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

Keyword(s):
Appointing Authority, Establishment in Public Sector, Establishment in
Private Sector

kl Acf to providefor rlir r~.sen~orionof vu~~ut~c~ies in services aridposrs
for IIIEurcrnbers of ~freScltL.drrlcd Casres (1t1dSchcdrled Tribes.
WHEHMSthe members of the Scheduled Castes and Scheduled
Tribes who xeback~vardclassesofci~izensarc noladrquately represcn~cd
in [heservices and posts within the State;
ANDWIIEREAS it is expedienl lo provide For thc rcscrvation ofvacancics
in services and posts for them;
It is hereby enaclcd in the Twenty-seventh Year of the Republic of
India, by the Legislature of WeaBengal, as follows:-

1. (I) This Act may be called [he West BcngaI Scheduled C;LFICSShon lirlc,
   and Scheduled Tribes (Reservation or Vacancies in Serviccs and Posts) :~~-
   mcnl.
   Act, 1976.
   (2) 11 extends to the whole of West Bengal.
   (3) I! shall come inlo ?force on such datc as the State Governrnenr
   may,by no~ificarionin heOficial Gazette, appoint.
2. In this Acl, unless the conlexr olhenvise requires,–
   (a) “appointing aurhorily”. in relation lo a service orpost in an
   cstablishmenr, means the authority empowered to make
   appoinrment lo such service or post;
   ‘For Swrcmcnt of Ohjccrs and Rcxssons, see ihc C~lcurr~Ga:etrc, Ertrmordirtn~,
   Pan 1V. or thc 28h February, 1976. pagc 1111; Tor prcrcccdings of Ihc Wcsr Bcngal
   Lcgislarivc As.~cmbly,see rhc proccrdings or thc mccling ofthat Assembly hcld on the
   741hMarch, 1976.
   ThisAct came inlo romc on thc 15111Augusl, 1976,vide norilication No.370-TWIEC.
   dated rhc 141h hugus!, 1976,publirhcd in fheCalorrraGoielrc. Erimordinaty. Parll, orthc
   14h Augus~,1976, p~c1585.
   Dcfinilions.Tlie West Bellgal Sclredrrlcd Cnsres atid Scl~edrrlcrlTribcr
   (Resenlafiorlof Vacatrcies it1 Services and Pusn) Acr. 1976.
   [West Ben. Act
   (b) “cs~abtishmenl” means any officeof [heStale Govemment.
   a local or statutory authority consrituted under any Srate
   Act for the time being in force, or a corporation in which
   not less lhan fifty-one per cetrr.af the paid up share capital
   is held by thc Slate Governmcnt, and includes universilies
   and colleges affilialed 10 the universities, primary and
   sccondary schools and also ohcr cducalionnl institutions
   which are owned or aided by rhc Stale Government and
   also includes an es~abIishrnentin public sector;
   (c) “establishmenl in public sector” means any indushy,trade,
   business or occupalion owned, conrmllcd or managed by-
   (i) the Slale Governmcnt or any depmmcnt of ~hcState
   Government,
   (ji) a Govemment company as defined in section 617 of
   the Companies Act, 1956 or a corporation esrablished Or 1956-
   by or under a Cenual or Stale Acl, in which nor less
   than fifty-one per cc~lr.of the paid up share capirnl is
   held by the State Government,
   (iii) a local or statutory authority, constiluled undcr any
   Slake Acl for the rime being in force:
   (d) “establishment in private seclor” means any industry, trade,
   business or occuparion which is not an es~ablishmenrin
   public sector;
   (e) “Schedule” means ‘[Schedule] appended to this Acl.
3. This Act shall not apply in relation to,-
   (a) anyernploymenr under the Central Government;
   (b) any employmcntin the WestBengal HighcrJudicial Service;
   (d) any employment in private sector;
   (e) nny employment in domestic service.
   ‘~hcword wilhin thc quarc bnckcls was substilvttd Tor the words “\heSchcdulc” by
   s.2 of lhc WCSIBcngal SchcduIed Carlcs and SclicduledTribcs (Rcscrvationof Vacancies
   in Scrvius and Pars) (Sccond Amcndmcnl) Act. 2030 (WESI8cn. Acr XXlV oT2WO).
   ‘clause (c)was orniflcd by s. 2 or thc IVcsr Bcngal Scheduled Cutcs and Schcdulcd
   Tribcs (Rescrvafion of Vacancies in Scrvices and Posb)(An~cndmcnt)Acl, 1994 (West
   Acl no1 10
   upply in
   relalion10
   ccnin
   crnploy-
   rncnls.
   r,– ,.. v, .. “,,–A-The Wesr Be~rgoIScl~crlrrledCusres arid Sclzedrrlecl Tribes
   (Reservnriorr of Vaco~lcicsill Sentices a~rdPos~s)Act, 1976.

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