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About Us |
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| Formation |
| With a view to bring the people of the classes of the State of West Bengal, other than the Scheduled Castes and the Scheduled Tribes, which are also backward in true sense considering all the factors and parameters including their social, educational, economic and dwelling state of affairs within the purview of a specific class viz., “Other Backward Class (OBC)” for the State of West Bengal to provide them with some legitimate facilities to help their uplift it was found expedient to constitute a State Commission therefore. Accordingly, the Government of West Bengal constituted the ‘West Bengal Commission for Backward Classes’ vide Notification No. 427-L dated 15.03.1993 in terms of enactment of the West Bengal Commission for Backward Classes Act, 1993 published in the Calcutta Gazette on 15th March, 1993. The Commission has subsequently been reconstituted from time to time. The powers for constitution of such act was derived from Article 340 of the Constitution of India. The powers and functions of the Commission have been vested as per the provisions of the West Bengal Commission for Backward Classes Act,1993. The Act has been in the process of amendment from time to time. |
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| Constitution |
| In terms of Section 3 under CHAPTER II of the Act the Commission consist of the following members as nominated by the State Government of West Bengal : |
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A Chairperson, who is or has been a Judge of the High Court ; |
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A social scientist ; |
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Two persons, who have special knowledge in matters relating to backward classes ; and |
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A Member Secretary, who is or has been an officer of the State Government in the rank of a Secretary to the Govt. of West Bengal. In terms of Section 2(b) of the Amendment of the Act, 2015 he will hold office for a term of five years from the date he assumes office or until he attains the age of sixty-five years whichever is earlier; |
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| Every member shall hold office for a term of three years from the date he assumes office. |
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| Jurisdiction |
| The jurisdiction of the Commission extends to the whole of West Bengal. |
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| Functions of the Commission |
| In terms of Section 9 under Chapter III of the Act the Commission examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender advice to the State Government as it deems appropriate. The advice of the Commission is ordinarily binding upon the State Government. |
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| In terms of Section 2 of the West Bengal Commission for Backward Classes (Amendment) Act, 2010 the above-mentioned section stands substituted as - |
“ 9(1)(a) : The Commission examine request for inclusion of any class of citizens as a backward class in the list and hear complaints of over-inclusion or under-inclusion of any backward class in such list and tender such advice to the State Government as it deems appropriate;
(b) : The advice of the Commission tendered under this sub-section is ordinarily binding upon the State Government ;
(2) : The Commission consider any reference from the State Government regarding inclusion of any class of citizen as a backward class in the list or deletion of any backward class therefrom.
(3) : The Commission on request from State Government examine the social and educational conditions and problems incidental thereto of any class of citizens belonging to the backward classes within the territory of West Bengal, and advise the State Government. |
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| Powers of the Commission |
| In terms of Sec.10 of the Act the Commission with the powers of a civil court trying and suit summon and enforce the attendance of any person from any part of India and examine him on oath, require the discovery and production of any document, receive evidence on affidavits, requisition any public record or copy thereof from any court or office, issue commissions for the examination of witness and documents and any other matter which may be prescribed. |
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| Chairpersons of the Commission since inception |
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Justice A. N. Sen |
| 2. |
Justice G. N. Roy |
| 3. |
Justice Malay Sengupta |
| 4. |
Justice Ashim Kumar Banerjee |
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| Procedure for getting identified as OBC |
| Any class of citizen who wants to be recognized by the Government of West Bengal as a 'Backward Class' needs to apply to the Commission in the prescribed proforma detailing out the socio economic and educational features of that class for consideration by the Commission. The prescribed proforma is available in the website of the Backward Classes Welfare Department (www.anagrasarkalyan.gov.in ) and the website of the Commission (www.wbcbc.in ). The Commission studies the features of the classes, gets their social, educational and economic status studied by the Cultural Research Institute, Govt. of West Bengal, any other body/organization of the Government which conducts Surveys , Statistical Work of the Government etc. and holds hearings before taking a decision as to whether the class can be recommended/ recognized as a Backward Class for the State of West Bengal. In the process, if found eligible the Commission recommends to the State Govt. in B.C.W. Department for inclusion of a particular class in the list of O.B.C. of West Bengal. Thereafter, the Govt. of West Bengal in BCW Department declares the said class as OBC of West Bengal following the procedures viz., policy of the State Govt. and Cabinet decision on the issue. |
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