(1) This Act may be called the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.
(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.
Definitions. 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) "cadre" means the strength of a service or a part of a service sanctioned as a separate unit;
(c) "establishment" means any office of the State Government, a local authority 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 an establishment in public sector;
(d) "establishment in private sector" means any industry, trade, business or occupation which is not an establishment in public sector;
PART III] THE KOLKATA GAM lE, EXTRAORDINARY, MARCH 25, 2013 3 The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.
Act not to apply in relation to certain employment.
(Sections 3-5.)
(e) "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 Act 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;
(f) "lists" means list prepared by the Government of West Bengal from time to time for purposes of making provision for the reservation of appointments or posts in favour of Backward Classes of citizens which, in the opinion of the Government, are not adequately represented in the services under the Government of West Bengal or any local or other authority within the territory of the State of West Bengal or under the control of the Government of West Bengal;
(g) "notification" means a notification published in the Official Gazette;
(h) "Other Backward Classes" shall mean such classes of citizens as specified in Schedule I, other than Scheduled Castes and Scheduled Tribes, and includes such classes as the State Government may, by notification in the Official Gazette, specify from time to time;
(i) "Schedule" means the Schedule appended to this Act;
(j) "single post cadre" means a cadre which has the strength of one post only;
(k) "State Government" means the Government of West Bengal.
3. This Act shall not apply in relation to,—
(a) any employment under the Central Government;
(b) any employment to the cadre of Higher Judicial Officers;
(c) any employment in private sector;
(d) any employment in domestic service;
(e) any employment in single post cadre.
4. Persons or sections from Other Backward Classes specified in column 3 of Schedule II shall be excluded from the purview of this Act.
5. After the commencement of this Act, all appointments to services and posts in establishments 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, ten per cent of the vacancies shall be reserved for candidates belonging to the Other Backward Classes denoted as "Other Backward Classes Category A" category and seven per cent of the vacancies shall be reserved for candidates belonging to the "Other Backward Classes Category B" category of the Other Backward Classes in the manner set out in Schedule DI
Provided that the State Government may, from time to time, by notification in the Official Gazette, increase the percentage in the manner that the overall reservation for the Scheduled Castes, the Scheduled Tribes and Other Backward Classes shall not exceed fifty per cent,
(b) the members of the Other Backward Classes qualifying on merit in an open competition on the same standard as of the unreserved candidates for appointment to any unreserved post in a service or post in an establishment to be filled up by direct recruitment shall not be adjusted Certain categories of persons to be excluded from reservation.
Reservation for Other Backward Classes in vacancies to be filled up by direct recruitment.
1 of 1956.
Certificate of identification.
De-reservation of reserved vacancy.
THE KOLKATA GAZELLE, EXTRAORDINARY, MARCH 25, 2013 [PAm DI - The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.
(Sections 6, 7.)
against the quota reserved in such service or post for such candidate under sub-section (a).
Explanation.—For the purpose of this Act, Other Backward Classes Category A shall mean the "More Backward Classes" and the Other Backward Classes Category B shall mean the "Backward Classes".
6. A candidate who claims to be a member of either Other Backward Classes Category A or Other Backward Classes Category B category shall support his candidature by such certificate of identification to be issued by such competent authority in such manner as may be prescribed.