Preliminary Examination[objective type questions, 50 Marks, 2 marks each question with 2 negative marks for wrong answering] ———— Current Affairs + General Awareness+ Law papers[ONE HOUR TIME]
The minimum marks required to appear in the written test, in the second phase, is 50% with negative marking in the preliminary test. Successful candidates shall be allowed to appear at the written examination in the second phase.
Written Examination [phase two] 100 MARKS EACH
1. Translation from Bengali to English
2. Precis Writing.
3. Essay Writing on General Awareness Topics
1. Code of Civil Procedure.
2. Arbitration & Conciliation Act.
3. Limitation Act.
4. Specific Relief Act.
5. Law relating to Intellectual Property.
6. Law relation to Contract.
7. Evidence Act.
1. Code of Criminal Procedure.
2. Indian Penal Code.
3. Negotiable Instruments Act (Sections 138 to 147).
4. NDPS Act.
5. Juvenile Justice (Care & Protection of Children) Act.
6. Protection of Children from Sexual Offences Act, 2012.
7. Protection of Women from Domestic Violence Act, 2005.
1. Transfer of Property Act.
2. Constitutional Law.
3. Statutes on Hindu Law relating to Marriage, Succession,
Adoption, Maintenance, Minority & Guardianship.
4. Muslim Law relating to Marriage, Maintenance, Minority &
5. Indian Succession Act.
6. Guardian and Wards Act.
7. Indian Trust Act.
1. West Bengal Premises Tenancy Act.
2. West Bengal Land Reforms Act.
3. West Bengal Estate Acquisition Act.
4. Bengal Public Demand Recovery Act.
5. Industrial Disputes Act.
6. Motor Vehicles Act.
Candidates should not be allowed to answer the questions with the assistance of books/ Bare Acts either in preliminary test or in written examination in second phase.
Old pattern examination was based on an open book system and followed up to 2017
1. Open Book System: Use of bare Statutes published by the Government Press without notes/annotation will be allowed at the written examination.
Paper – II : (1) Code of Civil Procedure; (2) Arbitration and Conciliation Act 1996; (3) Limitation Act 1963 ; (4) Specific Relief Act; (5) Law relating to Intellectual property; (6) Law relating to easement; (7) Law relating to Contract and Sale of Goods; (8) Registration Act.
Paper – III : (1) Code of Criminal Procedure; (2) Indian Penal Code; (3) Negotiable Instrument Act (Sections 138 to 147); (4) N.D.P.S. Act; (5) Juvenile Justice (Care and Protection of Children) Act 2015; (6) Arms Act 1959; (7) Forest Act with West Bengal Amendment (Sections 52-70).
Paper – IV : (1) Evidence Act ; (2) Transfer of Property Act 1882; (3) Motor Vehicles Act 1988; (4) Employee’s Compensation Act, 1923; (5) Industrial Disputes Act 1947; (6) Constitution of India (Articles 12-51, 214-237); (7) Indian Trusts Act 1882; (8) Hindu Laws relating to Marriage, Succession, Adoption & Maintenance, Minority and Guardianship; (9) Muslim Law relating to Marriage, Succession, Pre-emption, Maintenance, Minority and Guardianship; (10) Indian Succession Act 1925; (11) Guardian and Wards Act 1890.
Paper – V : (1) West Bengal Premises Tenancy Act 1997; (2) West Bengal Land Reforms Act 1955; (3) West Bengal Estate Acquisition Act 1953; (4) Bengal Public Demand Recovery Act 1913; (5) Bengal Money Lenders Act 1940; (6) West Bengal Thika Tenancy (Acquisition and Registration) Act 2001 (7) Kolkata Municipal Corporation Act 1980 ; (8) West Bengal Municipal Act 1993; (9) West Bengal Panchayat Act 1973.
Out of 100 Marks in each paper, 25 multiple choice type questions, 2 number for each with negative marking and 8 questions, out of which 5 broad questions,10 marks for each shall be asked for writing.
2. Viva-voce The Selection Board shall call such number of successful candidates in the written test for viva voce/personality test as it thinks fit strictly according to merit list prepared on the basis of aggregate marks obtained by those candidates but such number in no case should exceed thrice the number of vacant posts.
A three judges collegium shall take viva-voce, which may continue for 7 to 15 minutes for a candidate
- Acquisition of estates and of the rights of intermediaries therein (2/20/2018)
- Ad Valorem Court Fees in West Bengal (2/2/2018)
- Economically Weaker section occupying Vested Land for Homestead purpose in Urban Areas in WB (6/11/2019)
- Functions of a Collector in respect of Conversion Cases [In West Bengal] (6/11/2019)
- Simplified Procedure of Mutation [in West bengal] (6/11/2019)
- The West Bengal Prevention Of Defacement Of Property Act, 1976 (8/21/2019)
- The West Bengal Valuation Board Act, 1978 (1/8/2018)
- West Bengal Correctional Services Act, 1992 (10/20/2017)
- West Bengal Private Security Agencies (Regulation) Rules, 2007 (11/11/2018)
- West Bengal Stamp (Prevention of Undervaluation of Instruments) Rules 2001 (1/28/2020)
- West Bengal State Higher Educational Institutions (Reservation in Admission) Act 2013 (1/28/2020)
- West Bengal Thika Tenancy (Acquisition and Regulation) (Amendment) Act, 2019 (11/17/2019)
- West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (8/10/2017)
- West Bengal Workmen’s House-Rent Allowance Act, 1974 (1/28/2020)
- West Bengal Workmen’s House-Rent Allowance Rules 1975 (1/28/2020)
- Department of Agricultural Marketing
- Department of Agriculture
- Department of Animal Resources Development
- Department of Backward Classes Welfare
- Department of Consumer Affairs
- Department of Co-operation
- Department of Correctional Administration
- Department of Disaster Management and Civil Defence
- Department of Environment
- Department of Finance
- Department of Fire & Emergency Services
- Department of Fisheries, Aquaculture, Aquatic Resources & Fishing Habours
- Department of Food & Supplies
- Department of Forests
- Department of Food Processing Industries & Horticulture
- Department of Health & Family Welfare
- Department of Higher Education
- Department of Home and Hill Affairs
- Department of Housing
- Department of Information and Cultural Affairs
- Department of IT & Electronics
- Department of Irrigation & Waterways
- Department of Judicial
- Department of Labour
- Department of Land & Land Reforms and Refugee Relief & Rehabilitation 162
- Department of Law
- Department of Industry, Commerce & Entreprises
- Office of the Legal Remembrancer
- Department of Mass Education Extension & Library Services
- Department of Minority Affairs and Madrasah Education
- Department of Micro, Small & Medium Enterprises & Textiles
- Department of North Bengal Development
- Department of Panchayats & Rural Development
- Department of Personnel & Administrative Reforms
- Department of Parliamentary Affairs
- Department of Paschimanchal Unnayan Affairs
- Department of Planning & Statistics and Department of Programme Monitoring
- Department of Power & NES
- Department of Public Health Engineering
- Public Works Department
- Department of School Education
- Department of Science & Technology and Biotechnology
- Department of Self Help Group & Self Employment
- Sundarban Affairs Department
- Department of Technical Education & Training and Skill Development
- Department of Tourism
- Department of Transport
- Department of Tribal Development
- Department of Urban Development and Municipal Affairs
- Department of Water Resources Investigation & Development
- Department of Women Development & Child Development and Social Welfare
- Department of Youth Services and Sports
Paper-I be of three parts:-
- Part-A of 15 marks consisting of Subjective/ Short Essay Type questions to be answered in English only,
- Part-B of 15 marks consisting of Subjective/ Short Essay Type questions to be answered either in English or in Bengali &
- Part-C of 15 marks consisting of Subjective/ Short Essay Type questions to be answered in English. Paper-IIbe of 10 marks consisting of 20 Multiple Choice Objective Type questions.
Syllabus of Paper-I – Part-A
(To be answered in English only)
- The West Bengal Board of Secondary Education Act, 1963.
- The West Bengal Council of Higher Secondary Education Act, 1975.
- The West Bengal Board of Madrasah Education Act, 1994.
- The West Bengal School Service Commission Act, 1997
- The West Bengal Schools (Control of Expenditure) Act, 2005
- The West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005
- The West Bengal School Service Commission (Selection of persons for appointment to the Post ofTeachers) Rules, 2007
- The West Bengal Schools (Recruitment of Teachers on vacancy caused by leave or deputation) Rules, 2006
- The West Bengal Panchayat Act, 1973.
- The West Bengal Municipal Act.
- The Constitution of India.
- Compositions of the Board of Secondary Education, Board of Madrasah Education and the Council ofHigher Secondary Education.
- Procedure for Recruitment of Teaching/Non-teaching Staff; appointment, approval and their confirmation.
- Break -in Service Condonation, Lien, Leave Rules.
- Resignation, Termination & Dismissal.
- Service Rules of Teachers/Non-teaching Staff including Pension matters and Retirement Benefits.
- Improvement of Qualification as In-Service Teaching / Non-Teaching Staff.
- Grant-in-Aid Rules, Treasury Functions, House Rent Rules, Arrear Claims.
- GPF & CPF Rules- Change of Option.
- ROPA-various aspects-Fixation of Pay etc-Change of Option
Syllabus of Paper-I– Part-B
(To be answered either in English or in Bengali)
- Resolution Drafting.
- Preparation of School Time-Table.
- Revision of Syllabus and Curriculum.
- Maintenance of Books of Accounts.
- Staff Patterns of different Schools.
- Discipline and Model Management Procedure.
- Management Rules and Managing Committees.
- Acquaintance with different Govt. Rules and Orders connected with School administration.
- Co-curricular activities in school-its character and significance.
Syllabus of Paper-I– Part-C
(To be answered in English only)
1. Official Correspondences.
2. English Grammar (Up to Higher Secondary Standard).
Syllabus of Paper-II
Objective Type (To be answered in OMR)
1. General Awareness.
2. Current Affairs.
3. Elementary Mathematics.
Selection conditions of Headmaster/Headmistress is as follows:
(A) Written Examination – 55 marks
(B) Academic including Professional Qualifications – 25 marks
(C) Higher Qualifications – 3 marks
(D) Teaching Experience – 7 marks
(E) Personality Test [Appearance before the P.T.Board is compulsory] – 10 marks
Total – 100 marks
Bengal Act 12 of 1932
[20th October, 1932.]
An Act to provide for suppressing the terrorist movement in Bengal.
Whereas it is expedient to make special provisions for the purpose of suppressing the terrorist movement in Bengal and to provide for the speedier trial of offences committed in furtherance of or in connection with the said movement;
And whereas the previous sanction of the Governor General has been obtained under sub-section (3) of section 80A of the Government of India Act to the passing of this Act;
It is hereby enacted as follows:-
1. Short title, extent and duration. – (1) This Act may be called the Bengal Suppression of Terrorist Outrages Act, 1932.
(2) This section, section 2, [Chapters II and III] and the Schedule extend to the whole of [West Bengal]. The [State Government] may, by notification in the [Official Gazette], extend any or all of the provisions of Chapter I to any area in [West Bengal].
(3) This Act shall continue in force as long as the Bengal Criminal Law Amendment Act, 1930, remains in force.
2. Definitions. – In this Act, unless there is anything repugnant in the subject or context, –
(a) “absconder” means a person against whom a warrant is in force on account of an offence under the Indian Penal Code or any other law or in respect of whom an order of arrest has been made under sub-section (1) of section 2 [or sub-section (1) of section 2A] of the Bengal Criminal Law Amendment Act, 1930;
(b) “the Code” means the Code of Criminal Procedure 1898; [* * *]
(c) “schedule offence” means any offence specified in the Schedule to this Act; [and]
[(d) “the appropriate Government” means, in relation to any of the matters enumerated in List I in the Seventh Schedule to the Government of India Act, 1935, the Central Government, and in relation to any other matter, the [State] Government.]
3. Power to detain and question persons behaving suspiciously. – (1) Any [servant of the Government] authorised in this behalf by general or special order of the [State Government] may require any person whom on reasonable grounds he suspects to be acting or about to act in a manner prejudicial to the public safety or peace to give an account of his identity and movements, and may arrest and detain him for a period not exceeding twenty-four hours for the purpose of obtaining and verifying his statements.
(2) An officer making an arrest under this section may in so doing use any means that may be necessary to effect the arrest.
4. Power to take possession of immovable property. – (1) If, in the opinion of the [State Government], it is necessary to utilize any particular land or building for quarters or offices for public servants, or for the accommodation of troops or police or prisoners or persons in custody in places where public lands or buildings are not sufficient for the purpose, the [State Government] may by order in writing, require the occupier or other person in charge of the land or building to place it at the [disposal of the State Government] at such time as may be specified in the order, together with the whole or any part specified in the order of any fixtures, fittings, furniture or other things for the time being in the building : and the [State Government] may utilize such land, building, fixtures, fittings, furniture or other things in such manner as it may consider expedient:
Provided that reasonable notice and reasonable facilities for withdrawal shall be given to persons occupying any such building before possession is taken under this section:
Provided also that the land or building –
(a) shall not be utilized as to wound the religious feelings of the owner or of the persons who were in occupation when possession was taken; and
(b) shall not as far as practicable, be so utilized as to interfere with access to any place of worship situated in or contiguous to the land or building.
5. Power to take possession of movable property. – If, in the opinion of the District Magistrate, it is necessary to utilize any product, article or thing, or any class of product, article or thing, in furtherance of the purposes of this Act, the District Magistrate may, by order in writing, require any owner or person in charge of such product, article or thing to place it at the [disposal of the State Government] at such time and place as may be specified in the order; and the District Magistrate may utilize it in such manner as he may consider expedient.
6. Power to prohibit or limit access to certain places. – The District Magistrate may, by order in writing, prohibit or limit, in such way as he may think expedient for the purposes of this Act, access to any building or place in the possession or under the control [of the Central or the State Government] or of any railway administration or local authority, or to any building or place in the occupation, whether permanent or otherwise, of [Government’s] Naval, Military or Air forces or of any police force, or to any place in the vicinity of any such building or place.
7. Power to prohibit or regulate traffic. – The District Magistrate may, by order in writing, prohibit or regulate, in such way as he may think expedient for the purposes of this Act, traffic over any road, pathway, bridge, waterway or ferry.
8. Power to regulate means of transport. – (1) The District Magistrate may, by order in writing, require any person to make, in such form and within such time and to such authority as may be specified in the order, a return of any vehicles or means of transport owned by him or in his possession or under his control.
(2) The District Magistrate, if, in his opinion, it is expedient for the purposes of this Act, may, by order in writing, require any person owning or having in his possession or under his control any vehicle or means of transport to take such order therewith for such period as may be specified in the order.
9. Compensation. – The Collector shall, on the application of any person who has suffered loss by the exercise of the powers conferred by section 4 or section 5 or sub-section (2) of section 8, award to such person such reasonable compensation as he thinks proper.
10. Powers regarding arms, ammunition, etc. – (1) The District Magistrate may, by order in writing published in such manner as he thinks best adapted for informing the persons concerned, –
(a) prohibit or regulate the purchase, sale or delivery of, or other dealing in, any arms, parts of arms, ammunition or explosive substances; or
(b) direct that any person owning or having in his possession or under his control any arms, parts of arms, ammunition or explosive substances, shall keep the same in a secure place approved by the District Magistrate or remove them to any place specified in the order.
(2) The District Magistrate may take possession of –
(a) any arms, ammunition or explosives, or
(b) any tools, machinery, implements or other material of any kind, likely, in his opinion, to be utilized, whether by the owner or by any other person, for the commission of any scheduled offence,
and may make such orders as he may think fit for the custody, and disposal thereof.
11. Power to require the assistance of any person. – The District Magistrate may require any person residing in the district to assist in the restoration and maintenance of law and order and in the protection of property in the possession or under the control [of the Central or the State Government], or of any railway administration or local authority, in such manner and within such limits as the District Magistrate may specify:
Provided that before passing any order under this section the District Magistrate shall satisfy himself that such order is not of a harassing or humiliating nature or incompatible with the ability or position in life of the person concerned:
Provided also that no female person shall be required to render any assistance.
[11A. Power to prohibit use of places for purposes of certain associations. – (1) If the District Magistrate is of opinion that any place is being used for the purpose of an association which encourages or aids persons to commit acts of violence or intimidation he may, by order in writing, published in such manner as he thinks best adapted for informing the persons concerned, prohibit the use of such place for such purposes.
(2) In this section and sections 11B and 11C “place” includes a house or building, or part thereof or a tent or vessel.
11B. Power to take possession of places used for purposes of certain associations. – (1) If, in the opinion of the District Magistrate, any place is being used in contravention of an order published under section 11A, the District Magistrate or any officer authorised in this behalf in writing by the District Magistrate may take possession of such place and evict therefrom any person found therein, and shall forthwith make a report of the taking possession to the [State Government] :
Provided that where such place contains any apartment occupied by women or children reasonable time and facilities shall be afforded for their withdrawal:
Provided also that if such place is regularly used for the purposes or worship of religious observances reasonable facilities shall be afforded for the continued use of such place for such purposes.
(2) The District Magistrate or officer taking possession of any place under sub-section (1) shall allow reasonable facilities for the removal of any movable property from the said place by any person who applies for, and, in the opinion of the District Magistrate or such officer, is entitled to possession of such property unless such property is liable to forfeiture or seizure under any law for the time being in force.
(3) Where possession of any place has been taken under sub-section (1), the District Magistrate, on the application of any person who has suffered loss thereby, shall, if such person, in the opinion of the District Magistrate, has not used such place for the purposes of, and has no connection with, any association of the nature described in sub-section (1) of section 11A, award to such person, such reasonable compensation as the District Magistrate thinks proper.
(4) Where possession of any place has been taken under sub-section (1) the [State Government] may at any time direct that possession of such place shall be relinquished.
11C. Penalty for entering or remaining upon a place of which possession is taken. – Any person who enters or remains without the permission of the District Magistrate or of an officer authorised by him in this behalf, upon a place of which possession is taken under section 11B shall be punishable with imprisonment which may extend to six months, or with fine, or with both.]
12. Power to issue search warrants. – The power to issue search-warrants conferred by section 98 of the Code shall be deemed to include a power to issue warrants authorising –
(a) the search of any place in which any Magistrate mentioned in that section has reason to believe that any schedule offence or any offence punishable under this Act has been, is being or is about to be committed or that preparation for the commission of any such offence is being made;
(b) the seizure in or on any place searched under clause (a) of anything which the officer executing the warrant has reason to believe is being used, or is intended to be used, for any purpose mentioned in that clause;
and the provisions of the Code shall, so far as may be, apply to searches made under the authority of any warrant issued and to the disposal of any property seized, under this section.
13. General power of search. – Any authority on which any power is conferred by or under this Chapter may authorise any person to enter and search any place the search of which such authority has reason to believe to be necessary for the purpose of –
(a) ascertaining whether any order given, direction made or condition prescribed in the exercise of such power has been duly complied with; or
(b) generally, giving effect to such power or securing compliance with, or giving effect to, any order given, direction made or condition prescribed in the exercise of such power.
14. Power to give effect to orders if disobeyed. – If any person disobeys or neglects to comply with an order made, direction given, or condition prescribed, in accordance with the provisions of this Chapter, the authority which made the order, gave the direction or prescribed the condition may take or cause to be taken such action as it thinks necessary to give effect thereto but shall not in any case inflict more harm than is necessary for such purpose.
15. Imposition of collective fine on inhabitants of turbulent areas. – (1) Where it appears to the [State Government] that the inhabitants of any area are concerned in the commission of scheduled offences or are in any way assisting persons in committing such offences, the [State Government] may, by notification in the [Official Gazette] impose a collective fine on the inhabitants of that area.
(2) The [State Government] may exempt any person or class or section of such inhabitants from liability to pay any portion of such fine:
Provided that such exemption shall not be based upon communal or racial considerations.
(3) The District Magistrate, after such enquiry as he may deem necessary, shall apportion such fine among the inhabitants who are liable collectively to pay it, and such apportionment shall be made according to the District Magistrate’s judgment of the respective means of such inhabitants.
(4) The portion of such fine payable by any person may be recovered from him as a fine [or as a public demand] under the Bengal Public Demands Recovery Act, 1913.
(5) The [State Government] may award compensation out of the proceeds of a fine realised under this section to any person who, in the opinion of the [State Government], has suffered injury to person or property by the unlawful act of the inhabitants of the area.
16. Penalty for disobeying orders under this Chapter. – Whoever disobeys or neglects to comply with any order made, direction given, or condition prescribed in accordance with the provisions of this Chapter or impedes the lawful exercise of any power referred to in this Chapter, shall be punishable with imprisonment which may extend to six months, or with fine, or with both.
17. Delegation of powers. – (1) The [State Government] may invest the District Magistrate with the powers of a [State Government] under section 4.
(2) The [State Government] may invest any Sub-divisional Magistrate, or any police officer not below the rank of Deputy Superintendent or any military officer not below the rank of Captain with any of the powers of a District Magistrate under this Chapter except powers under [section 11A or] sub-section (3) of section 15.
(3) The District Magistrate may, by order in writing, authorise any civil or military officer to exercise in a specified area or in connection with a specified operation or series of operations any of the powers of the District Magistrate under this Chapter or with which the District Magistrate has been invested under sub-section (1).
18. Power to make rules. – (1) The [State Government] [* * *] may, by notification in the [Official Gazette], make rules –
(a) to prevent communications with absconders and to secure information of the movements of absconders;
(b) to prevent attacks on the persons or property of [Government] subjects, or to secure information of such attacks and of designs to make such attacks;
(c) to secure the safety of [Government] forces and police;
(d) to regulate the exercise of powers conferred by or under this Chapter;
(e) to provide for the custody pending production before a Court of prisoners taken in circumstances in which the provisions of the Code cannot be followed without undue inconvenience;
(f) generally, to carry out the purposes of this Chapter.
(2) In making a rule under this section the [State Government] may provide that any contravention thereof shall be punishable with imprisonment which may extend to six months, or with fine, or with both.
19. Bar of jurisdiction. – Except as provided in this Chapter, no proceeding or order purporting to be taken or made under this Chapter shall be called in question by any Court, and no civil or criminal proceeding shall be instituted against any person for anything in good faith done or intended to be done under this Chapter.
20. Operation of other penal laws not barred. – Nothing contained in this Chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence punishable under this Chapter.
21. Offences under this Chapter to be cognizable and non-bailable. – Notwithstanding anything contained in the Code, any offence punishable under this Chapter shall be cognizable and non-bailable.
22. Certain other offences to be cognizable and non-bailable. – (1) Notwithstanding anything contained in the Code, an offence punishable under sections 160, 186, 187, 188, 189, 227, 228, 505, 506, 507 or 508 of the Indian Penal Code, or under section 17 of the Indian Criminal Law Amendment Act, 1908, shall be cognizable and non-bailable.
(2) Notwithstanding anything contained in section 195 or section 196 of the Code, any Court otherwise competent to take cognizance of an offence punishable under sections 186, 187, 188, 228 or 505 of the Indian Penal Code may take cognizance of such offence upon a police-report being made to it under clause (a) of sub-section (1) of section 173 of the Code, but shall not proceed with the trial unless it has received a complaint in respect of such offence under section 196, as the case may be, and the absence of such complain shall be reasonable cause, within the meaning of section 344 of the Code, for postponing the commencement of the trial and for remanding the accused.
23. District Magistrate in Calcutta. – If this Chapter is extended to the Presidency town of Calcutta, “District Magistrate” shall, for the purposes of this Chapter, mean, in that town, the Commissioner of Police.
24. Special Magistrate. – Any Presidency Magistrate or Magistrate of the First Class who has exercised powers as such for a period of not less than four years may be invested by the [appropriate Government] with the powers of a Special Magistrate under this Act.
25. Jurisdiction of Special Magistrates. – [(1)] Where, in the opinion of the [appropriate Government], or of the District Magistrate if empowered by the [appropriate Government] in this behalf, there are reasonable grounds for believing that any person has committed a scheduled offence not punishable with death in furtherance of or in connection with the terrorist movement or an offence punishable under this Act, [or under section 6 of the Bengal Criminal Law Amendment Act, 1930] the [appropriate Government] or District Magistrate, as the case may be, may, by order in writing, direct that such person shall be tried by a Special Magistrate.
[(2)] Where, in the opinion of the [appropriate Government], there are reasonable grounds for believing that any person has committed, or attempted or conspired to commit, or abetted the commitment of, any offence under the Indian Arms Act, 1878, for the purpose of making, or assisting any person to make unlawful gain by trafficking in arms or ammunition without a license under the said Act, the [appropriate Government] may, by order in writing, direct that such person shall be tried by a Special Magistrate.
26. Procedure of Special Magistrates. – (1) In the trial of any case under this Act, a Special Magistrate shall follow the procedure prescribed by the Code for the trial of warrant cases by Magistrates:
Provided that the Special Magistrate shall not be bound to adjourn any trial for any purpose unless such adjournment is, in his opinion, necessary in the interests of justice.
(2) In matters not coming within the scope of sub-section (1), the provisions of the Code, so far as they are not inconsistent with this Chapter, shall apply to the proceedings of a Special Magistrate ; and for the purposes of the said provisions the Special Magistrate shall be deemed to be a Magistrate of the First Class.
27. Sentences by Special Magistrates. – A Special Magistrate may pass any sentence authorised by law, except a sentence of death or of transportation or imprisonment for a term exceeding seven years.
28. Appeals. – (1) Where a Special Magistrate in any district passes a sentence of transportation for a term not exceeding two years or of imprisonment for a term not exceeding four years, or of fine, an appeal shall lie to the Court of Session.
(2) An appeal under sub-section (1) shall be presented within thirty days from the date of the sentence.
29. Retrospective effect of directions under section 25. – No direction shall be made under section 25 for the trial of any person by a Special Magistrate, for an offence for which he was being tried at the commencement of this Act before any Court but, save as aforesaid, a direction under the said section may be made in respect of any person accused of a scheduled offence [[or an offence] referred to in sub-section (2) of section 25], whether such offence was committed before or after the commencement of this Act.
30. Power to convict for offence proved. – If in any trial under this Chapter it is found that the accused person has committed any offence, whether such offence is or is not a scheduled offence [[or an offence] referred to in sub-section (2) of section 25], the Special Magistrate may convict such person of such offence and, subject to the provision of section 27, pass any sentence authorised by law for the punishment thereof.
31. Power to exclude persons or public from precincts of Court. – A Special Magistrate may, if he thinks fit, order at any stage of a trial that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Special Magistrate as a Court:
Provided that where in any case the Public Prosecutor or Advocate-General, as the case may be, certifies in writing to the Special Magistrate that it is expedient in the interests of the public peace or safety or of the peace or safety of any of the witnesses in the trial that the public generally should not have access to, or be or remain in. the room or building used by the Special Magistrate as a Court, the Special Magistrate shall order accordingly.
32. Powers of Special Magistrates to deal with refractory accused. – (1) Where any accused, in a trial before a Special Magistrate, has, by his voluntary act, rendered himself incapable of appearing before the Magistrate, or resists his production before the Magistrate, or behaves before the Magistrate in a persistently disorderly manner, the Magistrate may, at any stage of the trial, by order in writing made after such inquiry as he may think fit, dispense with the attendance of such accused for such period as he may think fit, and proceed with the trial in the absence of the accused.
(2) Where a plea is required in answer to a charge from an accused whose attendance has been dispensed with under sub-section (1), such accused shall be deemed not to plead guilty.
(3) An order under sub-section (1) dispensing with the attendance of an accused shall not affect his right of being represented by a pleader at any stage of the trial, or of being present in person if he has become capable of appearing, or appears before the Magistrate and undertakes to behave in an orderly manner.
(4) Notwithstanding anything contained in the Code, no finding, sentence or order passed in a trial before a Special Magistrate shall be held to be illegal by any Court by reason of any omission or irregularity whatsoever arising from the absence of any or all of the accused whose attendance has been dispensed with under sub-section (1).
33. Special rule of evidence. – Notwithstanding anything contained in the Indian Evidence Act, 1872, when the statement of any person has been recorded by any Magistrate, such statement may be admitted in evidence in any trial before a Special Magistrate if such person is dead or cannot be found or is incapable of giving evidence and the Special Magistrate is of opinion that such death, disappearance, or incapacity has been caused in the interests of the accused.
34. Application of ordinary law. – The provisions of the Code and of any other law for the time being in force, in so far as they may be applicable and in so far as they are not inconsistent with the provisions of this Chapter, shall apply to all matters connected with, arising from or consequent upon a trial by Special Magistrates.
Possession of Certain Literature
35. Penalty for possession of certain prohibited documents. – Whoever knowingly has in his possession any newspaper, book or other document –
(a) the importation of which has been prohibited under [the Sea Customs Act, 1878,] or
(b) copies whereof have been declared to be forfeited to [Government] under any law for the time being in force,
shall be punishable with imprisonment which may extend to three years or with fine, or with both.
36. Penalty for possession of documents inciting to or encouraging the commission of certain offences. – Whoever has in his possession any newspaper, book or other document which contains any words, signs or visible representations which –
(a) incite to or encourage, or tend to incite to or to encourage, the commission of any offence of murder, robbery, dacoity or criminal intimidation, or any offence punishable under the Indian Arms Act, 1878, the Explosive Substances Act, 1908, or under sections 121, 121A, 122, 124, 326, 329, 332, 386, 399, 400, 402, 435, 436, or 440 of the Indian Penal Code, or
(b) directly or indirectly express approval or admiration of any such offence in a manner likely to encourage the commission of the offence, shall, unless he proves that he had such newspaper, book or document in his possession –
(i) in circumstances indicating that he did not intend that it should, and did not know that it could, be used for the purpose of disseminating any doctrine tending to further or encourage the terrorist movement; or
(ii) for the purposes of bona fide research or study not connected with the furtherance or encouragement of the terrorist movement be punishable with imprisonment which may extend to three years or with fine, or with both.
37. Meaning of “book”, “document” and “newspaper”. – In sections 35 and 36, “book”, “document” and “newspaper” have the same meaning as in clauses (1), (2) and (5) respectively of section 2 of the Indian Press Emergency Powers Act, 1931.
38. Cognizance of offences under sections 35 and 36. – (1) No Court shall take cognizance of an offence punishable under section 35 or section 36 except upon complaint made by order of, or under authority from, the [appropriate Government] or a District Magistrate empowered by the [appropriate Government] in this behalf.
(2) No complaint shall be made under sub-section (1) unless the [appropriate Government] or the District Magistrate, as the case may be, –
(a) is satisfied that the newspaper, book or document in respect of which the offence is alleged to have been committed contains words, signs or visible representations which tend to further or encourage the terrorist movement or the commission of any offence in connection with that movement; and
(b) is of opinion that the person alleged to have committed the offence –
(i) intended that the newspaper, book or document should, or knew that it could, be used for the purpose of disseminating any doctrine tending to further or encourage the terrorist movement; or
(ii) is a person to whom the provisions of sub-section (1) of section 2 of the Bengal Criminal Law Amendment Act, 1930, are applicable.
39. Offences under section 35 or section 36 to be cognizable and bailable. – Notwithstanding anything contained in the Code, an offence punishable under section 35 or section 36 shall be cognizable and bailable.
[See section 2(e)]
(a) Any offence punishable under any of the following sections of the Indian Penal Code, namely, sections 121, 121A, 122, 123, 148, 212, 216, 216A, 302, 304, 307, 324, 326, 327, 327, 332, 333, 385, 386, 387, 392, 394, 395, 396, 396, 400, 401, 402, 431, 435, 436, 437, 438, 440, 454, 455, 457, 458, 459, 460 and 506;
(b) any offence under the Explosive Substances Act, 1908;
(c) any offence under the Indian Arms Act, 1878;
(d) any attempt or conspiracy to commit, or any abetment of, any of the above offence.
ADVERTISEMENT NO. 3 / 2019
The PSC Commission will hold the West Bengal Judicial Service Examination, 2019 for recruitment to the post of Civil Judge (Jr. Divn.) in West Bengal Judicial Service.
The W.B.J.S. Examination will be held in three successive stages, viz., (i) Preliminary Examination (MCQ Type), (ii) Final Examination (Conventional Type – Written) and (iii) Personality Test. A number of candidates to be selected on the results of the Preliminary Examination will be allowed admission to the Final Examination and a number of candidates to be selected on the results of the Final Examination will be called to appear at the Personality Test.
The Preliminary Examination will be held in Kolkata (Code – 01) and Darjeeling (Code – 02) in April, 2019 or thereabout. Only candidates of Kalimpong District and three Hill Sub-divisions of Darjeeling, viz., Darjeeling Sadar, Mirik and Kurseong will be allowed to appear at Darjeeling Centre.
The Final written Examination will be held at Kolkata in June, 2019 or thereabout. Personality test will be held thereafter in the office of the Public Service Commission, West Bengal.
SCHEME AND SYLLABUS
Preliminary Examination : The Preliminary Examination will consist of one paper of Objective Type containing 200 Multiple Choice Questions. The paper will carry 200 marks and will be of 21 /2 hours’ duration.
The Standard of the paper will be of the level of knowledge as expected of a graduate in Law of a recognized University. The paper will include questions covering the following fields of knowledge :
1. English Composition 30 marks
2. General Knowledge, Current Affairs and Test of Reasoning 40 marks
3. Indian Constitution 20 marks
4. Law of Contracts and Torts 20 marks
5. Laws of Evidence 20 marks
6. Civil Procedure Codes 20 marks
7. Criminal Procedure Code and Indian Penal Code 20 marks
8. Personal Law 10 marks
9. Law of Limitation 20 marks
Syllabus for Preliminary Examination: Questions on English Composition will cover
synonyms, antonyms, idioms and phrases, vocabulary test, phrasal verbs, the same words bearing more than one meaning, use of appropriate and qualifying words etc.
Final Examination: The Final examination will consist of eight compulsory papers and three papers on optional subjects to be chosen by the candidates from the list of Optional Subjects. Each compulsory and Optional paper will carry 100 marks and will be of three hours duration.
Compulsory Papers :
1. English Composition, essay, précis writing ;
2.Bengali/Hindi/Urdu/Nepali/Santali composition, essay and translation from English into Bengali/Hindi/Urdu /Nepali/Santali ;
3. General Knowledge and Current Affairs ;
4. Civil procedure Code ;
5. Criminal Procedure Code and Indian Penal Code ;
6. Indian Evidence Act ;
7. Law of Contracts and Torts and
8. Transfer of Property Act.
Optional Papers (any three to be chosen) :
1. Hindu Law ;
2. Muhammadan Law ;
3. Jurisprudence and principles of legislation ;
4. Indian Law relating to Companies and Insurance ;
5. Principles of Equity including the Law of Trusts and Specific Relief ;
6. Partnership Act ;
7. Law of Limitation and Law of Prescription ;
8. The Indian Constitution and Constitutional Law.
The standard of examination in the Law papers (Compulsory and Optional) will be that of the LL.B. Degree of the Calcutta University. All answers must be written either in English or in Bengali (unless otherwise directed in the question papers) except in the language papers.
Personality Test: 100 marks.
The Preliminary Examination is meant to serve as a screening test only for the purpose of selection of candidates for the Final Examination. The marks obtained by the candidates in the Preliminary Examination will not be counted for the purpose of determining the final merit list. The Final merit list will be prepared on the basis of total marks obtained in the Final Examination and the Personality Test. There shall be no separate qualifying marks for any individual paper or for the Personality Test. The Commission shall have discretion to fix qualifying marks in the aggregate.
In all the answer papers of the Final Examination due credit will be given for proper economy of words combined with clarity and effectiveness of expression and originality of approach.
Deduction of Marks: A deduction of 10% of full marks may be made from the total marks
secured by a candidate in a particular paper if he/she discloses his/her identity by writing his/her name, roll number or by putting any identifying marks inside the Answer Script of that paper.
For further details and assistance the candidates may contact the following
numbers on any working day from 10-00 a.m. to 6-00 p.m.
(033) 2262-4181 [Related to Offline Payment]
(033) 4003-5104 [Related to Online Payment]
For Technical Support :
9836289994 Help Desk
Email-id :- firstname.lastname@example.org
Government of West Bengal
No. 9008-F(P), dated 16.09.2011
In order to provide security of tenure, appropriate emoluments and certain terminal benefits subject to fulfillment of certain conditions to the casual/ daily rated/ contractual workers who have remained engaged in various Government establishments for a considerable period of more than 10 years in connection with implementation of various schemes/ projects of various Departments of the Government two memorandums vide No. 2966-F(P) dated 23.04.2010 and No. 11794-F(P) dated 22.12.2010 were issued by the Government in Finance Department.
The question of making the provisions of the two aforesaid orders more effective and suitable to the convenience of the Government Establishments/ Organizations has been under active consideration of the Government for some time past.
After careful consideration of the matter and in suppression of the aforesaid orders and all other orders issued by other Departments in the matter, the undersigned is directed by order of the Governor to say that the casual/ daily rated/ contractual workers, who are remaining attached to various establishments of the Government Departments/ Directorates/ Regional Offices/ Other Organizations for not less than 10 years continuously as on 01.08.2011 and have rendered service for at least 240 days each year will be allowed the following benefits:
i) The casual/ daily rated/ contractual workers who have rendered 10 years of service continuously with at least 240 days attendance each year may remain engaged in the same status and capacity till their attaining the age of 60 years.
The Continuity of service shall have to be certified by a competent officer not below the rank of Assistant Secretary in the case of a secretariat Department, Director in the case of a Directorate and Assistant Engineers/ SDO/ BDO in the case of Regional Offices. The concerned officer, who certifies may be advised to exercise extreme precautions and take assistance of an office of WBA & AS, if necessary.
ii) An entry point basic pay in PB-I i.e. Rs. 6600/- (Rs. 4900 + 1700) p.m. will be admissible to casual/ daily rated/ contractual Group ‘D’ workers as consolidated remuneration, similar entry point pay (entry point pay in the Pay Band plus Grade Pay) will be admissible to casual/ daily rated/ contractual Group ‘C’ worker and an employee of any other category, if he/ she fulfils the required condition will be entitled to a monthly remuneration which will be minimum entry level pay of Pay Band and Grade Pay corresponding to his/ her category and the remuneration may be determined in consultation with the Finance Department in the same manner as mentioned above.
iii) When such casual/ daily rated/ contractual workers are allowed the entry point basic pay, they will not get any other allowances like dearness allowance, house rent allowance etc. However, their basic pay will be enhanced by 5% after every three years and the three years will be counted by treating the period from 1st August 2011 to 1st July 2012 as completed year for giving effect to 5 per cent increase in basic pay.
iv) The remuneration of casual/ daily rated/ contractual workers who have not yet completed 10 years service will be equivalent to 75% of the remuneration admissible under sub-para (ii) above subject to a minimum of Rs. 5000/- p.m.
v) Those casual/ daily rated/ contractual workers who will complete 10 year service on 1st July every year will come under the purview of this Order provided no such workers if engaged after 01.04.2010 will come under the purview of this Order.
vi) A casual/ daily rated/ contractual workers who will fulfil the conditions as laid down in sub-para (i) above will continue to be engaged in such a manner till he/ she attains the age of 60 years when he/ she will be paid an amount of Rs. 1 lakh as one time cessation of engagement benefit.
vii) A casual/ daily rated/ contractual worker may be allowed 30 (thirty) off days a year and a female such worker may be allowed Maternity Leave of 180 (one hundred eighty) days in addition to 30 days off as mentioned hereinbefore.
viii) A casual/ daily rated/ contractual worker who is engaged in two different Government Departments but has rendered services for 10 years without a break will come under the purview of this Order.
ix) It is reiterated that Officer/ Officers responsible for any further engagement of such casual/ daily rated/ contractual worker will be personally liable for violation of this Order. However, having regard to the exigencies of situation and in order to facilitate smooth running of any project/ administration or for serving academic interest where it is absolutely necessary contractual engagement may be made for a very limited period not exceeding 1 (one) year. This engagement shall be made on strict observance of recruitment rules and against sanctioned vacancies. Simultaneously steps should be taken to fill up the vacancies on regular basis following recruitment rules. Such contractual engagement may be renewed from time to time, but not exceeding a total period of 6 (six) years. No claim to regularization of this contractual service in terms of GO No. 8305-F dated 26.09.2005 read with GO No. 642-F dated 24.01.2006 shall lie.
x) The provisions of this Order will not be applicable where contractual engagement has been made without any sanctioned post and for any specific project for a very temporary period up to a maximum 6 (six) years or finishing up the project whichever is earlier. Thus in such cases steps will not be required to be initiated for filling up the posts through regular appointments as per the Recruitment Rules, since the posts are temporary by nature.
xi) During the period of engagement, the service of a casual/ daily rated/ contractual worker may be terminated because of involvement in criminal case/ misconduct/ delinquency/ incapacitation etc. Or if the concerned worker intends to opt out of the engagement on his/ her own.
xii) The benefit of this Memo will be applicable mutatis mutandis to the Panchayat Bodies/ ULBs/ Statutory Bodies.
xiii) The casual/ daily rated/ contractual workers who have already got the benefit with reference to 1st April, 2010 as cut off date will continue to get the benefit in terms of F.D. Memo No. 2966-F(P) dated 23.04.2010 and No. 11794-F(P) dated 22.12.2010, while the others will be covered in terms of provisions of this Memo.
The undersigned is further directed to reiterate that henceforth no further engagement of Group ‘D’ employees, who are engaged in the manner as laid down in F.D. Memo No. 3727-F(P) dated 20.05.2009and paid out of contingency, will be done, on or after 01.04.2010. Officer/ Officers responsible for such engagement will be personally liable for violation of this Order.
xiv) The final approval will be given by the ACS/ Principal Secretary/ Secretary as the case may be, of the concerned department, after exercising necessary checks & balances & ensuring that any ineligible person does not get the benefits of this order.
xv) A proforma statement is hereby annexed for supplying information by the respective appointing authority to the Administrative Department.
Sd/- S.K. Chattopadhay
OSD & EO Special Secretary
to the Government of West Bengal
Government of West Bengal
Finance (Audit) Department
Nabanna, Mandirtala, Howrah-711 102
No. 1033-F(P2) Dated, Howrah, the 8th February, 2019.
The question of further improvement of the conditions of service of the Casual / Daily rated / Contractual Workers engaged in various Government Establishments in terms of Memo. No. 9008-F(P) dated 16.09.2011 has been under active consideration of the Government for some time past.
After careful consideration of the matter, the undersigned is directed by order of the Governor to say that the Governor has been pleased to decide as follows :
(i) With effect from the 1st February, 2019 the consolidated remuneration of the above categories of workers will be revised as follows:
Group – ‘D’
|Period of engagement||Existing remuneration||Revised remuneration|
|Less than 5 years||₹ 10,000/-||₹ 12,000/-|
|5 to less than 10 years||₹ 12,000/-||₹ 14,000/-|
|10 to less than 15 years||₹ 14,500/-||₹ 16,500/-|
|15 to less than 20 years||₹ 17,000/-||₹ 19,000/-|
|20 years and above||₹ 20,000/-||₹ 22,000/-|
Group – ‘C’
|Period of engagement||Existing remuneration||Revised remuneration|
|Less than 5 years||₹ 11,500/-||₹ 13,500/-|
|5 to less than 10 years||₹ 13,500/-||₹ 15,500/-|
|10 to less than 15 years||₹ 16,000/-||₹ 18,000/-|
|15 to less than 20 years||₹ 19,000/-||₹ 21,000/-|
|20 years and above||₹ 22,500/-||₹ 24,500/-|
(ii) With effect from 1st February, 2019 such workers, on attaining the age of 60 (sixty) years, will be entitled to one time terminal benefit of ₹ 3.00 Lakh in place of existing ₹ 2.00 Lakh.
(iii) The above categories of Group-‘D’ Workers, who possess educational qualification of Madhyamik Pass or above and have been in engagement continuously for more than 3 (three) years will be given the benefit of engagement as Contractual / Casual / Daily rated Group-‘C’ Workers from the prospective date subject to availability of vacancy in the Group-‘C’ Category. While allowing this benefit the existing remuneration of an individual worker in Group-‘D’ Category shall be protected.
Such exercise shall be made by the respective Appointing Authority after obtaining approval of the concerned Administrative Department.
(iv) Tenure of engagement, yearly enhancement of remuneration, Medical benefit and Leave facility of such workers shall be guided by the provisions of Memo. No. 1107-F(P) dated 25.02.2016 as usual.
Sd/- H. K. Dwivedi
Additional Chief Secretary
to the Government of West Bengal