West Bengal Scheduled Castes And Scheduled Tribes (Identification) Act, 1994
No: 38 Dated: Aug, 03 1994
THE WEST BENGAL SCHEDULED CASTES AND SCHEDULED TRIBES (IDENTIFICATION) ACT, 1994
West Bengal Act XXXVIII of 1994
An Act to provide for the identification of the Scheduled Castes and the Scheduled Tribes in West Bengal and for matters connected therewith or incidental thereto;
Whereas it is expedient to provide for the identification of the Scheduled Castes and the Scheduled Tribes in West Bengal and for matters connected therewith or incidental thereto;
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (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.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "Constitution" mean 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;
(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.
3. Identification of members of Scheduled Castes. - Any person belonging to any of the castes, races or tribes or parts of or groups within castes, races or tribes, specified in Part XIII of 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.
4. Identification of members of Scheduled Tribes. - 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.
5. Issue of certificate of identification. - A certificate under section 3 or section 4 may be issued, -
(a) in the district, by the Sub-Divisional Officer of the sub-division concerned, and
(b) in Kolkata by such officer as the State Government may, by notification, authorise.
(c) in Bidhannagar Municipal Corporation area not included in clause (a), by the Sub-divisional Officer of the Bidhannagar sub-division.
Explanation I. - "Kolkata" means kolkata as defined in clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980.
Explanation II. - For the removal of doubt, it is hereby declared that for the purpose of this Act, an officer authorised under clause (b) of this section, shall have jurisdiction over Kolkata.
6. Procedure of issue of certificate. - 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.
7. Power to refuse to issue certificate. - If the Sub-Divisional Officer an affiar authorised 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.