GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XXIV of 2000 THE WEST BENGAL SCHEDULED CASTES AND SCHEDULED TRIBES (RESERVATION OF VACANCIES IN SERVICES AND POSTS) (SECOND AMENDMENT) ACT, 2000. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 30th August, 2000.] [30th August, 2000.] An Act to amend the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976. West Ben. Act XXVII of 1976. WHEREAS it is expedient to amend the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Fifty-first Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000.
(2) It shall come into force at once.
2. In section 2 of the West Benghl Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976 (hereinafter referred to as the principal Act), in clause (e), for the words "the Schedule", the word "Schedule" shall be substituted.
3. In sub-section (1) of section 4 of the principal Act,—
(1) in clause (a), for the words "in the Schedule:", the words and figure "in Schedule I:" shall be substituted; Short title and commencement. Amendment of section 2 of West Ben. Act XXVII of 1976. Amendment of section 4. 267 The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000. [West Ben. Act (Sections 4, 5.)
(2) in clause (b), for the words "shall be reduced to one-fourth", the words "shall not be charged" shall be substituted. Amendment 4. In clause (a) of section 5 of the principal Act, for the words of section 5. "Scheduled Tribes:", the words and figures "Scheduled Tribes in the manner set out in Schedule II:" shall be substituted. Amendment of section 6.
5. In section 6 of the principal Act,—
(1) to sub-section (2), the following provisos shall be added:— "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 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-reserved a reserved vacancy under this sub-section.";
(2) after sub-section (2), the following sub-section shall be inserted:— "(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 presctibed by the State Government.". 268 The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000. XXIV of 2000.] (Sections 6-9.)
6. In section 6A of the principal Act,— Amendment of section
(1) after sub-section (2), the following sub-section shall be 6A. inserted:— "(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.";
(2) in sub-section (3), for the words "Inspector of Scheduled Castes and Tribes Welfare Department,", the words "an Inspector of Backward Classes Welfare Department," shall be substituted.
7. In section 6B of the principal Act,—
(1) sub-section (1A) shall be omitted;
(2) in sub-section (3), for the words "Inspector of Scheduled Castes and Tribes Welfare Department,", the words "an Inspector of Backward Classes Welfare Department," shall be substituted.
8. In section 11 of the principal Act, for the words "the Schedule.", the words "any Schedule." shall be substituted.
9. In section 12 of the principal Act,—
(1) in sub-section (1),—
(a) after the words "such records", the words "and documents" shall be inserted, and
(b) for the words "financial year.", the words "year reckoned according to the British calendar." shall be substituted; Amendment of section 6W Amendment of section
11. Amendment of section
12. 269 The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000. [West Ben. Act (Section 10.)
(2) in sub-section (4), for the words and figures "the West Bengal Government Servants' Conduct Rules, 1959,", the words, figures and brackets "the West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980," shall be substituted. Amendment of Schedule.
10. In the Schedule to the principal Act,—
(1) for the words THE SCHEDULE", the word and figure "SCHEDULE I" shall be substituted;
(2) in paragraph (i),—
(a) for the words "A roster of fifty vacancies", the words "A roster of one hundred vacancies" shall be substituted,
(b) after the words "the Scheduled Tribes", the words "for direct recruitment" shall be inserted, and
(c) for the figures, letters and words— "50th vacancy . Unreserved.", the following figures, letters and words shall be substituted:— "50th vacancy Unreserved 51st vacancy Scheduled Caste 52nd vacancy Unreserved 53rd vacancy Unreserved 54th vacancy Scheduled Tribe 55th vacancy Unreserved 56th vacancy Unreserved 57th vacancy Scheduled Caste 58th vacancy Unreserved 59th vacancy Unreserved 60th vacancy Unreserved 61st vacancy Scheduled Caste 62nd vacancy Unreserved 63rd vacancy Unreserved 64th vacancy Unreserved 65th vacancy Scheduled Caste 66th vacancy Unreserved 270 The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000. XXIV of 2000.] (Section 10.) 67th vacancy 68th vacancy 69th vacancy 70th vacancy 71st vacancy 72nd vacancy 73rd vacancy 74th vacancy 75th vacancy 76th vacancy 77th vacancy 78th vacancy 79th vacancy 80th vacancy 8Ist vacancy 82nd vacancy 83rd vacancy 84th vacancy 85th vacancy 86th vacancy 87th vacancy 88th vacancy 89th vacancy 90th vacancy 91st vacancy 92nd vacancy 93rd vacancy 94th vacancy 95th vacancy 96th vacancy 97th vacancy 98th vacancy 99th vacancy 100th vacancy Unreserved Scheduled Caste Unreserved Unreserved Scheduled Caste Unreserved Unreserved Scheduled Tribe Unreserved Unreserved Unreserved Scheduled Caste Unreserved Unreserved Unreserved Scheduled Caste Unreserved Unreserved Unreserved Scheduled Caste Unreserved Unreserved Unreserved Scheduled Caste Unreserved Unreserved Scheduled Tribe Unreserved Unreserved Unreserved Scheduled Caste Unreserved Unreserved Unreserved.". 271 The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000. [West Ben. Act (Section 11.) Insertion of new Schedule II.
11. After Schedule I of the principal Act, the following Schedule shall be inserted:— "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. 1st vacancy Scheduled Caste 2nd vacancy Unreserved 3rd vacancy Unreserved 4th vacancy Scheduled Tribe 5th vacancy Unreserved 6th vacancy Unreserved 7th vacancy Scheduled Caste 8th vacancy Unreserved 9th vacancy Unreserved 10th vacancy Unreserved 11th vacancy Scheduled Caste 12th vacancy Unreserved 13th vacancy Unreserved 14th vacancy Unreserved 15th vacancy Scheduled Caste 16th vacancy Unreserved 17th vacancy Unreserved 18th vacancy Scheduled Caste 19th vacancy Unreserved 20th vacancy Unreserved 21st vacancy Scheduled Caste 22nd vacancy Unreserved 23rd vacancy Unreserved 24th vacancy Scheduled Tribe 25th vacancy Unreserved 26th vacancy Unreserved 27th vacancy Unreserved 272 The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000. XXIV of 2000.] (Section 11.) 28th vacancy Scheduled Caste 29th vacancy Unreserved 30th vacancy Unreserved 31st vacancy Unreserved 32nd vacancy Scheduled Caste 33rd vacancy Unreserved 34th vacancy Unreserved 35th vacancy Unreserved 36th vacancy Scheduled Caste 37th vacancy Unreserved 38th vacancy Unreserved 39th vacancy Unreserved 40th vacancy Scheduled Caste 41st vacancy Unreserved 42nd vacancy Unreserved 43rd vacancy Scheduled Tribe 44th vacancy Unreserved 45th vacancy Unreserved 46th vacancy Unreserved 47th vacancy Scheduled Caste 48th vacancy Unreserved 49th vacancy Unreserved 50th 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 vacaney.". 273 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7