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The West Bengal Backward Classes (Other Than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012

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The West Bengal Backward Classes (Other Than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 Registered No. WB/SC-247 No. WB(Part-DI)/2013/SAR-7 Rottutta (IWO %%J AI "IQ Extraordinary Published by Authority CAITRA 4] MONDAY, MARCH 25, 2013 [SAKA 1935 PART EI—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 533-L.-25th March, 2013.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXXIX of 2012 THE WEST BENGAL BACKWARD CLASSES (OTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES) (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 2012. [Passed by \ tiieWest Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 25th March, 2013.] An Act to provide for the reservation of vacancies in services and posts for the Backward Classes of citizens other than the Scheduled Castes and Scheduled Tribes. WHEREAS clause (4) of article 15 of the Constitution enables the State to make any special provisions for the advancement of any socially and educationally Backward Classes of citizens; AND WHEREAS clause (4) of article 16 of the Constitution enables the State to make any provision for the reservation of appointments or posts in favour of any Backward Classes of citizens which in the opinion of the State is not adequately represented in the services under the State; 2 THE KOLKATA GAZE1TE., EXTRAORDINARY, MARCH 25, 2013 WART III • The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. (Sections 1, 2.) AND WhEREAs clause (1) of article 38 of the Constitution states that, the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political, shall inform all the institutions of the national life; Mn WHEREAS under clause (2) of article 38 of the Constitution, the State shall, in particular, strive to minimize the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations; AND WHEREAS under clause (b) of article 39 of the Constitution, the State shall in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; AND WHEREAS under clause (c) of article 39 of the Constitution, the State shall in particular direct the policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; Mn WHEREAS under article 46 of the Constitution, the State shall promote, with special care the educational and economic interests of the weaker sections of the people, and shall protect them from social injustice and all forms of exploitation; AND WHEREAS the members of the Backward Classes of citizens other than the Scheduled Castes and Scheduled Tribes who are socially and economically backward, are not adequately represented in the services and posts within the State of West Bengal; AND WHEREAS it is expedient to provide for the reservation of vacancies in services and posts for them; It is hereby enacted in the Sixty-third Year of the Republic of India, by the Legislature of West Bengal, as follows:— Short title, 1. (1) This Act may be called the West Bengal Backward Classes (Other than extent and commencement. Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. (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. 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) "cadre" means the strength of a service or a part of a service sanctioned as a separate unit; (c) "establishment" means any office of the State Government, a local authority 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 an establishment in public sector; (d) "establishment in private sector" means any industry, trade, business or occupation which is not an establishment in public sector; PART III] THE KOLKATA GAM lE, EXTRAORDINARY, MARCH 25, 2013 3 The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. (Sections 3-5.) (e) "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 1 of 1956. Act, 1956 or a corporation established by or under a Central Act 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; (f) "lists" means list prepared by the Government of West Bengal from time to time for purposes of making provision for the reservation of appointments or posts in favour of Backward Classes of citizens which, in the opinion of the Government, are not adequately represented in the services under the Government of West Bengal or any local or other authority within the territory of the State of West Bengal or under the control of the Government of West Bengal; (g) "notification" means a notification published in the Official Gazette; (h) "Other Backward Classes" shall mean such classes of citizens as specified in Schedule I, other than Scheduled Castes and Scheduled Tribes, and includes such classes as the State Government may, by notification in the Official Gazette, specify from time to time; (i) "Schedule" means the Schedule appended to this Act; (j) "single post cadre" means a cadre which has the strength of one post only; (k) "State Government" means the Government of West Bengal. Act not to apply 3. This Act shall not apply in relation to,— in relation to certain (a) any employment under the Central Government; employment. (b) any employment to the cadre of Higher Judicial Officers; (c) any employment in private sector; (d) any employment in domestic service; (e) any employment in single post cadre. Certain categories 4. Persons or sections from Other Backward Classes specified in column 3 of of persons to be excluded from Schedule II shall be excluded from the purview of this Act. reservation. Reservation for 5. After the commencement of this Act, all appointments to services and posts in Other Backward Classes in establishments which are to be filled up by direct recruitment shall be regulated in the vacancies to be following manner, namely,— filled up by direct recruitment. (a) subject to the other provisions of this Act, ten per cent of the vacancies shall be reserved for candidates belonging to the Other Backward Classes denoted as "Other Backward Classes Category A" category and seven per cent of the vacancies shall be reserved for candidates belonging to the "Other Backward Classes Category B" category of the Other Backward Classes in the manner set out in Schedule DI Provided that the State Government may, from time to time, by notification in the Official Gazette, increase the percentage in the manner that the overall reservation for the Scheduled Castes, the Scheduled Tribes and Other Backward Classes shall not exceed fifty per cent, (b) the members of the Other Backward Classes qualifying on merit in an open competition on the same standard as of the unreserved candidates for appointment to any unreserved post in a service or post in an establishment to be filled up by direct recruitment shall not be adjusted THE KOLKATA GAZELLE, EXTRAORDINARY, MARCH 25, 2013 [PAm- DI The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. (Sections 6, 7.) against the quota reserved in such service or post for such candidate under sub-section (a). Explanation.—For the purpose of this Act, Other Backward Classes Category A shall mean the "More Backward Classes" and the Other Backward Classes Category B shall mean the "Backward Classes". Certificate of 6. A candidate who claims to be a member of either Other Backward Classes identification. Category A or Other Backward Classes Category B category shall support his candidature by such certificate of identification to be issued by such competent authority in such manner as may be prescribed. De-reservation of 7. (1) There shall be no de-reservation of any reserved vacancy by any appointing reserved vacancy. authority to any post in an establishment which is required to be filled up by direct recruitment. In the absence of any qualified candidate from Other Backward Classes, the 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 candidate from "Other Backward Classes", the appointing authority shall refer the vacancy to the State Government for de-reservation.
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