserved
3^rd vacancy	Unreserved
4^th vacancy	Scheduled Tribe
5^th vacancy	Unreserved
6^th vacancy	Unreserved
7^th vacancy	Scheduled Caste
8^th vacancy	Unreserved
9^th vacancy	Unreserved
10^th vacancy	Unreserved
11^th vacancy	Scheduled Caste
12^th vacancy	Unreserved
13^th vacancy	Unreserved
14^th vacancy	Unreserved
15^th vacancy	Scheduled Caste
16^th vacancy	Unreserved
17^th vacancy	Unreserved
18^th vacancy	Scheduled Caste
19^th vacancy	Unreserved
20^th vacancy	Unreserved
21^st vacancy	Scheduled Caste
22^nd vacancy	Unreserved
23^rd vacancy	Unreserved
24^th vacancy	Scheduled Tribe
25^th vacancy	Unreserved
26^th vacancy	Unreserved
27^th vacancy	Unreserved
28^th vacancy	Scheduled Caste
29^th vacancy	Unreserved
30^th vacancy	Unreserved
31^st vacancy	Unreserved
32^nd vacancy	Scheduled Caste
33^rd vacancy	Unreserved
34^th vacancy	Unreserved
35^th vacancy	Unreserved
36^th vacancy	Scheduled Caste
37^th vacancy	Unreserved
38^th vacancy	Unreserved
39^th vacancy	Unreserved
40^th vacancy	Scheduled Caste
41^th vacancy	Unreserved
42^nd vacancy	Unreserved
43^rd vacancy	Scheduled Caste
44^th vacancy	Unreserved
45^th vacancy	Unreserved
46^th vacancy	Unreserved
47^th vacancy	Scheduled Caste
48^th vacancy	Unreserved
49^th vacancy	Unreserved
[50^th vacancy]	Unreserved
51^st vacancy	Scheduled Caste
52^nd vacancy	Unreserved
53^rd vacancy	Unreserved
54^th vacancy	Scheduled Tribe
55^th vacancy	Unreserved
56^th vacancy	Unreserved
57^th vacancy	Scheduled Caste
58^th vacancy	Unreserved
59^th vacancy	Unreserved
60^th vacancy	Unreserved
61^st vacancy	Scheduled Caste
62^nd vacancy	Unreserved
63^rd vacancy	Unreserved
64^th vacancy	Unreserved
65^th vacancy	Scheduled Caste
66^th vacancy	Unreserved
67^th vacancy	Unreserved
68^th vacancy	Scheduled Caste
69^th vacancy	Unreserved
70^th vacancy	Unreserved
71^st vacancy	Scheduled Caste
72^nd vacancy	Unreserved
73^rd vacancy	Unreserved
74^th vacancy	Scheduled Tribe
75^th vacancy	Unreserved
76^th vacancy	Unreserved
77^th vacancy	Unreserved
78^th vacancy	Scheduled Caste
79^th vacancy	Unreserved
80^th vacancy	Unreserved
81^st vacancy	Unreserved
82^nd vacancy	Scheduled Caste
83^rd vacancy	Unreserved
84^th vacancy	Unreserved
85^th vacancy	Unreserved
86^th vacancy	Scheduled Caste
87^th vacancy	Unreserved
88^th vacancy	Unreserved
89^th vacancy	Unreserved
90^th vacancy	Scheduled Caste
91^st vacancy	Scheduled Caste
92^nd vacancy	Unreserved
93^rd vacancy	Scheduled Tribe
94^th vacancy	Unreserved
95^th vacancy	Unreserved
96^th vacancy	Unreserved
97^th vacancy	Scheduled Caste
98^th vacancy	Unreserved
99^th vacancy	Unreserved
100^th vacancy	Unreserved

OLD LAW 6

(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 5^th point, recruitment in the subsequent year shall begin at the next, point, i.e. at the 6^th point.

[* * * * * * * * * * * * *]

(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.

[* * * * * * * * * * * * *]

[Schedule II]

(See section 5.)

The reservation for the members of the Scheduled Castes and the Scheduled Tribes in vacancies to be filled up by promotion in an establishment shall be given effect to in the following manner, namely :-

(i) A roster of fifty vacancies will be necessary to give effect to the reservation for the members of the Scheduled Castes and the Scheduled Tribes in vacancies to be filled up. The roster given below shall be adopted for the purpose by each establishment.

1^st vacancy	Scheduled Caste
2^nd vacancy	Unreserved
3^rd vacancy	Unreserved
4^th vacancy	Scheduled Tribe
5^th vacancy	Unreserved
6^th vacancy	Unreserved
7^th vacancy	Scheduled Caste
8^th vacancy	Unreserved
9^th vacancy	Unreserved
10^th vacancy	Unreserved
11^th vacancy	Scheduled Caste
12^th vacancy	Unreserved
13^th vacancy	Unreserved
14^th vacancy	Unreserved
15^th vacancy	Scheduled Caste
16^th vacancy	Unreserved
17^th vacancy	Unreserved
18^th vacancy	Scheduled Caste
19^th vacancy	Unreserved
20^th vacancy	Unreserved
21^st vacancy	Scheduled Caste
22^nd vacancy	Unreserved
23^rd vacancy	Unreserved
24^th vacancy	Scheduled Tribe
25^th vacancy	Unreserved
26^th vacancy	Unreserved
27^th vacancy	Unreserved
28^th vacancy	Scheduled Caste
29^th vacancy	Unreserved
30^th vacancy	Unreserved
31^st vacancy	Unreserved
32^nd vacancy	Scheduled Caste
33^rd vacancy	Unreserved
34^th vacancy	Unreserved
35^th vacancy	Unreserved
36^th vacancy	Scheduled Caste
37^th vacancy	Unreserved
38^th vacancy	Unreserved
39^th vacancy	Unreserved
40^th vacancy	Scheduled Caste
41^th vacancy	Unreserved
42^nd vacancy	Unreserved
43^rd vacancy	Scheduled Caste
44^th vacancy	Unreserved
45^th vacancy	Unreserved
46^th vacancy	Unreserved
47^th vacancy	Scheduled Caste
48^th vacancy	Unreserved
49^th vacancy	Unreserved
50^th vacancy	Unreserved

(ii) A register shall be maintained for giving effect to the instructions contained in paragraph (i).

(iii) Before giving any promotion, 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 a promotion is given, 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 promotion in a particular year stops at a particular point of the cycle, say, at the 5th point, promotion in the subsequent year shall begin at the next point, that is, at the 6th point.

(v) The roster shall be maintained separately for permanent and temporary vacancies.

(vi) A vacancy due to whatever cause, except termination of service during probation, shall be treated as a fresh vacancy.

West Bengal