Acts and Rules on Caste/Tribe Identification
IDENTIFICATION ACT
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 1352-L.—3
rd August 1994.—The following Act of the West Bengal Legislature, having
been assented to by the Governor, is hereby published for general information: -
West Bengal Act XXXVIII of 1994
THE WEST BENGAL SCHEDULED CASTES AND SCHDEULED TRIBES
(IDENTIFICATION) ACT, 1994.
[Passed by the West Bengal Legislature]
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 3rd
August, 1994.]
An Act to provide for the identification of the Scheduled Castes and the Scheduled Tribes in West Bengal
and for matters connected therewith or incidental thereto
WHEREAS it is expedient to provide for the identification of the Scheduled Castes and the
Scheduled Tribes in West Bengal and for matters connected therewith or incidental thereto;
It is hereby enacted in the Forty-fifth Year of the Republic of India, by the Legislature of
West Bengal, as follows: --
1. (1) This Act may be called the West Bengal Scheduled Castes and Scheduled
Tribes (Identification) Act, 1994.
(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, appoint.
2. In this Act, unless the context otherwise requires, --
1
(a) “Committee” means the state scrutiny Committee constituted under
section 8A for verification of social status of a person in whose favour a
certificate is issued under section 5.
2
(aa) “Constitution” means the Constitution of India;
(a) “notification” means a notification published in the Official Gazette;
(b) “prescribed” means prescribed by rules made under this Act;
1
st day of October, 1994 appointed as date of effect vide Notification No. 534-TW/EC dated 21st September, 1994.
1
Inserted by West Ben. Act IV of 2007 w. e. f. 10-5-2007.
2
Section 2(a) renumbered as section 2(aa) by West Ben. Act IV of 2007 w. e. f. 10-5-2007.
Short title,
extent and
commence
-ment.
Definitions.
(c) “Scheduled Castes” shall have the same meaning as in clause (24) of
article 366 of the Constitution;
(d) “Scheduled Tribes” shall have the same meaning as in clause (25) of article
366 of the Constitution;
(e) “the Constitution (Scheduled Castes) Order” means the Constitution
(Scheduled Castes) Order, 1950, made by the President in exercise of the
powers conferred by clause (1) of article 341 of the Constitution;
(f) “the Constitution (Scheduled Tribes) Order” means the Constitution
(Scheduled Tribes) Order, 1950, made by the President in exercise of the
powers conferred by clause (1) of article 342 of the Constitution.
3. Any person belonging to any of the castes, races or tribes or parts of or
groups within castes, races or tribes, specified in Part XIII of the
Schedule to the Constitution (Scheduled Castes) Order, and resident
in the locality specified in relation to him in that Part of such
Schedule, may be identified, by a certificate, to be a member of
the Scheduled Castes.
4. Any person belonging to any of the tribes or tribal communities or parts of or
groups within tribes or tribal communities, specified in Part XII of
the Schedule to the Constitution (Scheduled Tribes) Order, and
resident in the locality specified in relation to him in that Part of such
Schedule, may be identified, by a certificate, to be a member of the
Scheduled Tribe.
5. A certificate under section 3 or section 4 may be issued, --
(a) in the district, by the Sub-divisional Officer of the sub-division
concerned, and
(b) in Calcutta, by the District Magistrate, South 24 Parganas, or by such
Additional District Magistrate, South 24-Parganas, as may be authorised by
the District Magistrate, South 24-Parganas, in this behalf.
Explanation I. —“Calcutta” shall mean the town of Calcutta
as defined in section 3 of the Calcutta Police Act, 1866.
Explanation II. —For the removal of doubt, it is hereby declared that for the purposes of this
Act, the District Magistrate, South 24-Parganas, or the Additional District Magistrate, South 24-
Parganas, authorized by the District Magistrate, South 24-Parganas, under clause (b) of this
section, shall have jurisdiction over Calcutta.
6. A certificate under this Act may be issued on application by the person
requiring the certificate under this Act in such form and manner, and
upon production of such evidence, as may be prescribed.
7. If the Sub-divisional Officer or the District Magistrate, South 24-Parganas,
or the Additional District Magistrate, South 24-Parganas, authorised by the
Distr District Magistrate, South 24-Parganas, under clause (b) of
section 5, as the case may be (hereinafter referred to as the
certificate issuing authority), is not satisfied with the evidence produced by
any person under section 6 and the rules made thereunder for the issue of a certificate under
section 5, he may refuse, in writing, to issue such certificate after giving such person a
reasonable opportunity of being heard.
8. (1) An appeal against any refusal under section 7 to issue any certificate shall lie--
Identification
of members of
Scheduled
Castes.
Identification of
members of
Scheduled Tribes.
Issue of certificate
of identification.
Procedure of issue
of certificate.
Power to refuse
to issue
certificate.
Ben. Act IV of 1866
(a) to the District Magistrate, or the Additional District Magistrate
authorised by the District Magistrate in this behalf, where the
certificate is refused by the Sub-Divisional Officer, and
(b) to the Commissioner, Presidency Division, where the certificate is refused
by the District Magistrate, South 24-Parganas, or the Additional District
Magistrate, South 24-Parganas, authorised by the District Magistrate,
South 24-Parganas, under clause (b) of section 5, as the case may be:
Provided that every such appeal shall be made in such manner and within such time as
may be prescribed:
Provided further that every such appeal shall be disposed of within three months from the
date on which the appeal is made:
Provided also that no such appeal shall be disposed of without giving the appellant a
reasonable opportunity of being heard.
(2) The decision of the District Magistrate or the Additional District Magistrate or the
Commissioner, Presidency Division, as the case may be, on any appeal under sub-section (1)
shall be final.
3
8A. (1) The State Government may , by order, constitute a Committee to be called the state
Scrutiny Committee to be called the State Scrutiny Committee for
verification of social status of a person in whose favour a certificate is
issued under section 5.
(2) The Committee shall consist of the following Members:-
a) the Secretary , Backward Classes
Welfare Department, Government of
West Bengal.
Explanation.-Secretary shall
include a special secretary.
Chairperson;
b) The Commissioner, Directorate of
Backward Classes Welfare, West
Bengal or any officer not below the
rank of Deputy Director, duly
authorized by him,
Convenor;
c) the Director, Cultural Research
Institute, Backward Classes Welfare
Department or any officer not below
rank of Deputy Director, duly
authorised by him.
Expert Member.
(3) Subject to any general or special order of the State Government, provisions of this Act and
rules made thereunder, the Committee shall have powersa) to verify the social status of a person in whose favour a certificate is issued under section
5;
b) to issue direction to the Vigilance Cell constituted under section 8B;
c) to make an inquiry in connection with the contravention of any provision of this Act;
d) to issue notice to any person or authority in such manner as may be prescribed;
3
Inserted by West Ben. Act IV of 2007 w. e. f. 10-5-2007.
Appeal against
refusal to issue
certificate.
Constitute of State
Scrutiny
Committee and its
e) to call for information from any person or authority for the purpose of satisfying itself
whether there has been any contravention of any provision of this Act or any rule or
order made or direction issued thereunder;
f) to require any person or authority to produce or deliver any document or thing useful or
relevant to the inquiry;
g) to examine any person acquainted with the facts and circumstances of the case;
h) to issue direction under sub-section (2) of section 9 to the certificate issuing authority;
i) to do such other things and perform such other acts not inconsistent with the provisions
of this Act as may appear to be necessary or expedient for the proper conduct of its
function, or which may be prescribed.
(4) The Committee shall meet as such place and time, and the meeting shall be conducted in such
manner, as may be prescribed.
(5) All order or direction of the Committee shall be authenticated by the Chairperson or by such
officer of the Committee as may be authorised by the Chairperson on this behalf.
8B. (1) The state Government may, by order, constitute a Vigilance Cell for
each district of the West Bengal.
(2) The Vigilance Cell shall consist of
a) an Officer-in-charge not below the rank of Deputy Superintendent of Police,
and
b) such number of investigating officers not exceeding three from amongst the
police officers in the rank of Inspector.
(3) Subject to any general or special order of the State Government or the provisions of this Act
and rules made thereunder, the Vigilance Cell shall have powers
a) to inquire the cases relating to social status claims of a person in whose favour
a certificate is issued under section 5;
b) to make an inquiry in connection with the contravention of any provision of
this Act;
c) to issue notice to any person or authority in such manner as may be
prescribed;
d) to call for information from any person or authority for the purpose of
satisfying himself whether there has been any contravention of any provisions
of this Act or any rule or order made or direction issued thereunder;
e) to require any person or authority to produce or deliver any document or thing
useful or relevant to the enquiry;
f) to examine any person or authority acquainted with the facts and
circumstances of the case;
g) to do such other things and perform such other acts not inconsistent with the
provisions of this Act as may appear to be necessary or expedient for the
proper conduct of its function, or which may be prescribed.
4
9. (1) If the certificate issuing authority is satisfied that a certificate under this Act has been
obtained by any person by furnishing any false information or by
misrepresenting any fact or by suppressing any material information
or by producing any document which is an act of forgery, it may cancel,
impound or revoke such certificate in such manner as may be prescribed.
4
Sec 9 renumbered Sec 9(1) vide West Ben. Act IV of 2007 w. e. f. 10-5-2007.
Power to cancel,
impound or revoke
certificate.
Constitution of
Vigilance Cell
and its power
5
(2) Notwithstanding anything contained in sub-section (1), if the Committee
is satisfied that a certificate under this Act has been obtained by any persons
by furnishing any false information or by misrepresenting any fact or by suppressing any
material information or by producing any document is an act of forgery, it may issue a direction
to the certificate issuing authority, in such manner as may be prescribed, to cancel, impound or
revoke such certificate and, on receipt of such direction, the certificate issuing authority shall, by
order in writing, cancel, impound or revoke such certificate.
10.. Whoever—
(a) knowingly furnishes any false information, or
(b) knowingly misrepresents any fact, or
(c) knowingly suppresses any material information, or
(d) knowingly produces any document which is an act of forgery,
with a view to obtaining a certificate under this Act, 6
[shall be punishable with imprisonment for
a term which may extend to two years or with fine which may extend to five thousand rupees or
with both].
11. Notwithstanding anything contained in this Act, any certificate identifying any
person
to be a member of the Scheduled Castes or the Scheduled Tribes, issued by any
authority, competent under any law for the time being in force to issue such
certificate, prior to the commencement of this Act, shall be valid and shall be
deemed to have been issued under this Act unless such certificate is proved
to have been obtained by furnishing any false information or by
misrepresenting any fact or by suppressing any material information or by
producing any document which is an act of forgery, and in every such case, the
certificate issuing authority shall have the power to cancel, impound or revoke
such certificate in accordance with the provisions of this Act and the rules
made thereunder.
7
11.A. (1) If the appointing authority or the head of an establishment from which a person in
whose favour a certificate is issued under section 5 is going to derive benefit as
a holder of the certificate, has any doubt that such certificate has been obtained
by furnishing false information or by misrepresenting any fact or by suppressing
any material information or by producing any document which is an act of forgery, it shall send
an application along with the certificate to the committee for verification.
Explanation. The expressions “appointing authority” and “establishment” shall have
the meaning respectively as assigned to them in clauses (a) and (b) of section 2
of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of
vacancies in Services and Posts) Act. 1976.
(2) The Committee shall dispose of the application referred to in sub-section (1) in such
manner as may be prescribed.
5
Inserted by West Ben. Act IV of 2007 w. e. f. 10-5-2007.
6
Substituted for the words “shall be punishable with imprisonment for a term which may extend to six months or
with fine which may extend to two thousand rupees” by West Ben. Act IV of 2007 w. e. f. 10-5-2007.
7
Inserted by West Ben. Act IV of 2007 w. e. f. 10-5-2007.
Offences and
penalties.
Validation of
certificate.
Amendment of
section 9.
Verification of
certificate.
West Ben. Act
XXVII of 1976
Power to
make rules.
12.(1) The State Government may, by notification, make rules for carrying out the purposes of
this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the matters which,
under any provision of this Act, are required to be prescribed or to be provided for by rules.
By order of the Governor,
S. MAITRA,
Special Officer & ex-officio
Jt. Secy. to the Govt. of West Bengal.
