West Bengal Act XVII of 2011
THE WEST BENGAL STAFF SELECTION COMMISSION ACT, 2011
(Passed by the West Bengal Legislature)
(Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 31st January, 2012)
An Act to provide for constitution of the West Bengal Staff Selection Commission for direct recruitment of prescribed categories of posts and services in the state Government establishments and for matters connected therewith or incidental thereto.
Whereas it is expedient to provide for constitution of the West Bengal Staff Selection Commission for direct recruitment of prescribed categories of posts and services in the state Government establishments and for matters connected herewith or incidental thereto.
It is hereby enacted in the Sixty second year of the Republic of India, by the legislature of West Bengal, as follows:
1. Short title and commencement:
(1) This Act may be called the West Bengal Staff Selection Act, 2011.
(2) It shall come into force on such dates as the State Government may by notification in the official Gazette.
(a) ”Appointing authority“, in relation to a Government Servant means-
(i) the authority empowered to make appointments to the services of which the Government servant is for the time being a member or to the grade of the service in which the Government Servant is for the time being included, or
(ii) the authority empowered to make appointments to the post which the Government Servant for the time being holds, or
(iii) the authority which appointed the Government Servant to such service, grade or post, as the case may be, or
(iv) when the Government Servant having been a permanent member of any other service or having substantially held any other permanent post, has been in continuous employment of the Government, the authority which appointed him to such service or to any grade in that in that service or to that post, whichever authority is the highest authority;
(b) ”Commission” means the West Bengal Staff Selection Commission;
(c) ”Direct recruitment” means the method of recruitment provided under the rules regulating the recruitment to the post and services under the Government of West Bengal as may be specified, by notification;
(d) ”member” means a member of the Commission and includes the Chairperson;
(e) ”notification” means a notification published in the official Gazette;
(f) ”prescribed” means prescribed by rules made under the Act;
(g) ”regulation” means regulation made under section 14;
(h) ”secretary Government” means the Government of West Bengal.
3. Constitution of Commission:
(1) The state Government shall, with effect from such dates as it may, by notification, appoint, constitute a Commission by the name of the West Bengal Staff Selection Commission.
(2) The West Bengal Staff Selection Commission shall consist of a Chairperson and not more than two members. The Chairperson shall be administrative Head of the commission and shall have the powers of the head of the Department.
(3) The place of sitting of the commission and its jurisdiction shall be such as the state government may, by notification, specify.
(4) The Commission may have one or more regional offices at such places, which the State government may, by notification, specify. The functions of the regional offices shall be such as may be specified in the regulations.
(5) The Commission shall function under the administrative control of the state Government in the Department of Personal and Administrative Reforms.
4. Appointment, and terms and conditions of Service of the members:
(1) The Chairperson and other members of the Commission shall be appointed by the State Government.
(2) The Chairperson and other members of the Commission shall hold office for a period of five years or till he attains the age of 62 years, whichever is earlier.
(3) In case an officer appointed as Chairperson or member of the Commission retires on superannuation before completing the tenure of five years, he shall be deemed to be on re-employment for the remaining period of tenure subject to maximum of his attainment of the age of superannuation i.e. 62 years.
(4) If the office of the chairperson or any other member becomes vacant by reason of resignation or otherwise or if the Chairperson is, by reason of absence or for any other reason, unable to perform this duties of the Chairperson and other members as the case may be, those duties shall be performed by such other members as State Government may appoint in this behalf.
(5) The Chairperson and any other member may resign from his office by writing under his hand addressed to the State Government, but he shall continue in office until his resignation is accepted by the State Government, or the Central Government, as the case may be, in accordance with the provisions of relevant service rules, if any.
(6) The terms and conditions of service of the chairperson and members shall be such as may be prescribed.
5. (1) The staff of the commission shall consist of –
(a) a secretary-cum-controller of Examinations who shall be appointed by the State Government, and
(b) such other employees as the State Government may appoint from time to time against the posts sanctioned by the Government.
(2) The salary of the Secretary-cum-controller of Examinations and other employees of the commission shall be such as may be determined by the State Government.
(3) The other terms and conditions of service of –
(a) the Secretary-cum-controller of Examinations shall be such as may be prescribed;
(b) other employees of the Commission shall be such as may be provided for by the regulations.
6. Functions of Commission:
(1) Not withstanding anything contained in any other law for the time being in force and subject to the provisions of sub-section(3), it shall be duty of the Commission to select persons for direct recruitment to such categories of posts and services in the State Government establishments as may be prescribed:
Provided that for selection of persons for appointment of the posts and services, the Commission shall be aided by two persons nominated by the concerned appointing authorities at the stage of interview.
(2) It shall be the duty of the Commission to perform such other functions as the State Government may, by notification, specify. These types of functions may include Departmental Examinations for promotion, if any, to the categories of posts for which Commission makes the recruitment, periodical typing test in English and Bengali on computer and advice the State Government on such matter as may be referred to it.
(3) Nothing in this section shall apply to direct recruitment to the posts or services, which are –
(a) required to be made through the Public Service Commission, West Bengal;
(b) filled up from the candidates belonging to the exempted categories which has been declared or is declared by this State Government by notification issued in exercise of the power conferred by section 3 of the West Bengal Regulation of Recruitment in State Government Establishments and Establishments in Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999.
(c) excluded from the purview of this Act by the State Government by notifications.
7. Manner of selection of persons and procedure for conduct of business of commission and certain special provisions of intimation of vacancies to commission and advertisement:
(1) The manner of selection of persons for appointment to the posts and services as prescribed under sub-section (1) of section 6 shall be such as may be provided for by the regulations.
(2) The procedure for conduct of business of the commission shall be such as may be provided for by the regulation.
(3) In particular and without prejudice to the provisions of sub-section (2), the department of the State Government or the Head of such department shall every year intimate the commission the number of vacancies including those anticipated in course of the year within such time and in such manner as may be provided for by regulation.
(4) On receipt of intimation of vacancies under sub-section (3), the Secretary cum Controller of Examination of the commission shall in consultation with the chairperson issue an advertisement in the leading newspapers inviting applications from eligible candidates for appearing in the direct recruitment in such manner as may be provided for by regulation.
8. Effect of recommendation of commission:
Not withstanding anything contained in any other law for the time being in force recruitment to the posts and services except the posts or services falling under sub-section (3) of section 6 shall be made on the recommendation of the commission.
The Commission may for the purpose of discharging its functions of selecting persons for direct recruitment to the posts or services in the State Government Establishments as prescribed under sub-section (1) of section 6 levy such fees as may be provided for by regulations.
Provided that the candidates belonging to Scheduled Castes and Scheduled Tribes shall be exempted from paying such examination fees.
10. Matter to call for records:
The commission may call for any record, report or information from any appointing authority or the State Government in its opinion, such records, reports and information is necessary for efficient discharge of its functions and the concerned authorities shall furnish such records, reports or information to the Commission.
11. Members etc. to the Public Servants:
The Chairperson and the other members and persons appointed under the Act shall, while acting or purporting to act under this Act, be deemed to the public servants within the meaning of section (21) of the IPC.
The proceedings of the commission shall not be invalidated by reasons of any vacancy in the office of the chairperson or any other member.
13. Power to make rule:
(1) The State Government may by notifications make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the Generality of the forgoing provisions of sub-section (1), such rules may provide for all or any of the following matters:
(a) the terms and conditions of the service of chairperson and other members of the commission under sub-section (6) of section 4.
(b) the terms and conditions of services of the Secretary cum Controller of Examination of the Commission under clause (a) of sub-section (3) of section 5.
(c) any other matter which may be or is required to be prescribed.
(3) Every rule made under this section shall, as soon as may be after it is made, be laid before this State Legislature.
14. Power to make regulations:
(1) The commission may, with the previous approval of the State Government make regulations not inconsistent with the provisions of this Act or the rules made thereunder for discharging the functions of the Commission under this Act.
(2) In particular and without prejudice to the generality of the forgoing power, such regulation ay provide for all or any of the matter:
(a) the terms and conditions of service of the employees of the commission under clause (b) of sub-section (3) of section 5.
(b) the manner of selection of person for appointment and the procedure for the conduct of business of the commission under section 7.
(c) the levy of fee under section 9.
15. Direction by State Government:
In the discharge of its functions, the commission shall be guided by such direction not in consistent with the provisions of this Act, as may be given to it by the State Government from time to time.
16. Dissolution of Commission:
(1) If the State Government is of the opinion that the commission has failed to discharge its functions under this Act, in accordance with the provisions of this Act, the State Government may, by the order published in the official gazette and stating the reasons therefore, dissolve the commission w.e.f. such date as may be specified in the order.
(2) Upon dissolution of the Commission under sub-section (1), all the members of the commission shall be deemed to have vacated their respective offices w.e.f. the date of such dissolution.
(3) The State Government may, at any time after the dissolution of the commission under sub-section (1), reconstitute the commission in accordance with the provisions of this Act.
17. Power to remove difficulties:
If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, by order, not inconsistent with the provisions of this Act, remove the difficulties:
Provided that no such order shall be made after the expiry of two years from the date of coming into force of this Act.
By order of the Governor
Sd/- B.K. SRIVASTAVA
Secy.-in-charge to the Govt. of West Bengal