West Bengal Scheduled Castes And Scheduled Tribes (Reservation of Vacancies in Services And Posts) Act, 1976

No: 27 Dated: May, 05 1976

THE WEST BENGAL SCHEDULED CASTES AND SCHEDULED TRIBES (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 1976

West Bengal Act XXVII of 1976

    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 backward 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 as follows :-

1. Short title, extent and commencement. - (1) This Act may be called the West 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 force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions. - 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 [Schedule] appended to this Act.

3. Act not to apply in relation to certain employments. - 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;

(c) any employment which in the opinion of the State Government is of a scientific or technical nature;

(d) any employment in private sector;

(e) any employment in domestic service.