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West Bengal Scheduled Castes and Scheduled Tribes (Identification) (Amendment) Act, 2022

BCWD, ,


GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

NOTIFICATION

No. 1152-L Date: 28th November, 2022.

The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:-

West Bengal Act XIII of 2022
THE WEST BENGAL SCHEDULED CASTES AND SCHEDULED TRIBES (IDENTIFICATION) (AMENDMENT) ACT, 2022.

An Act to amend the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994.

Whereas it is expedient to amend the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994, for the purpose and in the manner hereinafter appearing;

It is hereby enacted in the Seventy-third 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 Scheduled Castes and Scheduled Tribes (Identification) (Amendment) Act, 2022.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Insertion of new section after section 9 of West Ben. Act XXXVII of 1994.

After section 9 of the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994, the following section shall be inserted:-

“9A. Appeal against cancellation etc. of certificates.

(1) An appeal against any cancellation, impounding or revocation of the certificate under sub-section (1) of section 9 shall lie-

(a) to the District Magistrate, or the Additional District Magistrate authorised by the District Magistrate in this behalf, where the certificate is cancelled or impounded or revoked by the Sub-Divisional Officer, and

(b) to the Commissioner, Presidency Division, where the certificate is cancelled or impounded or revoked by an officer authorised 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 that appeal has been 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.”.

By order of the Governor,

Sd/- PRADIP KUMAR PANJA
Secy. to the Govt. of West Bengal
Law Department

No. 1152-L dated 28.11.2022, Source