The ANDHRA PRADESH (SCHEDULED CASTES, SCHEDULED TRIBES AND BACKWARD CLASSES) REGULATION OF ISSUE OF COMMUNITY CERTIFICATES ACT, 1993.

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THE ANDHRA PRADESH (SCHEDULED CASTES, SCHEDULED TRIBES AND
BACKWARD CLASSES) REGULATION OF ISSUE OF COMMUNITY
CERTIFICATES ACT, 1993.
ACT No. 16 OF 1993
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Application for a Community Certificate
4. Community Certificate to be issued by Competent Authority
5. Cancellation of the false Community Certificate
6. Burden of proof
7. Appeal and review
8. Power of revision by Government
9. Competent Authority to exercise the powers of the Civil Courts
10. Penalties
11. Benefits secured on the basis of false community certificate to be
withdrawn
12. Penalty for securing on appointment of election to political offices
etc., on the basis of false community certificates
13. Penalty for issuing a false community certificate
14. Penalty for abetters
15. Offences to be tried summarily
16. Offences under the Act to be cognizable
17. Bar of Jurisdiction of Civil Courts
18. Protection of acts done in good faith
19. Act to override other laws
20. Power to make rules
21. Transitional Provision
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THE ANDHRA PRADESH (SCHEDULED CASTES, SCHEDULED TRIBES AND
BACKWARD CLASSES) REGULATION OF ISSUE OF COMMUNITY
CERTIFICATES ACT, 1993
Act No. 16 of 1993
[8th September, 1993]
AN ACT TO REGULATE THE ISSUE OF COMMUNITY CERTIFICATES
RELATING TO PERSONS BELONGING TO THE SCHEDULED CASTES,
SCHEDULED TRIBES AND BACKWARD CLASSES AND MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO.
Whereas, it has been brought to the notice of the Government that
candidates who seek employment in Government Departments, Public Sector
Undertakings and such other organisations and candidates seeking admission
into educational institutions, against the vacancies or, as the case may be, the
seats reserved for the Scheduled Castes, Scheduled Tribes and Backward
Classes are producing false community certificates and securing employment
or seats, as the case may be;
And whereas, by securing such employment or admission on the basis of
false community certificates the benefits of special provisions made for the
advancement of the Scheduled Castes, Scheduled Tribes and Backward
Classes in the matter of public employment and educational opportunities are
not reaching such Castes, Tribes and Classes;
And whereas, the Government have decided to curb effectively the evil
practice of producing false community certificates by devising a strict
procedure for the issue of such certificates and prescribing deterrent
punishment to those who produce false community certificates.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Forty-Third year of the Republic of India, as follows:
1. Short title, extent and commencement- (1) This Act may be called the
Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes)
Regulation of Issue of Community Certificates Act, 1993.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by
notification, appoint.
2. Definitions- In this Act, unless the context otherwise requires-
(a) ‘backward classes’ means any socially and educationally
backward classes of citizens recognised by the Government for
purposes of Clause (4) of Article 15 of the Constitution of India;
(b) ‘community certificate’ means, the certificate issued by the
competent authority indicating therein the Scheduled Castes,
Scheduled Tribes or the Backward Class, as the case may be, to
which the person belongs;
(c) ‘competent authority’ means, any officer or authority authorised
by the Government by notification to perform the functions of the
competent authority under this Act, for such area or for such
purposes as may be specified in the notification;
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(d) ‘educational institutions’ means, anyschool, junior college,
degree college, college of education, polytechnic college, industrial
training institute, college of Fine Arts and Architecture, College of
Music and Dance, Engineering College, Medical College, Ayurvedic
College, Homeopathic College, Unani College, Dental College,
College of Nursing, Nurses Training School, Health Visitors
Training School, Colleges under the control of Andhra Pradesh
Agricultural University and various colleges under the control of
any University established by an Act of the State Legislature and
such other institutions imparting education as may be notified
from time to time.;
(e) ‘government’ means the State Government of Andhra Pradesh;
(f) ‘local authority’ means, in relation to local areas comprised
within the jurisdiction of a Municipal Corporation, the concerned
Municipal Corporation and in relation to any other local area in the
State, the concerned Municipal Council, Zilla Praja Parishads,
Mandal Praja Parishads, Gram Panchayat or township having
jurisdiction over such local area;
(g) ‘notification’ means, a notification published in the Andhra
Pradesh Gazette and the word "notified" shall be construed
accordingly;
(h) ‘prescribed’ means, prescribed by rules made by the
Government under this Act;
(i) ‘scheduled castes and scheduled tribes’ shall have the meanings
respectively assigned to them in Clause (24) and Clause (25) of
Article 366 of the Constitution of India.
3. Application of a community certificate: - (1) Any person belonging to any
of the Scheduled Castes, Scheduled Tribes or Backward Classes may in order
to claim the benefit of any reservation provided to such Castes, Tribes or
Classes either for any public appointment or for admission into any
educational institution in the State or outside the State for the students of the
State or any other benefit under any special provisions made under Clause (4)
of Article 15 of the Constitution of India or for the purpose of contesting for
elective post in any local authority or for elective posts in the Co-operative
Institutions, make an application in such form and in such manner as may be
prescribed to the competent authority for the issue of a community certificate.
(2) Any person belonging to a Scheduled Tribe may, for the purpose of
claiming any benefit or protection meant for Scheduled Tribes under any
notification, direction or regulation made under the Fifth Schedule to the
Constitution of India or under any Act, Rule, Regulation or Order for the time
being in force in the Scheduled Areas, make an application in such form and in
such manner as may be prescribed to the competent authority for the issue of
community certificate.
Explanation: - For the purposes of this section and section 13, Scheduled
Areas’ means the areas as defined in paragraph 6 to the Schedule to the
Constitution.
4. Community Certificate to be issued by competent authority - (1) The
Competent Authority may, on an application made to it under section 3, satisfy
itself about the genuineness or otherwise of the claim made therein and
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thereafter issue a community certificate within such period and in such form
as may be prescribed or reject the application for reasons to be recorded in
writing. A certificate in regard to community issued by any person, officer or
authority other than the competent authority shall be invalid.
(2) Before the issue or rejection of a certificate under sub-section (1) the
competent authority shall follow such procedure as may be prescribed.
5. Cancellation of the false community certificate - (1) Where, before, or
after the commencement of this Act a person not belonging to any of the
Scheduled Castes, Scheduled Tribes or Backward Classes has obtained a false
Community Certificate to the effect that either himself or his children belongs
to such Castes, Tribes or Classes, the District Collector may either suo-motu or
on a written complaint by any person, call for the record and enquire into the
correctness of such certificate and if he is of the opinion that the certificate was
obtained fraudulently, he shall, by notification, cancel the certificate after
giving the person concerned an opportunity of making representation:
Provided that where an enquiry into the genuineness of a community
certificate issued prior to the commencement of this Act has commenced and is
pending at such commencement, the record thereof shall be transferred by the
concerned authority to the District Collector and he shall continue the enquiry
and conclude the same under this sub-section.
(2) The powers of the nature referred to in sub-section (1) may also be
exercised by the Government.
6. Burden of Proof- Where an application is made to the competent authority
under section 3 for the issue of a community certificate in respect of Scheduled
Castes, Scheduled Tribes or Backward Classes or in any enquiry conducted by
the competent authority or the authority empowered to cancel the community
certificate or the appellate authority under this Act or in any trial or offence
under this Act, the burden of proving that he belongs to such Caste, Tribe or
Class shall be on the claimant.
7. Appeal and review - (1) Any person aggrieved by an order passed under
sub-section (1) of section 4 by the competent authority rejecting an application
made to it under section 3 may within thirty days from the date of receipt of
such order, appeal to the District Collector and the District Collector may after
giving the appellant an opportunity of being heard either confirm the order
appealed against or set aside the said order and direct the competent authority
to issue a community certificate.
(2) Any person aggrieved by an order passed under section 5, by the
District Collector may, within thirty days from the date of publication of such
order in the Andhra pradesh Gazette, appeal to the Government and the
Government may, after giving the appellant an opportunity of being heard and
subject to such rules as may be prescribed, confirm or set aside the order
appealed against.
(3) The Government may, on an application received from any person
aggrieved by an order passed by the Government under sub-section (2) of
section 5, within thirty days of the publication of that order in the Andhra
pradesh Gazette, review any such order if it was passed by them under any
mistake, whether of fact or law or in ignorance of any material fact.
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(4) Pending disposal of an appeal under sub-section (2) or review under
sub-section (3), it shall be competent for the Government to stay the operation
of the order against which an appeal or review, as the case may be, is filed.
8. Power of revision by Government - (1) The Government may, at any time,
either suo-motu or on an application made to them within the prescribed
period, call for and examine the record, relating to any decision made or order
passed by any person, officer or authority subordinate to them for the purpose
of satisfying themselves as to the legality, regularity or propriety of such
decision or order and if, in any case it appears to the Government that any
such decision or ordershould be modified, annulled, reversed or remitted for
reconsideration, they may pass orders accordingly:
Provided that the Government shall not pass any order prejudicial to any
party unless such party has had an opportunity of making a representation.
(2) The Government may stay the execution of any such decision or order
pending the exercise of their powers under sub-section (1) in respect thereof.
9. Competent authority to exercise the powers of the Civil Courts,. - The
competent authority shall, while holding an enquiry under this Act, have all the
powers of a Civil Court while trying a suit under the Code of Civil Procedure,
1908 (Central Act V of 1908) in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any
Court or Office; and
(e) issuing commissions for the examinations of witnesses or
documents.
10. Penalties - Whoever obtains a community certificate by,-
(a) furnishing false information; or
(b) filing a false statement; or
(c) any other fraudulent means;
shall, on conviction, be punishable with rigorous imprisonment for a
term which shall not be less than six months but which may extend upto two
years and with fine which shall not be less than one thousand rupees but
which may extend upto five thousand rupees.
Provided that the Court may, for adequate and special reasons to be
mentioned in the Judgement, impose a sentence of imprisonment for a lesser
term or fine.
11. Benefits secured on the basis of false community certificate to be
withdrawn - (1) Whoever not being a person belonging to any of the Scheduled
Castes, Scheduled Tribes or Backward Classes secures admission in any
educational institution against a seat reserved for such Castes, Tribes or
Classes or secures any appointment in the Government, local authority or in
any other company or corporation owned or controlled by the Government or in
any aided institution against post reserved for such Castes, Tribes or Classes
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or enjoys any other benefit intended exclusively for such Castes, Tribes or
Classes, by producing a false Community Certificate shall, on cancellation of
the false Community Certificate, be liable to be debarred from the concerned
educational institution or as the case may be discharged from the said service
forthwith and any other benefit enjoyed by him as aforesaid shall be withdrawn
forthwith.
(2) Any amount paid to such person by the Government or any other
agency by way of scholarship, grant, allowance or other financial benefit shall
be recovered as an arrear of land revenue.
(3) Any degree, diploma or any other educational qualification acquired
by such person after securing admission in any educational institution on the
basis of a false community certificate shall also stand cancelled on cancellation
of the community certificate obtained by him.
(4) Whoever not being a person belonging to any of the Scheduled Castes,
Scheduled Tribes or Backward Classes secures any benefit reserved for
Scheduled Castes, Scheduled Tribes or Backward Classes other than those
mentioned in section 12 by producing a false community certificate shall on
conviction be punishable with rigorous imprisonment for a term which shall
not be less than six months but which may extend upto two years and with
fine which shall not be less than one thousand rupees but which may extend
upto five thousand rupees:
Provided that the court may, for adequate and special reasons to be
mentioned in the Judgement, impose a sentence of imprisonment for a lesser
term or fine.
12. Penalty for securing on appointment of election to political offices
etc, on the basis of false community certificates. - (1) whoever not being a
person belonging to any of the Scheduled Castes, Scheduled Tribes or
Backward Classes secures an appointment in Government or other institutions
referred to in section 11 against the posts reserved for the Scheduled Castes,
Scheduled Tribes or Backward Classes or is elected to any of the elective offices
of any local authority or co-operative society against the offices reserved for
such Castes, Tribes or Classes on the basis of a false community certificate,
shall on conviction be punishable with rigorous imprisonment for a term which
shall not be less than six months but which may extend upto two years and
with fine which shall not be less than one thousand rupees but which may
extend upto five thousand rupees:
Provided that the Court may, for adequate and special reasons to be
mentioned in the Judgement, impose a sentence of imprisonment for a lesser
term or fine.
(2) Whoever not being a person belonging to a Scheduled Tribe secures
any benefit or protection intended for a member of a Scheduled Tribe under a
notification, direction or regulation made under the Fifth Schedule to the
Constitution of India or under any other law in force in the Scheduled Areas on
the basis of a false community certificate shall, on conviction be punishable
with rigorous imprisonment for a term which shall not be six months but
which may extend upto two years and with fine which shall not be less than
one thousand rupees but which may extend upto five thousand rupees.
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13. Penalty for issuing a false community certificate - (1) Any person or
authority performing the functions of competent authority under this Act, who
intentionally issues a false community certificate, shall on conviction, be
punishable with rigorous imprisonment for a term, which shall not be less than
six months but which may extend upto two years and also with fine which
shall not be less than one thousand rupees but which may extend upto five
thousand rupees:
Provided that the Court may, for adequate and special reasons to be
mentioned in the Judgement, impose a sentence of imprisonment for a lesser
term or fine.
(2) No Court shall take cognizance of an offence punishable under this
section except with the previous sanction of the Government.
14. Penalty for abetters - Whoever abets any offence punishable under this
Act shall be punished with the punishment provided for in this Act for such
offence.
15. Offences to be tried summarily – Notwithstanding anything contained in
the Code of Criminal Procedure, 1973 (Central Act II of 1974), any offence
punishable under sections 10,11 and 12 of this Act may be tried summarily by
a Magistrate of the first class.
16. Offences under the Act to be cognizable - Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (Central Act II of 1974), all
offences under this Act, shall be cognizable and non-bailable.
17. Bar of Jurisdiction of Civil Courts - No Civil Court shall have jurisdiction
in respect of any order passed by any officer or authority under this Act and no
stay or injunction shall be granted by a Court in respect of any action taken or
to be taken by such officer or authority under this Act in pursuance of any
power conferred by or under this Act.
18. Protection of acts done in good faith - No suit, prosecution or other legal
proceedings shall lie against any person for anything which is in good faith
done or intended to be done in pursuance of this Act or the rules made
thereunder.
19. Act to override other laws - The provisions of this Act shall have effect,
notwithstanding anything inconsistent therewith contained in any other law for
the time-being in force.
20. Power to make rules - The Government may by notification make rules for
carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made be
laid before the Legislative Assembly of the State, if it is in session and if it is
not in session, in the session immediately following for a total period of
fourteen days which may be comprised in one session or in two successive
sessions, and if, before the expiration of the session in which it is so laid or the
session immediately following, the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall, from the
date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled, as the case may be so however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
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21. Transitional Provision - A community certificate issued by any authority
competent to issue the same under the relevant rules or orders before the
commencement of this Act shall, unless it is cancelled under the provisions of
this Act, be valid and shall be deemed to have been issued under the provisions
of this Act.

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