347-TW / EC - Backward Classes Welfare Department

GOVERNMENT OF WEST BENGALScheduled Castes & Tribes Welfare DepartmentWriters’ BuildingsNo. 347-TW/EC Calcutta, the 13 th July, 1994.ORDERWHEREAS by this department notification No. 346-TW/EC dated the 13 th July, 1994,backward classes as defined in clause (a) of section 2 of the West Bengal Commission forBackward Classes Act, 1993 (West Ben. Act I of 1993) (hereinafter referred to as the said Act),have been specified in the list as defined in clause (c) of section 2 of the said Act;AND WHEREAS, in the opinion of the Governor, the said backward classes of citizens are notadequately represented in the services under the Government of West Bengal, the local andstatutory authorities constituted under any State Act, Corporations in which not less than 51% of thepaid up share capital is held by the State Government, Universities, Colleges affiliated toUniversities, primary, secondary and higher secondary schools and also in other educationalinstitutions which are owned or aided by the State Government and establishments in public sector;NOW, THEREFORE, in pursuance of the provisions of clause (c) of section 2 of the said Act,the Governor is pleased hereby to make provision for the reservation in services and posts under theGovernment of West Bengal, the local and statutory authorities constituted under any state Act,Corporations in which not less than 51% of the paid up share capital is held by the StateGovernment, Universities, Colleges affiliated to the Universities, primary, secondary and highersecondary schools, other educational institutions which are owned or aided by the StateGovernment and public sector in favour of the said backward classes of citizens as follows:(a) 5% of the vacancies in services and posts under the Government of West Bengal, thelocal and statutory authorities constituted under any State Act, Corporations in whichnot less than 51% of the paid up share capital is held by the State Government,Universities, Colleges affiliated to the Universities, primary, secondary and highersecondary schools, other educational institutions which are owned or aided by theState Government and public sector to be filled up by direct recruitment shall bereserved for the backward classes of citizens;(b) the reservation under clause (a) shall not apply to the persons referred to in column 3,in respect of the categories referred to in column 2, of the Schedule below:

SCHEDULEI.II.Description of categoryCONSTITUTIONAL POSTSSERVICE CATEGORYA. Group A/Class I postsincluded in the All IndiaServices and CentralServices and borne on theestablishment of the StateGovernment, and StateServices(DirectRecruitment).Persons to whom reservation shall notapplySon(s) and daughters(s) of(a) President of India;(b) Vice President of India;(c) Judges of the Supreme Court and ofthe High Court;(d) Chairman & Members of UnionPublic Service Commission and of theState Public Service Commission;Chief Election Commissioner;Comptroller & Auditor General ofIndia;(e) Persons holding Constitutionalpositions of like nature;Son(s) and daughter(s) of—(a) parents, both of whom are Class Iofficers;(b) parents, either of whom is a Class Iofficer;(c) parents, both of whom are Class Iofficers, but one of them dies orsuffers permanent incapacitation.(d) Parents, either of whom is a Class Iofficer and such parent dies or sufferspermanent incapacitation and beforesuch death or such incapacitation hashad the benefit of employment in anyInternational Organisation like UN,IMF, World Bank, etc. for a period ofnot less than 5 years.(e) Parents, both of whom are Class Iofficers die or suffer permanentincapacitation and before such deathor such incapacitation of the both,either of them has had the benefit ofemployment in any InternationalOrganisation like UN, IMF, WorldBank, etc. for a period of not less than5 years.Provided that the exclusion as

aforesaid shall not apply in the followwingcases:(i) Sons and daughters ofparents either of whom orboth of whom are Class Iofficers and such parent(s)dies/die or sufferpermanent incapacitation.B. Group B/Class II postsincluded the CentralServices and borne on theestablishment of the StateGovernment, and StateServices(DirectRecruitment)(ii)A lady belonging to OBCcategory has got married toa Class I officer, and mayherself like to apply for ajob.Son(s) and daughter(s) of(a) Parents both of whom are Class IIofficers.(b) Parents of whom only the husband isa Class II officer and he gets intoClass I at the age of 40 or earlier.(c) Parents, both of whom are Class IIofficers and one of them dies orsuffers permanent incapacitation andeither one of them has had the benefitof employment in any InternationalOrganisation like UN, IMF, WorldBank, etc. for a period of not lessThan 5 years before such death orpermanent incapacitation;(d) parents of whom the husband is aClass I officer (direct recruit or prefortypromoted) and the wife is aClass II officer and the wife dies; orsuffers permanent incapacitation;and(e) parents, of whom the wife is a Class Iofficer (Direct Recruit or pre-fortypromoted) and the husband is a ClassII officer and the husband dies orsuffers permanent incapacitation:Provided that the exclusion asaforesaid shall not apply in thefollowing cases:Sons and daughters of--

(i)(ii)Parents both of whom areClass II officers and one ofthem dies or suffers permanentincapacitation,Parents, both of whom areClass II officers and both ofThem die or suffer permanentincapacitation, eventhough either of them hashad the benefit of employmentin any InternationalOrganisation like UN, IMF,World Bank, etc. for aperiod of not less than 5years before their death orpermanent incapacitationIII.C. Public SectorUndertakings etc.ARMEDFORCESINCLUDINGPARA-MILITARY FORCES(persons holding civil postsare not included)The criteria enumerated in A & B abovein this Category will apply mutatis mutandisto officers holding equivalent or comparableposts in PSUs, Banks, InsuranceOrganisations, Universities, etc and also toequivalent or comparable posts and positionsunder private employment, pending theevaluation of the posts on equivalent orcomparable basis in these institutions, thecriteria specified in Category VI below willapply to the officers in these institutions.Son(s) and daughter(s) of parents either orboth of whom is or are in the rank of Coloneland above in the Army and to equivalentposts in the Navy and the Air Force and thePara Military Forces;Provided that:--(i) if the wife of an Armed Forcesofficer is herself in the Armed Forces(i.e. the category underconsideration) the exclusion asaforesaid will apply only when sheherself has reached the rank ofColonel;(ii) the service ranks below Colonel ofhusband and wife shall not beclubbed together:

(iii)if the wife of an officer in the ArmedForces is in civil employment, thiswill not be taken into account forapplying the rule of exclusion unlessshe falls in the service categoryunder item No. II in which case thecriteria and conditions enumeratedtherein will apply to herindependently,IV. POSTS OF PROFESSIONALCLASS AND POSTS INTRADE AND INDUSTRYA. Persons engaged inprofession as a doctor,lawyer, charteredAccountant, Income TaxConsultant, financial ormanagement consultant,dental surgeon, engineer,architect, computerspecialist, film artists, andother film professional,author, playwright, sportsperson, sports professional,media professional or anyother vocations of likestatus.B. Persons engaged intrade, business and industryCriteria specified against Category VI willapply:Criteria specified against Category VI willapply:Explanation:(i) Where the husband is in some professionand the wife is in a Class II or lower gradeemployment, the income/wealth test willapply only on the basis of the husband’sincome.(ii) If the wife is in any profession and thehusband is in employment in a Class II orlower rank post, then the income/wealthcriterion will apply only on the basis of thewife’s income and the husband’s income willnot be clubbed with it.

V.VIPROPERTY OWNERSA. Agricultural holdingsB. Plantations(i) Coffee, tea, rubber etc.(ii) Mango, citrus, appleplantations etc.C. Vacant land and/orbuildings in urban areas orurban agglomerationsINCOME/WEALTH TESTSon(s) and daughter(s) of persons belongingto a family (father, mother and minorchildren) which owns(a) only irrigated land which is equal to ormore than 85% of the statutory ceilingarea, or(b) both irrigated and unirrigated land, asfollows:(i) the exclusion as aforesaid willapply where the pre-condition exists thatthe irrigated area (having been brought to asingle type under a common denominator)40% or more of the statutory ceiling limitfor irrigated land (this being calculated byexcluding the unirrigated portion). If thispre-condition of not less than 40% exists,then only the area of unirrigated land willbe taken into account. This will be done byconverting the unirrigated land on the basisof the conversion formula existing, into theirrigated type. The irrigated area socomputed from unirrigated land shall beadded to the actual area of irrigated landand if after such clubbing together the totalarea in terms of irrigated land is 80% ormore of the statutory ceiling limit forirrigated land, then the rule of exclusionwill apply and disentitlement will occur.(ii) The exclusion as aforesaid will notapply if the land holding of a family isexclusively unirrigated.Criteria of income/wealth specified inCategory VI below will apply.Deemed as agricultural holding andhence criteria at A above under this categorywill apply.Criteria specified in Category VI below willapply.Explanation: Building may be used forresidential, industrial or commercial purposeand the like two or more such purposes.Son(s) and daughter(s) of

(a) Persons having gross annual income ofRupees 2.5 lakh* or above or possessingwealth above the exemption limit asprescribed in the Wealth Tax Act, 1957(27 of 1957), for a period of threeconsecutive years.(b) Persons in Categories I, II, III and VAwho are not disentitled to the benefit ofreservation but have income from othersources of wealth which will bring themwithin the income/wealth criteriamentioned in (a) above.Explanation:(i) Income from salaries or agriculturalland shall not be clubbed;(ii) The income criteria in terms of rupeewill be modified taking into account thechange in its value every three years. If thesituation, however, so demands, theinterregnum may be less.Note: Wherever the expression “permanent incapacitation” occurs in this Schedule, it will mean incapacitationwhich results in putting an officer out of service.* Vide Memo No.36033/3/2004-Estt.(Res) dated 9 th March, 2004, Ministry of Personnel, Public Grievances andpensions, Department of Personnel and Training.2. This order shall come into force at onceProvided that nothing in this order shall apply to any vacancy for the filling up ofwhich the process of recruitment has already started before the coming into force of this order.By order of the Governor,U. K. RAYSecy to the Govt. of West Bengal