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West Bengal Panchayat (Second Amendment) Act, 2010

West Bengal Panchayat (Second Amendment) Act, 2010

West Bengal Panchayat (Second Amendment) Act, 2010[1]

[West Bengal Act 35 of 2010]

[4th February, 2011]

An Act to amend the West Bengal Panchayat Act, 1973.

West Ben. Act XLI of 1973. Whereas it is expedient to amend the West Bengal Panchayat Act, 1973, for the west Ben. Act purposes and in the manner hereinafter appearing;

It is hereby enacted in the Sixty-first Year of the Republic of India, by the Legislature of West Bengal, as follows.

Section - 1. Short title and commencement.

(1)     This Act may be called the West Bengal Panchayat (Second Amendment) Act, 2010.

(2)     It shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different sections.

Section - 2. Amendment of section 2 of West Ben. Act XLI of 1973.

In section 2 of the West Bengal Panchayat Act, 1973 (hereinafter referred: as the principal Act), after clause (1), the following clause shall be inserted.

West Ben. Act I of 1993.

‘(1A) “Backward Classes” has the same meaning as in clause (a) of section 2 of the West Bengal Commission for Backward Classes Act, 1993;’.

Section - 3.

In sub-section (2) of section 4 of the principal Act,

(1)     for the first proviso, the following proviso shall be substituted.

“Provided that seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Gram Panchayat, and the number of seats so reserved shall bear, as nearly as may be and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Gram Panchayat to be filled up by election as the population of the Scheduled Castes or of the Scheduled Tribes or of the Backward Classes as the case may be, in that Gram, bears to the total population of that Gram and such seats shall be subject to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes, Scheduled Tribes or Backward Classes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population, the Scheduled Tribes population or the Backward Classes population, as the case may be, in that Gram, bears with the total population in that Gram:”;

(2)     for the second proviso, the following proviso shall be substituted.

“Provided further that not less than one-half of the total number of seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be:”;

(3)     for the third proviso, the following proviso shall be substituted.

“Provided also that not less than one-half of the total number of seats, including the seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Gram Panchayat shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed:”;

(4)     in the fourth proviso,

(a)      for the words “Scheduled Castes and the Scheduled Tribes”, the words “Scheduled Castes, the Scheduled Tribes and the Backward Classes” shall be substituted;

(b)      for the words “three successive”, the words “two successive” shall be substituted;

(5)     in the fifth proviso, after the words “the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(6)     in the sixth proviso, for the words “next three”, the words “next two” shall be substituted;

(7)     for the seventh proviso, the following proviso shall be substituted.

“Provided also that the provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf.”.

Section - 4.

In section 9 of the principal Act,

(1)     in sub-section (1),

(a)      in the third proviso,

(i)       for the words “Scheduled Castes and the Scheduled Tribes”, the words “Scheduled Castes, the Scheduled Tribes and the Backward Classes” shall be substituted;

(ii)      after the words “or the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(b)      in the fourth proviso, after the words “or the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(c)      in the fifth proviso, after the words “Scheduled Tribes”, occurring in two places, the words “or the Backward Classes” shall be inserted;

(d)      in the sixth proviso, for the words “the Scheduled Tribes”, the words “the Scheduled Tribes, the Backward Classes” shall be substituted;

(e)      for the ninth proviso, the following proviso shall be substituted.

“Provided also that not less than one-half of the total number of the offices of the Pradhan and the Upa-Pradhan reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a district, shall be reserved by rotation for the women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be:”;

(f)       in the tenth proviso,

(i)       for the word “one-third”, the word “one-half shall be substituted;

(ii)      for the words “the Scheduled Castes and the Scheduled Tribes”, the words “the Scheduled Castes, the Scheduled Tribes and the Backward Classes” shall be substituted;

(g)      in the eleventh proviso, for the words “three successive”, the words “two successive” shall be substituted;

(h)     in the twelfth proviso, after the words “Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(i)       for the thirteenth proviso, the following provisos shall be substituted.

“Provided also that any member elected from an unreserved seat or from a seat reserved for another category shall be eligible for election to the office of the Pradhan or the Upa-Pradhan reserved for a particular category if he belongs to such category and produces Scheduled Castes, Scheduled Tribes or a Backward Classes certificate, as the case may be, issued by the competent authority before the presiding officer in order to establish his claim:

Provided also that the provisions for reservation of the offices of the Pradhan and the Upa-Pradhan for the Scheduled Castes and the Schduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf”;

(2)     in sub-section (10),

(a)      for the words “State Government”, occurring in two places, the words “prescribed authority” shall be substituted;

(b)      after the words “any office of profit”, the words “and he has not obtained leave of absence from his place of employment” shall be inserted;

(c)      after the proviso, the following proviso shall be added.

“Provided further that when a member holding the office of the Pradhan or the Upa-Pradhan or officiating as Sanchalak, is removed from office under any of the clauses (a) to (h) of sub-section (1) of section 11, he shall also be deemed to have been removed from the office of the Pradhan, Upa-Pradhan or Sanchalak as the case may be, with immediate effect.”;

(3)     after sub-section (10), the following sub-section shall be inserted.

“(11) Without prejudice to any other provision in the Act, the prescribed authority may, after giving an opportunity to a Pradhan or a Upa-Pradhan to show cause against the action proposed to be taken against him, by order, remove him from office if at the time of his election to the office of the Pradhan or the Upa-Pradhan, he was not a member of any of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, for which such office of the Pradhan or the Upa-Pradhan is kept reserved and the Scheduled Castes or Scheduled Tribes or Backward Classes certificate produced by him at the time of such election is found to be spurious or has since been cancelled by the competent authority:

Provided that notwithstanding the action taken under this subsection, the person concerned may be proceeded against under the provisions of the Indian Penal Code, 1860 or any other law in force for the time being:

Provided further that aPradhan or a Upa-Pradhanon being aggrieved by an order of removal by the prescribed authoity, may, within thirty days from the date of the order, prefer an appeal to such authority as the State Government may appoint in this behalf and thereupon, such authority may direct the prescribed authority to refrain from taking any further action in the matter till the disposal of the appeal and may after giving notice of appeal to the prescribed authority and giving the appellant an opportunity of being heard, set aside, modify or confirm the order and the order passed on appeal by such authority shall be final and binding.”.

Section - 5.

In clause (h) of sub-section (1) of section 11 of the principal Act.

(1)     after the words “or the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(2)     after the words “or the Scheduled Tribe”, the words “or the Backward Class” shall be inserted.

Section - 6.

In clause (ii) of sub-section (2) of section 94 of the principal Act,

(1)     for the first proviso, the following proviso shall be substituted.

“Provided that seats shall be reserved for the Scheduled Castes, Scheduled Tribes and the Backward Classes in a Panchayat Samiti and the number of seats so reserved shall bear, as nearly as may be and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Panchayat Samiti to be filled up by election as the population of the Scheduled Castes or of the Scheduled Tribes or of the Backward Classes as the case may be in that Panchayat Samiti area, bears to the total population of that Panchayat Samiti area and such seats shall be subject to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes or Scheduled Tribes or Backward Classes propulation which bears with the total population in that constituency not less than half of the proportion that the total Schedued Castes population or the Scheduled Tribes population or the Backward Classes as the case may be, in that Panchayat Samiti area, bears with the total population in that Panchayat Samiti area:”;

(2)     for the second proviso, the following proviso shall be substituted.

“Provided further that not less than one-half of the total number of seats reserved for the Scheduled Castes, Scheduled Tribes and the Backward Classes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be:”;

(3)     for the third proviso, the following proviso shall be substituted.

“Provided also that not less than one-half of the total number of seats, including the seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Panchayat Samiti shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed:”;

(4)     in the fourth proviso,

(a)      for the words “Scheduled Castes and the Scheduled Tribes”, the words “Scheduled Castes, the Scheduled Tribes and the Backward Classes” shall be substituted;

(b)      for the words “three successive”, the words “two successive” shall be substituted;

(5)     in the fifth proviso, after the words “Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(6)     in the seventh proviso, for the words “next three”, the words “next two” shall be substituted;

(7)     for the eighth proviso, the following proviso shall be substituted.

“Provided also that provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf;”.

Section - 7.

In section 98 of the principal Act,

(1)     in sub-section (1),

(a)      in the third proviso,

(i)       for the words “Scheduled Castes and the Scheduled Tribes”, the words “Scheduled Castes, the Scheduled Tribes and the Backward Classes” shall be substituted;

(ii)      after the words “or the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(b)      in the fourth proviso, after the words “or the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(c)      in the fifth proviso, after the words “Scheduled Tribes”, occurring in two places, the words “or the Backward Classes” shall be inserted;

(d)      for the sixth proviso, the following proviso shall be substituted.

“Provided also that not less than one-half of the total number of the offices of the Sabhapati and the Sahakari Sabhapati reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a district, shall be reserved by rotation for the women belonging to the Scheduled Castes, or the Scheduled Tribes or the Backward Classes, as the case may be:”;

(e)      in the seventh proviso,

(i)       for the word “one-third”, the word “one-half shall be substituted;

(ii)      for the words “Scheduled Castes and the Scheduled Tribes”, the words “Scheduled Castes, the Scheduled Tribes and the Backward Classes” shall be substituted;

(f)       in the eighth proviso, for the words “Scheduled Tribes”, the words “Scheduled Tribes, the Backward Classes” shall be substituted;

(g)      in the eleventh proviso, for the words “three successive”, the words “two successive” shall be substituted;

(h)     in the twelfth proviso, after the words “or the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(i)       for the thirteenth proviso, the following provisos shall be substituted.

“Provided also that any member elected from an unreserved seat or from a seat reserved for another category shall be eligible for election to the office of the Sabhapati or the Sahakari Sabhapati reserved for a particular category if he belongs to such category and produces Scheduled Castes, Scheduled Tribes or a Backward Classes certificate, as the case may be, issued by the competent authority before the presiding officer in order to establish his claim:

Provided also that the provisions for reservation of the offices of Sabhapati and the Sahakari Sabhapati for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf;”; (2) in sub-section (9),

(a)      for the words “State Government”, occurring in two places, the words “prescribed authority” shall be substituted;

(b)      after the words “any office of profit”, the words “and he has not obtained leave of absence from his place of employment” shall be inserted;

(c)      after the proviso, the following proviso shall be added.

“Provided further that when a member holding the office of the Sabhapati or the Sahakari Sabhapati or officiating as Karmadhyaksha, is removed from office under any of the clauses (a) to (h) of sub-section (1) of section 100, he shall also be deemed to have been removed from the office of the Sabhapati, Sahakari Sabhapati or the Karmadhyaksha as the case may be, with immediate effect.”;

(2)     after sub-section (9), the following sub-section shall be inserted.

“(10) Without prejudice to any other provision in the Act, the prescribed authority may, after giving an opportunity to the Sabhapati or the Sahakari Sabhapati to show cause against the action proposed to be taken against him, by order, remove him from office if at the time of his election to the office of the Sabhapati or the Sahakari Sabhapati, he was not a member of any of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, for which such office of the Sabhapati or the Sahakari Sabhapati, is kept reserved and the Scheduled Castes or Scheduled Tribes or Backward Classes certificate produced by him at the time of such election is found to be spurious or has since been cancelled by the competent authority:

Provided that notwithstanding the action taken under this subsection, the person concerned may be proceeded against under the provisions of the Indian Penal Code, 1860 or any other law in force for the time being:

Provided further that a Sabhapati or a Sahakari Sabhapati, on being aggrieved by an order of removal by the prescribed authority, may, within thirty days from the date of the order, prefer an appeal to such authority as the State Government may appoint in this behalf and thereupon, such authority may direct the prescribed authority to refrain from taking any further action in the matter till the disposal of the appeal and may after giving notice of appeal to the prescribed authority and giving the appellant an opportunity of being heard, set aside, modify or confirm the order and the order passed on appeal by such authority shall be final and binding.”.

Section - 8.

In clause (h) of sub-section (1) of section 100 of the principal Act,

(1)     after the words “or the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(2)     after the words “or the Scheduled Tribe”, the words “or the Backward Class” shall be inserted.

Section - 9.

In clause (ii) of sub-section (2) of section 140 of the principal Act,

(1)     for the first proviso, the following proviso shall be substituted.

“Provided that seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Zilla Parishad and the number of seats so reserved shall bear, as nearly as may be and in accordance with such rules as may be made in this behalf by the State Government, the same proportions to the total number of seats in that Zilla Parishad to be filled up by election as the population of the Scheduled Castes or of the Scheduled Tribes or of the Backward Classes, as the case may be in that Zilla Parishad area, bears to the total population of that Zilla Parishad area and such seats shall be subject to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes or Scheduled Tribes or Backward Classes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population or the Backward Classes population as the case may be, in that Zilla Parishad area, bears with the total population in that Zilla Parishad area:”;

(2)     for the second proviso, the following proviso shall be substituted.

“Provided further that not less than one-half of the total number of seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes as the case may be:”;

(3)     for the third proviso, the following proviso shall be substituted.

“Provided also that not less than one-half of the total number of seats, including the seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes, in a Zilla Parishad shall be reserved for women, and the constituencies for the seats so reversed for women shall be determined by rotation, in such manner as may be prescribed:”;

(4)     in the fourth proviso,

(a)      for the words “Scheduled Castes and the Scheduled Tribes”, the words “Scheduled Castes, the Scheduled Tribes and the Backward Classes” shall be substituted;

(b)      for the words “three successive”, the words “two successive” shall be substituted;

(5)     in the fifth proviso, after the words “or the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(6)     in the seventh proviso, for the words “next three”, the words “next two” shall be substituted;

(7)     for the eighth proviso, the following proviso shall be substituted.

“Provided also that the provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf;”.

Section - 10.

In section 143 of the principal Act,

(1)     in sub-section (1),

(a)      in the third proviso,

(i)       for the words “Scheduled Castes and the Scheduled Tribes”, the words “Scheduled Castes, the Scheduled Tribes and the Backward Classes” shall be substituted;

(ii)      after the words “or the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(b)      in the fourth proviso, for the words “Scheduled Castes and the Scheduled Tribes”, the words “Scheduled Castes, the Scheduled Tribes and the Backward Classes” shall be substituted;

(c)      in the fifth proviso, after the words “or the Scheduled Tribes”, occurring in two places, the words “or the Backward Classes” shall be inserted;

(d)      for the sixth proviso, the following proviso shall be substituted.

“Provided also that not less than one-half of the total number of offices of the Sabhadhipati and the Sahakari Sabhadhipati reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in West Bengal, shall be reserved by rotation for the women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes as the case may be:”;

(e)      in the seventh proviso,

(i)       for the word “one-third”, the word “one-half shall be substituted;

(ii)      for the words “Scheduled Castes and the Scheduled Tribes”, the words “Scheduled Castes, the Scheduled Tribes and the Backward Classes” shall be substituted;

(f)       in the eighth proviso, for the words “Scheduled Tribes”, the words “Scheduled Tribes, the Backward Classes” shall be substituted;

(g)      in the eleventh proviso, for the words “three successive”, the words “two successive” shall be substituted;

(h)     in the twelfth proviso, after the words “or the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(i)       for the thirteenth proviso, the following provisos shall be substituted.

“Provided also that any member elected from an unreserved seat or from a seat reserved for another category shall be eligible for election to the office of the Sabhadhipati or the Sahakari Sabhadhipati reserved for a particular category if he belongs to such category and produces Scheduled Castes, Scheduled Tribes or a Backward Classes certificate, as the case may be, issued by the competent authority before the presiding officer in order to establish his claim:

Provided also that the provisions for reservation of the offices of Sabhadhipati and the Sahakari Sabhadhipati for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf.”;

(2)     in sub-section (9),

(a)      for the words “State Government”, occurring in two places, the words “prescribed authority” shall be substituted;

(b)      after the words “any office of profit”, the words “and he has not obtained leave of absence from his place of employment” shall be inserted;

(c)      after the proviso, the following proviso shall be inserted.

“Provided further that when a member holding the office of the Sabhadhipati or the Sahakari Sabhadhipati or officiating as Karmadhyaksha, is removed from office under any of the clauses (a) to (h) of sub-section (1) of section 145, he shall also be deemed to have been removed from the office of the Sabhadhipati, Sahakari Sabhadhipati or the Karmadhyaksha as the case may be, with immediate effect:”;

(3)     after sub-section (9), the following sub-section shall be inserted.

“(10) Without prejudice to any other provision in the Act, the prescribed authority may, after giving an opportunity to the Sabhadhipati or the Sahakari Sabhadhipati, to show cause against the action proposed to be taken against him, by order, remove him from office if at the time of his election to the office of the Sabhadhipati or the Sahakari Sabhadhipati, he was not a member of any of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, for which such office of the Sabhadhipati or the Sahakari Sabhadhipati, is kept reserved and the Scheduled Castes or Scheduled Tribes or Backward Classes certificate produced by him at the time of such election is found to be spurious or has since been cancelled by the competent authority:

Provided that notwithstanding the action taken under this sub-section, the person concerned may be proceeded against under the provisions of the Indian Penal Code, 1860 or any other law in force for the time being:

Provided further that a Sabhadhipati or the Sahakari Sabhadhipati, on being aggrieved by an order of removal by the prescribed authority, may, within thirty days from the date of the order, prefer an appeal to such authority as the State Government may appoint in this behalf and thereupon, such authority may direct the prescribed authority to refrain from taking any further action in the matter till the disposal of the appeal and may after giving notice of appeal to the prescribed authority and giving the appellant an opportunity of being heard, set aside, modify or confirm the order and the order passed on appeal by such authority shall be final and binding.”.

Section - 11.

In clause (h) of sub-section (1) of section 145 of the principal Act, after the words “or the Scheduled Tribes”, occurring in two places, the words “or the Backward Classes” shall be inserted.

Section - 12.

In sub-section (7) of section 172 of the principal Act.

(1)     for the words “State Government”, occurring in two places, the words “prescribed authority” shall be substituted;

(2)     after the words “any office of profit”, the words “and he has not obtained leave of absence from his place of employment” shall be inserted.

Section - 13.

In clause (ii) of sub-section (3) of section 185B of the principal Act.

(1)     for the first proviso, the following proviso shall be substituted.

“Provided that seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in a Mahakuma Parishad area and the number of seats so reserved shall bear, as nearly as may be and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Mahakuma Parishad to be filled up by election as the population of the Scheduled Castes or of the Scheduled Tribes or of the Backward Classes as the case may be, in that Mahakuma Parishad area, bears to the total population of that Mahakuma Parishad area and such seats shall be subject to allocation by rotation, in the manner prescribed to such different constituencies having Scheduled Castes or Scheduled Tribes or Backward Classes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population or the Backward Classes population as the case may be, in that Mahakuma Parishad area, bears with the total population in that Mahakuma Parishad area.”;

(2)     for the second proviso, the following proviso shall be substituted.

“Provided further that not less than one-half of the total number of seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes shall be reserved for women blonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes as the case may be:”;

(3)     for the third proviso, the following proviso shall be substituted.

“Provided also that not less than one-half of the total number of seats, including the seats reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes in the Mahakwna Parishad shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed:”;

(4)     in the fourth proviso,

(a)      for the words “Scheduled Castes and the Scheduled Tribes”, the words “Scheduled Castes, the Scheduled Tribes and the Backward Classes” shall be substituted;

(b)      for the words “three successive”, the words “two successive” shall be substituted;

(5)     in the fifth proviso, after the words “or the Scheduled Tribes”, the words “or the Backward Classes” shall be inserted;

(6)     in the seventh proviso, for the words “next three”, the words “next two” shall be substituted;

(7)     for the eighth proviso, the following proviso shall be substituted.

“Provided also that the provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India and the provisions for reservation of seats for the Backward Classes shall cease to have effect from the date on which the State Legislature by enactment decides so in this behalf;”.



[1] Received the Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 4th February, 2011.