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 back ward 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:-
Short title extend and commencement:-
1. (1) This Act may be called the Wet 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 This Act came into force on the 15th August, 1976, vide notification No.370-TW/EC, dated the 14th August, 1976, published in the Calcutta Gazette, Extraordinary, Part I, of the 14th August, 1976, page 2585.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) “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 word within the square brackets were substituted for the words “the Schedule” by s. 2 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in services and Posts) (Second Amendment) Act, 2000 (West Ben. Act XXIV of 2000)[Schedule] appended to this Act.
Act not to apply in relation to certain employments:-
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;
Clause (c) was omitted by s. 2 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1994 (West Ben. Act XLII of 1994) * * * * * * * *
(d) any employment in private sector;
(e) any employment in domestic service.
Reservation for Scheduled Castes and Scheduled Tribes in vacancies to be filled up by direct recruitment:-
4. Section 4 was renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, sub-section (2) was inserted by s.2 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1980 (West Ben. Act XLII of 1980). (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:-
(a) subject to the other provisions of this Act The words within the square brackets were substituted for the words “fifteen percent” by s. 3(i) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1994 (West Ben. Act XLII of 1994). [twenty-two per cent.] of the vacancies shall be served for candidates belonging to Scheduled Castes and The Words within the square brackets were substituted for the words “five per cent” by s. 3(ii), ibid.[six per cent] for candidates belonging to Scheduled Tribes, in the manner set out The words and figure within the square brackets were substituted for the words “in the Scheduled” by s. 3(1) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies of Services and Posts) (Second Amendment) Act, 2000 (West Ben. Act XXIV of 2000) [in Schedule I:]
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 The Words within the square brackets were substituted for the words “five per cent” by s. 3(ii), ibid.[shall not be charged] 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.
Section 4 was renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, sub-section (2) was inserted by s.2 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1980 (West Ben. Act XLII of 1980). (2) The number 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).
Reservation for Scheduled Castes and Scheduled Tribes in vacancies to be filled up by promotion:-
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 The words within the square bracket were substituted for the words “fifteen per cent” by s.4(a)(i) of the west Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1994 (West Ben. Act XLII of 1994)[twenty-two per cent] for members of the Scheduled Castes and The words within the square brackets were substituted for the words “five per cent” by s.4(a)(ii), ibid. [six per cent] for members of The words and figures within the square brackets were substituted for the words “Schedule Tribes” by s.4 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000 (West Ben. Act XXIV of 2000) [Scheduled Tribes in the manner set out in Schedule II:]
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:
This proviso was inserted by s. 2 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts)(Amendment) Act, 1983 (West Ben. Act XXXI of 1983). 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.
Firstly, clause (b) was substituted, w.e.f. the 1st day of April, 1981, for the original clause (b) by s. 2 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1982 (West Ben. Act VII of 1982). Thereafter, it was re-substituted for the previous one by s.2 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1990 (West Ben. Act X of 1990). Finally, the present clause (b) was substituted for the previous one by s. 2 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 2000 (West Ben. Act XI of 2000). (b) there shall be no reservation in any post in a scale of pay, the maximum of which exceeds Rs. 18,300;
This clause was substituted for the original clause (c) by s. 4(b) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1994 (West Ben. Act XLII of 1994). (c) a separate fifty-point roster shall be maintained by every establishment in the manner set out in the Schedule.
Certificate of identification:-
Section 5A was inserted by s. 2 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1996 (West Ben. Act XV of 1996). 5A. 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.
Dereservation of reserved vacancy:-
Section 6 was substituted for the original one by s. 5 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) (Amendment) Act, 1994 (West Ben. Act XLII of 1994). 6. (1) There shall be no dereservation of any reserved vacancy by any appointing authority in any pose in an establishment which is required to be filled up by direct recruitment. In the absence of qualified Scheduled Caste or Scheduled Tribe candidates, as the case may be, to fill up such vacancy, such vacancy shall remain unfilled.
(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 Tribe 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, dereserve the vacancy, subject to the condition that the reservation against the vacancy to dereserved shall be carried forward against the subsequent unreserved vacancy:
These two provisos were added by s. 5(1) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000 (West Ben. Act XXIV of 2000). 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, regularize 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:
These two provisos were added by s. 5(1) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000 (West Ben. Act XXIV of 2000). 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.
Sub-section (2A) was inserted by s. 5(3), ibid. (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.
Sub-section (3) was inserted by s. 3 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1996 (West Ben. Act XV of 1996). (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 candidates, 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.
Commissioner for Reservation:-
Section 6A, 6B and 6C were inserted by s. 6 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1994 (West Ben. Act XLII of 1994). 6A. (1) The State Government may appoint any officer, not below the rank of Secretary to the Government of West Bengal, to be the Commissioner for Reservation, West Bengal (hereinafter referred to as the Commissioner).
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
Clause (a1) was inserted by s. 4(1) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1996 (West Ben. Act XV of 1996). (a1) having its offices and fixed territorial jurisdiction in Calcutta, or
(b) having its offices in Calcutta without having any fixed territorial jurisdiction.
Explanation:- “Calcutta” shall mean the town of Calcutta as defined in section 3 of the Calcutta Police Act, 1966.
Sub-section (2A) was inserted by 6(1) of the West Bengal scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) (Second Amendment) Act, 2000 (West Ben. Act XXIV of 2000). (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.
(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 Commissioner or any officer, not below the rank of The words within the square brackets were substituted for the words “Inspector of Scheduled Castes and Tribes Welfare Department”, by s. 6(2), ibid.[an Inspector of Backward Classes Welfare Department] authorized 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.
Sub-section (4) was inserted by s. 4(2) of the West Bengal Scheduled castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Ac, 1996 (West Ben. Act XV of 1996). (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.
District Commissioner for Reservation:-
6B. (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.
Sub-section (1A) was omitted by s. 7(1) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000 (West Ben. Act XXIV of 2000). Prior to this omission this sub-section was inserted by s. 5(1) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1996 (West Ben. Act XV of 1996). * * * * * * *
(2) The District Commissioner shall be responsible for ensuring reservation of vacancies in services and posts for the members of the Schedule 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 The words within the square brackets were substituted for the words “Inspector of Scheduled Castes and Tribes Welfare Department” by s. 7(2) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000 (West Ben. Act XXIV of 2000).[an Inspector of Backward Classes Welfare Department,] authorized 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.
Sub-section (4) was inserted by s. 5(2) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1996 (West Ben. Act XV of 1996). (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.
Territorial Jurisdiction:-
6C. For the purposes of sections 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.
Penalty:-
7. If an appointing authority makes an appointment in contravention of the provisions of section 4 or section 5, The words within the square brackets were substituted for the words “he shall be punishable with fine which may extend to two hundred and fifty rupees”, by s.6 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1996 (West Ben. Act XV of 1996).[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 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.
Cognizance of offences:-
8. No prosecution for an offence under this Act shall be instituted except by, or with the sanction of, the State Government.
Protection of action taken in good faith:-
9. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
Removal of difficulties:-
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.
Power to amend the Schedule:-
11. The State Government may, by order published in the Official Gazette, add to, amend or alter The words within the square brackets were substituted for the words “the Schedule” by s. 8 of the Wet Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000 (West Ben. Act XXIV of 2000).[any Schedule.]
Submission of annual report, maintenance of other records and inspection thereon:-
12. (1) Every appointing authority shall maintain such records The words within the square brackets were inserted by s. 9(1)(a), ibid.[and documents] 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 The words within the square brackets were substituted for the words “financial year”[year reckoned according to the British calendar.]
(2) Any officer authorized by the State Government in that behalf may inspect any record 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 authorized 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 words, figures and brackets within the square brackets were substituted for the words and figures “the West Bengal Government servants Conduct Rules, 1959, “ by s. 9(2) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000 (West Ben. Act XXIV of 2000). [the West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980.] 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.
Power to make rules:-
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.
The words and figure within the square brackets were substituted for the words “THE SCHEDULE” by s. 10(1), ibid.[SCHEDULE]
(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 matter, namely:-
This paragraph was substituted for the original paragraph (i) by s. 7(1) of the West Bengal Scheduled Castes and scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1994 (West Ben. Act XLII of 1994). (i) The words within the square brackets were substituted for the words “A poster of fifty vacancies” by s. 10(2)(a) of the scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000(West Ben. Act XXIV of 2000).[ A roster of one hundred vacancies] will be necessary to give effect to the reservation of vacancies for the Scheduled Castes and the Scheduled Tribes [for direct recruitment]. The roster given below shall be adopted for the purpose by each establishment.
(Schedule I)
1st vacancy .. Scheduled Caste
2nd vacancy .. Unreserved
3rd vacancy .. Unreserved
4th vacancy .. Scheduled Caste
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 Caste
25th vacancy .. Unreserved
26th vacancy .. Unreserved
27th vacancy .. Unreserved
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 Caste
44th vacancy .. Unreserved
45th vacancy .. Unreserved
46th vacancy .. Unreserved
47th vacancy .. Scheduled Caste
48th vacancy .. Unreserved
49th vacancy .. Unreserved
The figures, letters and words within the square brackets were substituted for the figures, letters and words “50th vacancy.. Unreserved,” by s. 10(2)(c) of the Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) (Second Amendment) Act, 2000 (West Ben. Act XXIV of 2000) [50th vacancy .. Unreserved
51st vacancy .. Scheduled Caste
52nd vacancy .. Unreserved
53rd vacancy .. Unreserved
54th vacancy .. Scheduled Caste
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
67th vacancy .. Unreserved
68th vacancy .. Scheduled Caste
69th vacancy .. Unreserved
70th vacancy .. Unreserved
71st vacancy .. Scheduled Caste
72nd vacancy .. Unreserved
73rd vacancy .. Unreserved
74th vacancy .. Scheduled Caste
75th vacancy .. Unreserved
76th vacancy .. Unreserved
77th vacancy .. Unreserved
78th vacancy .. Scheduled Caste
79th vacancy .. Unreserved
80th vacancy .. Unreserved
81st vacancy .. Unreserved
82nd vacancy .. Scheduled Caste
83rd vacancy .. Unreserved
84th vacancy .. Unreserved
85th vacancy .. Unreserved
86th vacancy .. Scheduled Caste
87th vacancy .. Unreserved
88th vacancy .. Unreserved
89th vacancy .. Unreserved
90th vacancy .. Scheduled Caste
91st vacancy .. Unreserved
92nd vacancy .. Unreserved
93rd vacancy .. Scheduled Caste
94th vacancy .. Unreserved
95th vacancy .. Unreserved
96th vacancy .. Unreserved
97th vacancy .. Scheduled Caste
98th vacancy .. Unreserved
99th vacancy .. Unreserved
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 registered and signed by the appointing authority.
(iv) The roster is 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.
Paragraph (v) was omitted by s. 7(2) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1994 (West Ben. Act XLII of 1994). Prior to this omission paragraph (v) was substituted for the original paragraph by s. 2(1) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts)(Amendment) Act, 1992 (West Ben. Act VII of 1992).
Paragraph (vi) was omitted by s. 7(3) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1994 (West Ben. Act XLII of 1994). Prior to this omission paragraph (vi) was substituted for the original paragraph by s. 2(2) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) (Amendment) Act 1992 (West Ben. Act VII of 1992).
(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.
Paragraph (ix) was omitted by s.7 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 1996 (West Ben. Act XV of 1996). |
