Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1] [Entire Act]

State of West Bengal - Section

Section 6B in The West Bengal Scheduled Castes And Scheduled Tribes (Reservation of Vacancies in Services And Posts) Act, 1976

6B. [ District Commissioner for Reservation. - The State Government may appoint any District Magistrate of a district to be the District Commissioner for Reservation for that district (hereinafter referred to as the District Commissioner).

Explanation. - "District Magistrate" shall include an Additional District Magistrate.] [Section 6B inserted by W.B. Act 42 of 1994.][* * * * * * * * * * *] [[Sub-Section (1A) first inserted by W.B. Act 15 of 1996, then omitted by W.B. Act 24 of 2000, which was as under:
(1A)For the purpose of this section, Calcutta as defined in the Explanation to sub-section (2) of section 6A, shall be deemed to be a district, and the District Magistrate, South 24-Parganas, shall be the District Commissioner for the district.']]
(2)The District Commissioner shall be responsible for ensuring reservation of vacancies in services and posts for the members of the Scheduled Castes and the Scheduled Tribes under this Act by an appointing authority -
(a)having territorial jurisdiction in the whole, or any part, of the district, or
(b)having no fixed territorial jurisdiction in the district, but having his office in the district to which the jurisdiction of the District Commissioner extends.
(3)If any appointing authority referred to in sub-section (2) contravenes any provision of this Act and thereby commits an offence punishable under section 7, the District Commissioner or any officer not below the rank of [an Inspector of Backward Classes Welfare Department,] [Words Substituted for the words 'Inspector of Scheduled Castes and Tribes Welfare Department,' by W.B. Act 24 of 2000. ] authorised by him in this behalf, may file a complaint in any Court having jurisdiction against such appointing authority, and thereupon such court shall, subject to the provisions of section 8, take cognizance of such offence.
(4)[ Where a complaint is filed in any Court having jurisdiction against an appointing authority under sub-section (3) for contravening any provision of this Act and thereby committing an offence punishable under section 7, the burden of proof that no contravention of any provision of this Act has been made by him, shall lie with him.] [Sub-Section (4) inserted by W.B. Act 15 of 1996.][6C. Territorial jurisdiction. - For the purposes of sections 6A and 6B, -
(a)territorial jurisdiction shall, in relation to an appointing authority, mean the area to which its administrative jurisdiction extends; and
(b)an appointing authority, whose administrative jurisdiction does not extend to any fixed area, shall be deemed to be an appointing authority without having any fixed territorial jurisdiction.]