WB SC & ST (Reservation of Vacancies in The Services and Post) Act, 1976 - B

GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
NOTIFICATION
No. 1079-L, —5th May 1976. —The following Act of the West Bengal Legislature, having
been assented to by the Governor, is hereby published for general information :
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]
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. 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
the Official Gazette, appoint1.
2. 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;
(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
1
15th Day of August, 1976 appointed as the date of effect vide Notification No. 370-TW/EC dated
14th August, 1976 published in the Calcutta Gazette, Extraordinary dated 14th Aug, 1976
1
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;
(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 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.
3. 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;
2
(c) Omitted;
(d) any employment in private sector;
(e) any employment in domestic service.
3
4. 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, —
4
(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.5
2
Vide West Bengal Act XLII of 1994 w. e. f. 16-1-1995
3
Vide West Bengal Act XLII of 1980
4
5
Vide West Bengal Act XXIV of 2000 w. e. f. 30-8-2000
2
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 charged6 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.
7
(2) The member 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).
5. 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 percent for members of the
Scheduled Tribes in the manner set out in Schedule II8.
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:
6
Vide West Bengal Act XXIV of 2000 w. e. f. 30-8-2000
7
8
Vide West Bengal Act XXIV of 2000
3
9
"Provided further that the number 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."
10
(b) "There shall be no reservation in any post in a scale of pay, the maximum of which
exceeds Rs. 18,300;"
11
(c) "A separate fifty-point roster shall be maintained by every establishment in the
manner set out in the Schedule."
12
5A. Certificate of identification: "A candidate who claims 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."
13
6. (1) There shall be no de-reservation 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.
13
(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 Tribes 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, de-reserve the vacancy, subject to the
condition that the reservation against the vacancy so dereserved shall be carried forward
against the subsequent unreserved vacancy."
14"Provided that the State Government may, if it is satisfied that the appointing authority
by genuine mistake or on account of an error of judgment 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
9
Vide West Bengal Act XXXI of 1983
10
Vide West Bengal Act XI of 2000 w. e. f. 01-01-1996
11
12
Vide West Bengal Act XV of 1996 w. e. f. 1-1-1996
13
4
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 be carried forward to the nearest un-reserved vacancy available at the
time of consideration of any application:
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 de-reserve a reserved vacancy under this sub-
section."
14
"(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."
15
"(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 dereservation. 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."
16
6A Commissioner for reservation: (1) The State Government may appoint any
officer, not below the rank of Secy to the Govt, of West Bengal, to be the Commissioner
for Reservation, West Bengal (hereinafter referred to as the Commissioner.)
14
Vide West Bengal Act XXIV of 2000 with immediate effect is Vide West Bengal Act XV of 1996.
15
Vide West Bengal Act XV of 1996.
16
5
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
17
(al) having its offices and fixed territorial jurisdiction in Calcutta, or";
(b) having its offices in Calcutta without having any fixed territorial jurisdiction.
(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.";
Explanation.—"Calcutta" shall mean the town of Calcutta as defined in section 3
of the Calcutta Police Act, 1866.
(3) If any appointing authority referred to in sub-section (2) contravenes any provision
of this Act and thereby commits an offence punishable under sec 7, the
Commissioner, or any Officer, not below the rank of an Inspector of Backward
Classes Welfare Department, 19 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 provision of section 8, take cognizance
of such offence.
18
(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."
17
Vide West Bengal Act XV of 1996
18
vide West Bengal Act XXIV of 2000 with immediate effect
6
22
6B. District Commissioner for Reservation. (1) 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.
19
(1A) "Omitted"
(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,20 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.
22
(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.
21
6C. Territorial jurisdiction. For the purposes of section 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.
22
7. 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
19
Vide West Bengal Act XXIV of 2000 with immediate effect
20
Vide West Bengal Act XXIV of 2000 with immediate effect
21
22
7
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.
8. Cognizance of offences: No prosecution for an offence under Act shall be instituted
except by, or with the sanction of, the State Government.
9. 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.
10. Removal of difficulties: If any difficulty arises in giving effect to the provision 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. Power to amend any Schedule. The State Government may, by order published in
the Official Gazette, add to, amend or alter any Scheduled.23
12. Submission of annual report, maintenance of other records and inspection
thereon: (1) Every appointing authority shall maintain such records and documents24 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 the British calendar.25
(2) Any officer authorized 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 Services (Duties, Rights and
Obligations of the Government Employees) Rules, 1980,26 any member of any
Scheduled Castes or any Scheduled Tribes who is adversely affected on account of the
23
Substituted Vide West Bengal Act XXIV of 2000 with immediate effect
24
Ins. vide West Bengal Act XXIV of 2000 with immediate effect
25
Words "financial year" subs, vide West Bengal Act XXIV of 2000 with immediate effect
26
Subs, for "West Bengal Government Servants' Conduct Rules, 1959" vide West Bengal Act
XXIV of 2000 with immediate effect.
8
non-compliance with the provisions of this Act or the rules made there under 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.
13. 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:
1st vacancy Scheduled Caste
2nd vacancy Unreserved
3rd vacancy Unreserved
4th vacancy Scheduled Tribe
5th vacancy Unreserved
7th vacancy Scheduled Caste
8 th vacancy Unreserved
15 th vacancy Scheduled Caste
23rd vacancy Unreserved*
31st vacancy Unreserved
32nd vacancy Scheduled Caste
9
**(i) A roster of one hundred vacancies1 will be necessary to give effect to the
reservation of vacancies for the Scheduled Castes and the Scheduled Tribes for direct
recruitment.2 The roster given below shall be adopted for the purpose by each
establishment:
43rd vacancy Scheduled Tribe
*[50th vacancy Unreserved
* Subs, for 50th vacancy vide West Bengal Act XXIV of 2000 with immediate effect.
10
100th vacancy Unreserved]
(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.
27
(v) Omitted;
28
(vi) Omitted;
(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.
29
(ix) Omitted.
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.
27
28
Vide West Bengal Act XLII of 1994 w. e. f. 16-M995
29
11
(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.
12
(iy) 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."
GOVERNMENT OF WEST BENGAL

LABOUR DEPARTMENT
Writers' Buildings, Kolkata - 700001
No. 240-EMP/1M-5/2.000 Dated: 02-08-2001
NOTIFICATION
In exercise of the powers conferred by Section 14, read with Sub-section (b) of Section 3
and Section 13 of the West Bengal Regulation of Recruitment in the State Governments
Establishments and Establishments of Public Undertakings, Statutory Bodies,
Government Companies and Local Authorities Act, 1999 (West Bengal Act XIV of 1999)
and with due regard to the 100-point roster introduced by the Backward Classes Welfare
Department, vide Notification No. 134-BCW/RC dated 25-03-99, in compliance with the
provision of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of
Vacancies in Services and Posts) Act, 1976 (West Bengal Act XXVII of 1976) and West
Bengal Commission for Backward Classes Act, 1993 (West Bengal Act I of 1993), the
Governor is pleased to prescribe following 100-point roster showing therein the points
reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes, persons with
disabilities and the Exempted Categories for the guidance of the appointing authorities :
MODEL 100-Point Roster of Vacancies
1st Vacancy Scheduled Caste
2nd Vacancy General
3rd Vacancy General (E. C.)
4th Vacancy Scheduled Tribe
5th Vacancy General
6th Vacancy General
7th Vacancy Scheduled Caste (E. C.)
8th Vacancy General
9th Vacancy Backward Class
10th Vacancy General (E. C.)
11th Vacancy Scheduled Caste
12th Vacancy General (persons with disability)
14 th Vacancy General
13
16 th Vacancy General (E. C.)
17th Vacancy General
22nd Vacancy General
31st Vacancy General
32nd Vacancy Scheduled Caste
33rd Vacancy General
42nd Vacancy General (Person with disabilities)
43rd Vacancy Scheduled Tribe (E. C.)
14
68 th Vacancy Scheduled Caste
69 th Vacancy Backward Class (E. C.)
72nd Vacancy General (Persons with disabilities)
74 th Vacancy Scheduled Tribe
78 th Vacancy Scheduled Caste (E. C.)
82nd Vacancy Scheduled Caste
89 th Vacancy Backward Class
90 th Vacancy Scheduled Caste
93rd Vacancy Scheduled Tribe (E. C.)
(E. C. means Exempted Categories)
2. The Governor is also pleased to direct that the reservation for persons with
disabilities/ as provided for under the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995 shall be implemented as follows:
Each of the (3) Three Points (12th, 42nd and 72nd) of the 100-point roster, reserved for
the persons with disabilities shall be filled up by persons suffering from (i) Blindness or
low vision, (ii) Hearing impairment and (iii) Locomotor disability or Cerebral Pasly -
respectively in order to ensure 1% (one per cent) reservation for each of the three
categories of persons with disabilities.
15
3. The Governor is further pleased to direct that (a) Vacancy in Group - 'C posts at any
point in each "Block of 20-points" of the aforesaid 100-point roster shall be filled up by an
Ex-servicemen irrespective of the Category like General/SC/ST/and BC (other than
Exempted Category) to which the candidate may belong; (b) vacancy in Group - 'D' post
at any point in each "Block of 10-points" of the aforesaid roster shall be filled up by an
Ex-serviceman irrespective of the category like General/SC/ST/ and BC (other than
Exempted Category) to which the candidate may belong.
Ex-Servicemen may be appointed against SC/ST/BC vacancies only if they belong to
SC/ST/BC, otherwise they may be appointed against "General" vacancies.
4. All appointing authorities should obtain names from Exempted Category Cell under
the Directorate of Employment, West Bengal, to fill up the vacancies meant for
Exempted Category candidates in the above roster except the cases of Employment on
compassionate ground, viz. death-in-harness and premature retirement due to
permanent incapacitation.
5. The relevant Notifications issued by the Finance Department relaxing upper age limits
for SC, ST, BC persons with disabilities, ex-servicemen and Exempted Category
candidates may be kept in view while calling for names from the sponsoring agencies
concerned and at the time of offering employment.
6. As no curtailment of existing percentage of reservation for SC, ST and BC can be
made, the reserved points for SC (E. C), ST (E. C.) and BC (E. C.) shall be filled up by
the Exempted Category Candidates belonging to SC, ST and BC only. In case of non-
availability of a suitable Exempted Category Candidate belonging to SC, ST or BC for
any of such reserved point, the said vacancy shall be filled up by a non-Exempted
Category Candidate belonging to SC, ST or BC, as the case may be.
7. (a) The guidelines contained herein should be followed with immediate effect in
respect of all existing and future vacancies coming under the purview of the aforesaid
Act.
(b) This supersedes earlier circulars issued by the Labour Department prescribing roster
points for filling up aforesaid vacancies.
By order of the Governor,
Sd/- Manish Gupta
Chief Secretary to the Government of West Bengal
16

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