LexThe Gujarat Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Act, 2018
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'
The
Gujarat
Gernment
Gazette
EXTRAORDINARY
PUBLISHED
BY
AUTHORITY
`
Vol.
LIX
TUESDAY,
OCTOBER
16,
2018/
ASVINA
24,
1940_____________
Separate
paging
is
given
to
this
Part
in
order
that
it
may
be
Bled
as
a
Separate
Compilation.____
PART
IV
Acts
of
Gujarat
Legislature
and
Ordinances
promulgated
and
Regulations
made
by
the
Governor.
The
following
Act
of
the
Gujarat
Legislature,
having
been
assented
to
by
the
President
on
the
5th
October,
2018
is
hereby
published
for
general
information.
K.
M.
LALA,
Secretary
to
the
Government
of
Gujarat,
Legislative
and
Parliamentary
Affairs
Department.
GUJARAT
ACT
NO.
19
OF
2018
(First
Published,
after
having
received
the
assent
of
the
President,
in
the
"Gujarat
Government
Gazette",
on
the
l6th
October,
2018
)
AN
ACT
toprovide
for
regulation
of
issuance
and
verification
of
the
Caste
Certificates
to
the
persons
belonging
to
the
Scheduled
Castes,
Scheduled
Tribes
or
Other
Backward
Classes
and
for
matters
connected
therewith
or
incidental
thereto.
WHEREAS
it
is
expedient
to
provide
for
the
regulation
of
the
issuance
and
verification
of
the
Caste
Certificates
to
the
persons
belonging
to
the
Scheduled
Castes,
Scheduled
Tribes
or
Other
Backward
Classes
and
for
matters
connected
therewith
or
incidental
thereto;
It
is
hereby
enacted
in
the
Sixty-ninth
Year
of
the
Republic
of
India
as
follows:-
1.
(1)
This
Act
may
be
called
the
Gujarat
Scheduled
Castes,
Scheduled
Short
title
and
Tribes
and
Other
Backward
Classes
(Regulation
of
Issuance
and
commencement.
Verification
of
Caste
Certificates)
Act,
2018.
IV-Ex.-20
20-1
20-2
GUJARAT
GOVE~
GAZETTE,
EX.
16-10-2018
[
PART
IV
(2)
It
shall
come
into
force
on
such
date,
as
the
State
Government
may,
by
notification
in
the
Ocial
Gazette,
appoint.
2.
In
this
Act,
unless
the
context
otherwise
requires,-
(a)
"Caste
Certificate"
means
the
certificate
issued
by
the
Competent
Authority
to
an
applicant
indicating
therein
the
Scheduled
Caste,
Scheduled
Tribe
or
Other
Backward
Class,
as
the.case
may
be,
to
which
such
applicant
belongs;
(b)
"Competent
Authority"
means
an
officer
or
authority
authorized
by
the
Government,
by
notification
in
the
Ocia/
Gazette,
to
issue
a
Caste
Certificate,
for
such
area
and
for
such
purpose
as
may
be
specified
in
the
said
notification;
(c)
"Educational
Institution"
means
any
School,
Degree
College,
College
of
Education,
Polytechnic,
Industrial
Training
Institute,
College
of
Fine
Arts
and
Architecture,
College
of
Music
and
Dance,
Engineering
College,
Agricultural
College,
Veterinary
College,
Medical
College,
Dental
College,
Ayurvedic
College,
Homoeopathic
College,
Unani
College,
Nurses
Training
School,
Health
Visitors
Training
School,
Vocational
Training
Institution,
Deemed
University,
Open
University
and
various
colleges
under
the
control
of
any
University
established
by
or
under
an
Act
of
the
Central
or
State
Legislature
and
such
other
Institution,
by
whatever
name
called,
which
is
carrying
on
(either
exclusively
or
among
other
activities)
the
activity
of
imparting
education;
(d)
"
Government
"
means
the
Government
of
Gujarat;
(e)
"Local
authority"
means,-
(i)
a
Municipal
Corporation
constituted
under
the
Gujarat
Provincial
Municipal
Corporations
Act,
1949;
(ii)
a
Municipality
constituted
under
the
Gujarat
Municipalities
Bom'LIX
of
1949-
Act,
1963;
PART
IV]
GUJARAT
GOVE~NT
GAZETTE,
EX.
16-10-2018
20-3
(iii)
a
Panchayat
constituted
under
the
Gujarat
Panchayats
Act,
Guj.
18
of
1993.
1993;
(f)
"Other
Backward
Classes"
means
any
Socially
and
Educationally
Backward
Classes
of
citizens
as
declared
by
the
Government
and
includes
other
Backward
Classes
declared
by
the
Government
of
India
in
relation
to
the
State
of
Gujarat;
(g)
"prescribed"
means
prescribed
by
mies
made
under
this
Act
;
(h)
"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;
(i)
"Scrutiny
Committee"
means
the
Committee
or
committees
constituted
under
sub-section
(I)
of
section
6
for
verification
of
the
Caste
Certificate
and
to
perform
the
functions
of
Scrutiny
Committee
under
this
Act.
3.
Any
person
belonging
to
any
of
the
Scheduled
Castes,
Scheduled
Tribes
or
Other
Backward
Classes,
required
to
produce
a
Castes
Certificate
in
order
to
claim
the
benefit
of
any
reservation
provided
to
such
Castes,
Tribes
or
Classes,
either
for
admission
into
any
educational
institution
under
article
15
or
in
any
public
employment
under
article
16
of
the
Constitution
of
India
or
for
the
purpose
of
contesting
for
elective
post
in
any
local
authority,
co-operative
society
or
any
other
purposes
specified
by
the
Government,
shall
apply
in
such
form
and
in
such
manner
as
may
be
prescribed,
to
the
Competent
Authority
for
the
issuance
of
a
Caste
Certificate.
4.
(I)
The
Competent
Authority
may,
on
an
application
made
to
it
under
section
3,
after
satisfying
itself
about
the
genuineness
of
the
claim
and
following
the
procedure
as
prescribed,
issue
a
Caste
Certificate
in
such
form
as
may
be
prescribed
or
reject
the
application
for
reasons
to
be
recorded
in
writing.
Application
for
a
Caste
Certificate.
Caste
Certificate
to
be
issued
by
the
Competent
Authority.
20-4
GUJARAT
GOVERNMENT
GAZETTE,
EX.
16-10-2018
[
PART
IV
(2)
A
Caste
Certificate
issued
by
any
person,
officer
or
authority
other
than
the
Competent
Authority
shall
be
invalid.
The
Caste
Certificate
issued
by
the
Competent
Authority
shall
be
valid
only
subject
to
the
verification
and
grant
of
validity
certificate
by
the
Scrutiny
Committee.
5.
(I)
Any
person
aggrieved
by
an
order
of
rejection
of
application
passed
by
the
Competent
Authority
under
ub-
section
(I)
of
section
4
may,
within
a
period
of
30
days
from
the
date
of
receipt
of
an
order,
appeal
to
the
Appellate
Authority
specified
by
the
Government
by
notification
in
the
Ofhcial
Gazette.
(2)
The
Appellate
Authority
may
within
a
period
of
three
months,
after
giving
the
appellant
an
opportunity
of
being
heard
and
after
satisfying
itself
about
the
genuineness
or
otherwise
of
the
claim
of
the
appellant
either
confirms
the
rejection
order,
or
set
aside
the
order
of
the
Competent
Authority
and
directs
the
Competent
Authority
to
issue
the
Caste
certificate
within
seven
days
from
the
receipt
of
the
direction'
6.
(I)
The
Government
shall
constitute,
by
notification
in
the
Ocia/
Gazette,
one
or
more
Scrutiny
Committee(s)
for
verification
of
Caste
Certificates
issued
by
the
Competent
Authorities
under
sub-section
(I)
of
section
4
specifying
in
the
said
notification
the
functions
and
the
area
of
jurisdiction
of
each
Scrutiny
Committee
or
Committees.
(2)
After
obtaining
the
Caste
Certificate
from
the
Competent
Authority,
any
person
desirous
of
availing
the
benefits
or
concessions
provided
to
the
Scheduled
Castes,
Scheduled
Tribes
or
Other
ackward
Classes
for
the
purposes
mentioned
in
section
3
may
make
an
application,
within
such
time,
in
such
form
and
in
such
manner
as
may
be
prescribed,
to
the
concerned
Scrutiny
Committee
for
the
verification
of
such
Caste
Certificate
and
issuance
of
a
validity
certificate.
(3)
The
appointing
authorities
of
the
Central
or
a
State
Government,
local
authority,
public
sector
undertakings,
educational
institutions,
co-operative
Appeal.
Verification
of
Caste
Certificate
by
Scrutiny
Committee.
PART
IV]
GUJARAT
GOVERNMENT
GAZETTE,
EX.
16-IO-2018
20-5
societies
or
any
other
Government
aided
institutions
shall
make
an
application
in
such
form
and
in
such
manner
as
may
be
prescribed
to
the
Scrutiny
Committee
concerned
for
the
verification
of
the
Caste
Certificate
and
issuance
of
a
validity
certificate,
in
case
a
person
selected
for
an
appointment
with
the
Government
concerned,
local
authority,
public
sector
undertakings,
educational
institutions,
co-operative
societies
or
any
other
Government
aided
institutions
has
not
obtained
such
certificate.
(4)
The
Scrutiny
Committee
shall
follow
such
procedure
for
verification
of
the
Caste
Certificate
and
adhere
to
the
time
limit
for
verification
and
grant
of
validity
certificate,
as
may
be
prescribed.
7.
All
applications
pending
for
issuance
of
Caste
Certificate
or
validity
certificate
prior
to
coming
into
force
of
this
Act
shall
stand
transferred
to
the
Competent
Authority
or,
as
the
case
may
be,
the
Scrutiny
Committee
on
the
coming
into
force
of
this
Act:
Provided
that
the
State
Government
may,direct,
by
Order
published
in
the
Ocial
Gazette,
that
authorities
to
whom
the
applications
for
issuance
of
Caste
Certificate
or
the
validity
certificate
were
to
be
made
prior
to
the
date
of
coming
into
force
of
the
Act
lied,
shall
continue
to
function
for
such
time
as
may
be
specified
in
the
Order.
8.
(1)Where,
before
or
after
the
commencement
of
this
Act,
a
person
not
belonging
to
any
of
the
Scheduled
Castes,
Scheduled
Tribes
or
Other
Backward
Classes
has
obtained
a
false
Caste
Certificate
to
the
effect
that
either
himself
or
his
children
belong
to
such
Castes,
Tribes
or
Classes,
the
Scrutiny
Committee
may,
suo
motu,
or
otherwise
call
for
the
record
and
enquire
into
the
correctness
of
such
certificate
and
if
it
is
of
the
opinion
that
the
certificate
was
obtained
fraudulently,
it
shall,
by
an
order
cancel
and
confiscate
the
certificate
by
following
such
procedure
as
may
be
prescribed,
after
giving
the
person
concerned
an
opportunity
of
being
heard,
and
communicate
the
same
to
the
concerned
person
and
the
concerned
authority.
Applications
pending
prior
to
the
commencement
of
the
Act.
Confiscation
and
cancellation
of
false
Caste
Certificate.
IV-Ex-20-2
20-6
GUJARAT
GOVERNMENT
GAZETTE,
EX.
16-10-2018
[
PART
IV
(2)
The
order
passed
by
the
Scrutiny
Committee
under
this
Act
shall
be
Burden
of
proof.
Powers
of
Civil
court
to
Competent
Authority,
Appellate
Authority
and
Scrutiny
Committee.
Benefits
secured
on
the
basis
of
false
Caste
Certificate
to
be
withdrawn.
final
and
shall
not
be
challenged
before
any
authority
or
court
except
the
High
Court
under
article
226
of
the
Constitution
of
India.
9.
In
any
proceedings
either
before
the
Competent
Authority,
the
Scrutiny
Committee
or
the
Appellate
Authority
under
this
Act
or
in
any
trial
of
offence
under
this
Act,
the
burden
of
proving
that
the
person
belongs
to
any
of
the
Scheduled
Castes,
'
Scheduled
Tribes
or
Other
Backward
Classes
shall
be
on
such
claimant/applicant.
10.
The
Competent
Authority,
the
Scrutiny
Committee
or
the
Appellate
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
and
in
particular
in
respect
of
the
following
matter,
V
of
1908.
nafflely:-
(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
examination
of
witnesses
or
documents.
ll.
(I)
Whoever,
not
being
a
person
belonging
to
any
of
the
Scheduled
Castes,
Scheduled
Tribes
or
Oher
Backward
Classes,
secures
or
has
secured
admission
in
any
educational
institution
against
a
seat
reserved
for
such
Caste,
Tribe
or
Class,
or
secures
any
appointment
in
the
Government,
local
authority,
co-operative
society
or
in
any
other
Company
or
Corporation,
owned
or
controlled
by
the
Government
or
in
any
Government
aided
institution
against
a
post
reserved
for
such
Caste,
Tribe
or
Class
by
producing
a
false
Caste
Certificate
shall,
on
cancellation
of
the
Caste
Certificate
by
the
Scrutiny
Committee,
be
liable
to
be,
PART
IV]
GUJARAT
GOVE~
NT
GAZETTE,
EX.
16-10-2018
20-7
(a)
debarred
from
the
concerned
educational
institution,
or
as
the
case
may
be,
(b)
discharged
from
the
said
employment
forthwith,
and
any
other
benefits
enjoyed
or
derived
by
virtue
of
such
admission
or
appointment
by
such
person
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
from
such
person
as
arrears
of
land
revenue.
(3)
Notwithstanding
anything
contained
in
any
Act
for
the
time
being
in
force,
any
Degree,
Diploma
or
any
other
educational
qualification
acquired
by
such
person
after
securing
admission
in
any
educational
institution
on
the
basis
of
a
Caste
Certificate
which
is
subsequently
proved
to
be
false
shall
also
stand
cancelled,
on
cancellation
of
such
Caste
Certificate,
by
the
Scrutiny
Committee.
(4)
Notwithstanding
anything
contained
in
any
law
for
the
time
being
in
force,
a
person
shall
be
disqualified
for
being
a
member
of
any
statutory
body
if
he
has
contested
the
election
for
local
authority,
co-operative
society
or
any
statutory
body
on
the
seat
reserved
for
any
of
Scheduled
Castes,
Scheduled
Tribes
or
Other
Backward
Classes
by
procuring
a
false
Caste
Certificate
as
belonging
to
such
Caste,
Tribe
or
Class,
on
such
false
Caste
Certificate
being
cancelled
by
the
Scrutiny
Committee;
and
any
benefits
obtained
by
such
person
shall
be
recoverable
as
arrears
of
land
revenue
and
the
election
of
such
person
shall
be
deemed
to
have
been
terminated
retrospectively.
12.
(1)
Whoever,-
Offences
obtains
a
false
Caste
Certificate
by
furnishing
false
and
penalties.
information
or
filing
false
statement
or
documents
or
by
any
other
fraudulent
means
;
or
Ca)
Cb)
not
being
a
person
belonging
to
any
of
the
Scheduled
20-8
GUJARAT
GOVE~
NT
GAZETTE,
EX.
16-10-2018
{
PART
IV
Castes,
Scheduled
Tribes
or
Other
Backward
Classes
secures
any
benefits
or
appointments
exclusively
reserved
for
such
Castes,
Tribes
or
Classes
in
the
Government,
local
authority,
co-operative
society
or
any
other
company
or
corporation
owned
or
controlled
by
the
Government
or
in
any
Government
aided
institution,
or
secures
admission
in
any
educational
institution
against
a
seat
exclusively
reserved
for
such
Castes,
Tribes
or
Classes
or
is
elected
to
any
of
the
elective
offices
of
any
local
authority
or
co-
operative
society
against
the
office,
reserved
for
such
Castes,
Tribes
or
Classes,
by
producing
a
Ise
Caste
Certificate,
shall,
on
conviction,
be
punished,
with
rigorous
imprisonment
for
a
term
which
shall
not
be
le.ss
than
six
months
but
which
may
extend
up
to
three
years
and
with
fine
which
shall
not
be
less
than
ten
thousand
rupees,
but
which
may
extend
up
to
fifty
thousand
rupees.
(2)
No
court
shall
take
cognizance
of
an
offence
punishable
under
this
section
except
upon
a
complaint,
in
writing,
made
by
the
Scrutiny
Committee
or
by
any
other
officer
duly
authorized
by
the
Scrutiny
Committee
for
this
purpose.
13.
Notwithstanding
anything
contained
in
the
Code
of
Criminal
Procedure,
1973-
`
Ca)
offences
punishable
under
section
12
shall
be
cognizable
and
non-
Offences
under
Act
to
be
cognimble
and
non-
bailable.
2
of
1974.
2
of
1974.
bailable;
Cb)
every
offence
punishable
under
this
Act,
shall
be
tried
by
any
Magistrate
of
First
Class
following
summons
case
procedure
prescribed
in
the
Code
of
Criminal
Procedure,
1973.
PART
IV]
GUJARAT
GOVERNMENT
GAZETTE,
EX.
16-
I
O-2018
20-9
14.
(I)
Whoever,
being
the
Competent
Authority,
intentionally
issues
a
Penalty
for
false
Caste
Certificate
shall,
on
conviction,
be
punished
with
imprisonment
~
tneg
false
for
a
term
which
shall
not
be
less
than
six
months
but
which
may
extend
up
Certificate.
to
three
years
and
with
fine
which
shall
not
be
less
than
ten
thousand
rupees
but
which
may
extend
up
to
fifty
thousand
rupees:
Provided
that
the
person
who
abets
the
production
-of
false
documents
on
the
basis
of
which
the
Competent
Authority
issues
the
Caste
Certificate,
such
person
shall
also
be
liable.
(2)
Whoever,
not
being
the
Competent
Authority,
intentionally
issues
a
Caste
Certificate
shall,
on
conviction,
be
punished
with
imprisonment
for
a
term
which
shall
not
be
less
than
six
months
but
which
may
extend
up
to
three
years
and
with
fine
which
shall
not
be
less
than
ten
thousand
rupees
but
which
may
extend
up
to
fifty
thousand
rupees.
(3)
No
court
shall
take
cognizance
of
an
offence
punishable
under
this
section
except
with
the
previous
sanction
of
the
Government
15.
No
civil
court
shall
have
jurisdiction,
to
entertain,
to
continue
or
to
Bar
of
decide
any
suit
or
proceeding
or
shall
pass
any
decree
or
order
or
execute
jurisdiction
'
of
civil
court.
wholly
or
partially
any
decree
or
order,
if
the
claim
involved
in
such
suit
or
proceeding,
or
if
the
passing
of
such
decree
or
order
or
if
such
execution
would
in
any
way
be
contrary
to
the
provisions
of
this
Act.
16.
No
suit,
prosecution
or
other
legal
proceeciings
shall
lie
against
protection
of
any
officers
discharging
the
functions
of
Competent
Authority
or
Appellqte
action
taken
-
-
-
`
in
good
faith.
Authority
or
any
member
of
the
Scrutiny
Committee,
for
anything
which
is
done
in
good
faith
or
intended
to
be
done
in
pursuance
of
this
Act
or
the
rules
made
thereunder.
17.
The
provisions
of
this
Act
shall
be
in
addition
to,and
not
in
Acts
not
in
derogation
to
derogation
of
the
provisions
of
any
other
law
for
the
time
being
in
force.
any
other
law.
IV-Ex-20-3
20-10
GUJARAT
GOVERNMENT
GAZETTE,
EX.
16-10-2018
[
PART
IV
Power
to
18.
(I)
The
State
Government
may,
subject
to
the
condition
of
make
rules'
previous
publication,
make
rules
for
carrying
out
the
purposesof
this
Act.
(2)
All
rules
made
under
this
section
shall
be
laid
for
not
less
than
thirty
days
before
the
State
Legislature
as
soon
as
possible
after
they
are
made,
and
shall
be
subject
to
rescission
by
the
State
Legislature
or
to
such
modifications
as
the
State
Legislature
may
make,
during
the
session
in
which
they
are
so
laid
or
the
session
immediately
following.
(3)
Any
rescission
or
modification
so
made
by
the
State
Legislature
shall
be
published
in
the
Ocial
Gazette
and
shall
thereupon
take
effect.
19.
(1)
If
any
difficulty
arises
in
giving
effect
to
the
provisions
of
this
Act,
the
Government
may,
by
order,
published
in
the
Ocia/
Gazette,
make
such
provisions
not
inconsistent
with
the
provisions
of
this
Act,
as
may
appear
to
be
necessary
for
removing
the
difficulty:
rovided
that
no
such
order
shall
be
made
under
this
section
after
the
expiry
of
a
period
of
three
years
from
the
date
of
commencement
of
this
Act.
(2)
Every
order
made
under
this
section
shall
be
laid,
as
soon
as
may
be
after
it
is
made,
before
the
House
of
State
Legislature.
Power
to
remove
difficulties.
Government
Central
PresGandhinagar.