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

1. (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, 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 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. 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: 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 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 fifteen per cent. for members of the Scheduled Castes and five per cent. for members of the Scheduled Tribes: 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.

6. If the State Government is of opinion that the reservation for members of the Scheduled Castes or Scheduled Tribes shall not be 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.

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.

13. (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.