West bengal act 024 of 2000 : West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000

Section 1. Short title and commencement

1. Short title and commencement.- (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.

Section 2. Amendment of section 2 of West Ben. Act XXVII of 1976

2. Amendment of section 2 of West Ben. Act XXVII of 1976.- In section 2 of the West Bengal 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.

Section 3. Amendment of section 4

3. Amendment of section 4.- 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;

(2) in clause (b), for the words "shall be reduced to one-fourth", the words "shall not be charged" shall be substituted.

Section 4. Amendment of section 5

4. Amendment of section 5.- In clause (a) of section 5 of the principal Act, for the words "Scheduled Tribes:", the words and figures "Scheduled Tribes in the manner set out in Schedule II:" shall be substituted.

Section 5. Amendment of section 6

5. Amendment of section 6.- 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.¹

(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 prescribed by the State Government."

Section 6. Amendment of section 6A

6. Amendment of section 6A.- In section 6A of the principal Act,-

(1) after sub-section (2), the following sub-section shall be 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.

Section 7. Amendment of section 6B

7. Amendment of section 6B.- 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.

Section 8. Amendment of section 11

8. Amendment of section 11.- In section 11 of the principal Act for the words "the Schedule.", the words "any Schedule," shall be substituted.

Section 9. Amendment of section 12

9. Amendment of section 12.- 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;

(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.

Section 10. Amendment of Schedule

10. Amendment of Schedule.- 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-

the following figures, letters and words shall be substituted:-

Section 11. Insertion of new Schedule II

11. Insertion of new Schedule II.- After Schedule 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 loin 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.

(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 vacancy."