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[Cites 0, Cited by 0] [Section 13] [Entire Act]

State of West Bengal - Subsection

Section 13(2) in The West Bengal Scheduled Castes And Scheduled Tribes (Reservation of Vacancies in Services And Posts) Act, 1976

(2)In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely :-
(a)form in which every establishment shall submit annual report to the State Government regarding the number of persons recruited in such establishment;
(b)any other matter which has to be or may be prescribed by rules made in this behalf.
[Schedule I] [Word and figure Substituted for the words 'THE SCHEDULE' by W. B. Act 24 of 2000.](See section 4.)The reservation for the members of the Scheduled Castes and the Scheduled Tribes in services or posts in an establishment shall be given effect to in the following manner, namely :-
(i)[A roster of one hundred vacancies] [Words Substituted for the words 'A roster of fifty vacancies' by W.B. Act 24 of 2000.] will be necessary to give effect to the reservation of vacancies for the Scheduled Castes and the Scheduled Tribes [for direct recruitment] [Words inserted by W.B. Act 24 of 2000. ]. The roster given below shall be adopted for the purpose by each establishment.
1stvacancy Scheduled Caste
2ndvacancy Unreserved
3rdvacancy Unreserved
4thvacancy Scheduled Tribe
5thvacancy Unreserved
6thvacancy Unreserved
7thvacancy Scheduled Caste
8thvacancy Unreserved
9thvacancy Unreserved
10thvacancy Unreserved
11thvacancy Scheduled Caste
12thvacancy Unreserved
13thvacancy Unreserved
14thvacancy Unreserved
15thvacancy Scheduled Caste
16thvacancy Unreserved
17thvacancy Unreserved
18thvacancy Scheduled Caste
19thvacancy Unreserved
20thvacancy Unreserved
21stvacancy Scheduled Caste
22ndvacancy Unreserved
23rdvacancy Unreserved
24thvacancy Scheduled Tribe
25thvacancy Unreserved
26thvacancy Unreserved
27thvacancy Unreserved
28thvacancy Scheduled Caste
29thvacancy Unreserved
30thvacancy Unreserved
31stvacancy Unreserved
32ndvacancy Scheduled Caste
33rdvacancy Unreserved
34thvacancy Unreserved
35thvacancy Unreserved
36thvacancy Scheduled Caste
37thvacancy Unreserved
38thvacancy Unreserved
39thvacancy Unreserved
40thvacancy Scheduled Caste
41thvacancy Unreserved
42ndvacancy Unreserved
43rdvacancy Scheduled Caste
44thvacancy Unreserved
45thvacancy Unreserved
46thvacancy Unreserved
47thvacancy Scheduled Caste
48thvacancy Unreserved
49thvacancy Unreserved
[50thvacancy] [Figures, letters and words within third brackets substituted for the figures, letters and words '50th vacancy..... unreserved' by W.B. Act 24 of 2000.] Unreserved
51stvacancy Scheduled Caste
52ndvacancy Unreserved
53rdvacancy Unreserved
54thvacancy Scheduled Tribe
55thvacancy Unreserved
56thvacancy Unreserved
57thvacancy Scheduled Caste
58thvacancy Unreserved
59thvacancy Unreserved
60thvacancy Unreserved
61stvacancy Scheduled Caste
62ndvacancy Unreserved
63rdvacancy Unreserved
64thvacancy Unreserved
65thvacancy Scheduled Caste
66thvacancy Unreserved
67thvacancy Unreserved
68thvacancy Scheduled Caste
69thvacancy Unreserved
70thvacancy Unreserved
71stvacancy Scheduled Caste
72ndvacancy Unreserved
73rdvacancy Unreserved
74thvacancy Scheduled Tribe
75thvacancy Unreserved
76thvacancy Unreserved
77thvacancy Unreserved
78thvacancy Scheduled Caste
79thvacancy Unreserved
80thvacancy Unreserved
81stvacancy Unreserved
82ndvacancy Scheduled Caste
83rdvacancy Unreserved
84thvacancy Unreserved
85thvacancy Unreserved
86thvacancy Scheduled Caste
87thvacancy Unreserved
88thvacancy Unreserved
89thvacancy Unreserved
90thvacancy Scheduled Caste
91stvacancy Scheduled Caste
92ndvacancy Unreserved
93rdvacancy Scheduled Tribe
94thvacancy Unreserved
95thvacancy Unreserved
96thvacancy Unreserved
97thvacancy Scheduled Caste
98thvacancy Unreserved
99thvacancy Unreserved
100thvacancy Unreserved
[Section 6C inserted by W.B. Act 42 of 1994.]
Paragraph (i) Substituted by W.B. Act 42 of 1994, which was earlier as under:"(i) A roster of twenty vacancies will be necessary to give effect to the reservation of vacancies for the Scheduled Castes and the Scheduled Tribes. The roster given below shall be adopted for the purpose by each establishment.1stvacancy - Unreserved2ndvacancy - Ditto3rdvacancy - Scheduled Tribe4thvacancy - Unreserved5thvacancy - Ditto6thvacancy - Ditto7thvacancy - Ditto8thvacancy - Scheduled Caste9thvacancy - Unreserved10thvacancy - Ditto11thvacancy - Ditto12thvacancy - Ditto13thvacancy - Scheduled Caste14thvacancy - Unreserved15thvacancy - Ditto16thvacancy - Ditto17thvacancy - Ditto18thvacancy - Scheduled Caste19thvacancy - Unreserved20thvacancy - Ditto.".
(ii)A register shall be maintained for giving effect to the instructions contained in paragraph (i).
(iii)Before making an appointment by direct recruitment, the appointing authority shall ascertain by consulting the register whether the vacancy is reserved or unreserved and if it is reserved, for whom it is so reserved. Immediately after an appointment is made the particulars thereof shall be entered in the register and signed by the appointing authority.
(iv)The roster is a running account from year to year and shall be maintained accordingly. If recruitment in a particular year stops at a particular point of the cycle, say at the 5th point, recruitment in the subsequent year shall begin at the next, point, i.e. at the 6th point.
[* * * * * * * * * * * * *] [[Paras (v) and (vi) first Substituted by W.B. Act 7 of 1992, then omitted by W.B. Act 42 of 1994. Previous paras (v) and (vi) were as under:'(v) There shall be no de-reservation of any reserved vacancy by any appointing authority. In the absence of a qualified Scheduled Caste or Scheduled Tribes candidate to fill up any vacancy reserved for Scheduled Caste or Scheduled Tribe, as the case may be, the vacancy shall remain unfilled.
(vi)Notwithstanding the provisions contained in paragraph (v), if, in the public interest, it is necessary to fill up any reserved vacancy remaining unfilled on account of nonavailability of a qualified Scheduled Caste or Scheduled Tribe candidate, as the case may be, the appointing authority shall refer the vacancy to the State Government for de-reservation. Upon such reference, the State Government may, if it is satisfied that it is necessary or expedient so to do, by order de-reserve the vacancy, subject to the condition that the reservation against the vacancy so de-reserved shall be carried forward against the subsequent unreserved vacancy.'.]]
(vii)The roster shall be maintained separately for permanent and temporary vacancies.
(viii)A vacancy due to whatever cause, except termination of service during probation, shall be treated as a fresh vacancy.
[* * * * * * * * * * * * *] [[Para (ix) omitted by W.B. Act 15 of 1996, which was as under:'(ix) A candidate who claims to be a member of the Scheduled Castes or the Scheduled Tribes shall support his candidature by a certificate from a Gazetted Officer or from such other authority as may be prescribed by rules made under this Act'.]][Schedule II] [SCHEDULE II inserted by W.B. Act 24 of 2000.](See section 5.)The reservation for the members of the Scheduled Castes and the Scheduled Tribes in vacancies to be filled up by promotion in an establishment shall be given effect to in the following manner, namely :-
(i)A roster of fifty vacancies will be necessary to give effect to the reservation for the members of the Scheduled Castes and the Scheduled Tribes in vacancies to be filled up. The roster given below shall be adopted for the purpose by each establishment.
1stvacancy Scheduled Caste
2ndvacancy Unreserved
3rdvacancy Unreserved
4thvacancy Scheduled Tribe
5thvacancy Unreserved
6thvacancy Unreserved
7thvacancy Scheduled Caste
8thvacancy Unreserved
9thvacancy Unreserved
10thvacancy Unreserved
11thvacancy Scheduled Caste
12thvacancy Unreserved
13thvacancy Unreserved
14thvacancy Unreserved
15thvacancy Scheduled Caste
16thvacancy Unreserved
17thvacancy Unreserved
18thvacancy Scheduled Caste
19thvacancy Unreserved
20thvacancy Unreserved
21stvacancy Scheduled Caste
22ndvacancy Unreserved
23rdvacancy Unreserved
24thvacancy Scheduled Tribe
25thvacancy Unreserved
26thvacancy Unreserved
27thvacancy Unreserved
28thvacancy Scheduled Caste
29thvacancy Unreserved
30thvacancy Unreserved
31stvacancy Unreserved
32ndvacancy Scheduled Caste
33rdvacancy Unreserved
34thvacancy Unreserved
35thvacancy Unreserved
36thvacancy Scheduled Caste
37thvacancy Unreserved
38thvacancy Unreserved
39thvacancy Unreserved
40thvacancy Scheduled Caste
41thvacancy Unreserved
42ndvacancy Unreserved
43rdvacancy Scheduled Caste
44thvacancy Unreserved
45thvacancy Unreserved
46thvacancy Unreserved
47thvacancy Scheduled Caste
48thvacancy Unreserved
49thvacancy Unreserved
50thvacancy Unreserved
(ii)A register shall be maintained for giving effect to the instructions contained in paragraph (i).
(iii)Before giving any promotion, the appointing authority shall ascertain by consulting the register whether the vacancy is reserved or unreserved and if it is reserved, for whom it is so reserved. Immediately after a promotion is given, the particulars thereof shall be entered in the register and signed by the appointing authority.
(iv)The roster is a running account from year to year and shall be maintained accordingly. If promotion in a particular year stops at a particular point of the cycle, say, at the 5th point, promotion in the subsequent year shall begin at the next point, that is, at the 6th point.
(v)The roster shall be maintained separately for permanent and temporary vacancies.
(vi)A vacancy due to whatever cause, except termination of service during probation, shall be treated as a fresh vacancy.
[Sub-Section (2A) inserted by W.B. Act 24 of 2000.] [[Proviso first inserted by W.B. Act 42 of 2000, then Substituted by W.B. Act 5 of 2007, which was earlier as under:'Provided that the State Government may, if it is satisfied that the appointing authority by genuine mistake or on account of an error of judgement or owing to ignorance has filled up any reserved vacancy otherwise than by a candidate for whom the vacancy is reserved and that there has been no mala fide intention in this regard on the part of the appointing authority, by order in writing, regularise the appointment, if so applied for by the appointing authority, on the basis of the carry-forward principle. In such case, reservation against the reserved vacancy already filled up otherwise than by a candidate belonging to Scheduled Caste or Scheduled Tribe for whom the vacancy was originally reserved, shall be carried forward to the nearest unreserved vacancy available at the time of consideration of any application;'.]]