Section 5 in The West Bengal Scheduled Castes And Scheduled Tribes (Reservation of Vacancies in Services And Posts) Act, 1976
5. Reservation for Scheduled Castes and Scheduled Tribes in vacancies to be filled up by promotion.
- Reservation for members of the Scheduled Castes and the Scheduled Tribes in vacancies to be filled up by promotion in any establishment shall be regulated in the following manner, namely :-(a)there shall be reservation at [twenty-two per cent.] [Words Substituted for the words 'fifteen per cent.' by W.B. Act 42 of 1994.] for members of the Scheduled Castes and [six per cent.] [Words Substituted for the words 'five per cent' by W.B. Act 42 of 1994.] for members of the [Scheduled Tribes in the manner set out in Schedule II:] [Words and figure Substituted for the words 'Scheduled Tribes' by W.B. Act 24 of 2000.]Provided that the State Government may, from time to time, by notification in the Official Gazette, increase the percentage so, however, that the reservation shall not exceed twenty-five per cent, in the case of Scheduled Castes and ten per cent, in the case of Scheduled Tribes:[Provided further that the member of any Scheduled Caste or Scheduled Tribe employee appointed on promotion to any unreserved vacancy in a service or post in any establishment to be filled up by promotion shall not be deducted from the quota reserved in such service or post for the members of the Scheduled Castes or the Scheduled Tribes under this section;] [Proviso inserted by W.B. Act 31 of 1983.](b)[ there shall be no reservation in any post carrying the grade pay exceeding Rs. 8,700;] [[Clause (b) first Substituted by W.B. Act 7 of 1982, then again Substituted by W.B. Act 10 of 1990 thereafter Substituted by W.B. Act 11 of 2000 and finally Substituted by W.B. Act 14 of 2009. Previous clause (b) was as under:'(b) there shall be no reservation in any post in a scale of pay, the maximum of which exceeds Rs. 18,300.']](c)[ a separate fifty-point roster shall be maintained by every establishment in the manner set out in the Schedule.] [[Clause (c) Substituted by W.B. Act 42 of 1994, which was earlier as under:'(c) a separate twenty-point roster in the form given in the Schedule shall be maintained by every establishment.'.]][5A. Certificate of identification. - A candidate who claim to be a member of the Scheduled Castes or the Scheduled Tribes shall support his candidature by a certificate of identification in accordance with the provisions of the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994.] [Section 5A inserted by W.B. Act 15 of 1996.]
