(1) This Act may be called the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994.
(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, appoint.
Short title, extent and commencement.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "Constitution" means the Constitution of India;
(b) "notification" means a notification published in the Official Gazette;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "Scheduled Castes" shall have the same meaning as in clause (24) of article 366 of the Constitution;
(e) "Scheduled Tribes" shall have the same meaning as in clause (25) of article 366 of the Constitution;
379 The West Bengal Scheduled Castes and Scheduled•Tribes (Identification) Act, 1994.
[West Ben. Act (Sections 3-6.)
(f) "the Constitution (Scheduled Castes) Order" means the Constitution (Scheduled Castes) Order, 1950, made by the President in exercise of the powers conferred by clause (1) of article 341 of the Constitution;
(g) "the Constitution (Scheduled Tribes) Order" means the Constitution (Scheduled Tribes) Order, 1950, made by the President in exercise of the powers conferred by clause (1) of article 342 of the Constitution.
Identification 3. Any person belonging to any of the castes, races or tribes or of members parts of or groups within castes, races or tribes, specified in Part XBI of of Scheduled Castes. the Schedule to the Constitution (Scheduled Castes) Order, and resident in the locality specified in relation to him in that Part of such Schedule, may be identified, by a certificate, to be a member of the Scheduled Castes.
Identification of members of Scheduled Tribes.
4. Any person belonging to any of the tribes or tribal communities or parts of or groups within tribes or tribal communities, specified in Part XII of the Schedule to the Constitution (Scheduled Tribes) Order, and resident in the locality specified in relation to him in that Part of such Schedule, may be identified, by a certificate, to be a member of the Scheduled Tribes.
Issue of 5. A certificate under section 3 or section 4 may be issued,— certificate of identification. (a) in the district, by the Sub-divisional Officer of the subdivision concerned, and
(b) in Calcutta, by the District Magistrate, South 24-Parganas, or by such Additional District Magistrate, South 24-Parganas, as may be authorised by the District Magistrate, South 24-Parganas, in this behalf.
Explanation 1.—"Calcutta" shall mean the town of Calcutta as defined in section 3 of the Calcutta Police Act, 1866.
Explanation LL—For the removal of doubt, it is hereby declared that for the purposes of this Act, the District Magistrate, South 24-Parganas, or the Additional District Magistrate, South 24-Parganas, authorised by the District Magistrate, South 24-Parganas, under clause (b) of this section, shall have jurisdiction over Calcutta.
Ben. Act IV of 1866.
Procedure of issue of certificate.
6. A certificate under this Act may be issued on application by the person requiring the certificate under this Act in such form and manner, and upon production of such evidence, as may be prescribed.
380 The West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994.
XXXVIII of 1994.1 (Sections 7-9.)
7. If the Sub-divisional Officer or the District Magistrate, South 24-Parganas, or the Additional District Magistrate, South 24-Parganas, authorised by the District Magistrate, South 24-Parganas, under clause (b) of section 5, as the case may be (hereinafter referred to as the certificate issuing authority), is not satisfied with the evidence produced by any person under section 6 and the rules made thereunder for the issue of a certificate under section 5, he may refuse, in writing, to issue such certificate after giving such person a reasonable opportunity of being heard.
Power to refuse to issue certificate.