LexThe KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENT ETC) ACT, 1990
Karnataka · state statute
Open in Lexace · Ask the AI about this act SC, ST and OBC Reservations 1991: KAR. ACT 7] 544
THE KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND
OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENT
ETC) ACT, 1990.
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons
Sections:
1. Short title and commencement.
2. Definitions.
3. Applicability.
4. Reservation of appointments or posts etc.
4A. Issue of Caste Certificate and income and caste certificate.
4B. Appeal against order under section 4A.
4C. Verification of caste certificate and Income and caste certificate.
4D. Appeal.
4E. Tahasildar and the Verification Committee to exercise the powers of the
Civil Court.
4F. Revision by Deputy Commissioner.
5. Penalty.
5A. Penalties for obtaining false Caste Certificate or Income and Caste
Certificate
5B. Penalty for issuing a false Caste Certificate or Income and Caste
Certificate
6. Cognizance of offences.
6A. Penalty for abettors
6B. Bar of jurisdiction of Civil Court
6C. Cancellation of Degree etc
6D. Act to override other laws
6E. Act to override the applicability of decided specific cases in any of the
courts
7. Maintenance of records and submission of annual report etc.
8. Constitution of Standing Committee.
9. Functions of Standing Committee.
1991: KAR. ACT 7] SC, ST and OBC Reservations 545
10. Annual report.
11. Protection of action taken in good faith.
12. Removal of difficulties.
13. Power to make rules.
* * * *
STATEMENT OF OBJECTS AND REASONS
I
Act 7 of 1991.- The Persons belonging to Scheduled Castes/Scheduled
Tribes and other Backward Classes of citizens are not adequately
represented in the appointments or the posts in the State Civil Services etc.,
and in Educational Institutions established and maintained by the St ate
Government.
The reservations in favour of Scheduled Caste/Scheduled Tribes is
available in the Constitution. In Karnataka, reservations are made available
to Scheduled Castes/ Scheduled Tribes at 15% and 3% respectively. The
identification and classi fication of other Backward classes are considered
necessary.
Therefore, the State Government appointed the Karnataka Backward
Classes Commission from time to time to determine the Backward Classes
citizens in the State for extending special concession under Article 15(4)
and 16 (4) of the Constitution of India.
On the recommendations of the Commission, Government have
classified the Backward Classes of citizens in the State for purposes of
Article 15(4) and 16(4) of the constitution of India, and accordingl y issued
various orders from time to time making necessary reservations in favour of
Backward Classes.
Now, it is proposed to extend statutory support to all the orders issued in
this behalf.
Hence this Bill.
(Obtained from L.A. Bill No. 25 of 1990)
II
Amending Act 27 of 1997. - Tahsildars have been issuing caste
certificates and Caste and income Certificates. The Hon’ble High Court of
Karnataka in Writ Petitions No.4360/97 Shahbaz Hussain Vs. State and
SC, ST and OBC Reservations 1991: KAR. ACT 7] 546
others and W.P.No. 4808- 81/97 Nandeesha Vs. Tahasildar, has observed
that the Karnataka Scheduled Castes/Scheduled Tribes and Other
Backward classes (Reservation of Appointment etc.,) Act, 1990 does not
contain any provision to empower the Tahasildar to issue “Caste
Certificates” to Scheduled Castes and Scheduled Tribes people and “Caste-
cum-income Certificates” to persons belonging to Other Backward Classes.
Besides, the said Act does not contain any provisions for appeal against the
decision of the Tahasildar. Therefore the High Court is of the view that
Tahasildar is not competent to issue any such certificate.
In the absence of caste certificates or caste-cum-Income certificates, the
students belonging to Scheduled Castes/Scheduled Tribes and Other
Backward Classes are finding it extremely difficult to get selec ted on the
basis of the reservation made for their categories in the various Educational
Institutions.
Therefore, it is considered necessary to amend the Karnataka
Scheduled Castes, Scheduled Tribes and Other Backward Classes
(Reservation of Appointment etc.,) Act,-
(i) to specify the authority competent to issue caste certificate and
caste-cum-income certificate and the procedure to be followed for disposal
of application for issue of such certificates.
(ii) to provide for appeal against the order of the authority competent to
issue the certificates.
(iii) to provide for constitution of Verification Committee and for issue of
validity certificates.
(iv) to provide for appeal against the order of Verification Committee.
Hence the Bill.
(Obtained from L.A. Bill No. 2 of 1997)
III
Amending Act 7 of 2004. - It is considered necessary to amend
section 13 of the Karnataka Scheduled Castes, Scheduled Tribes and Other
Backward Classes (Reservation of Appointment etc.,) Act, 1990 to provide
for laying of rules m ad under this Act before both the Houses of the State
Legislature.
Hence the Bill (Obtain from L.C.Bill No. 3 of 2004)
1991: KAR. ACT 7] SC, ST and OBC Reservations 547
IV
Amending Act 8 of 2004.- Government issued a Notification dated:
21.11.2001 under the Karnataka Civil Services (Unfilled Vacancies
reserved for the persons belonging to Scheduled Castes and Scheduled
Tribes (Special Recruitment) Rules, 2001 for filling up of vacancies reserved
for persons belonging to the Scheduled Castes and Scheduled Tribes. This
Special Recruitment Rules was publ ished under clause (a) of sub -section
(2) of section 3 of the Karnataka Civil Services Act, 1978 (Karnataka Act 14
of 1990) in Notification No. DPAR 13 SBC 2001, dated 6
th August 2001.
The Notification was issued to fill all unfilled vacancies by all the appointing
authorities wherever the service conditions are governed by the Karnataka
Civil Services Act, 1978. The Cabinet appointed a sub- committee of the
Cabinet to monitor and review the progress . The Social Welfare
Department was made the nodal Department. As on date the Social
Welfare Department has identified 17021 numbers of vacancies out of them,
14485 have already been notified, of which 11573 vacancies are filled up
and the balance is in the process of being filled. During the course of the
review meeting it was pointed out to the Cabinet Sub Committee that the
Karnataka Civil Services (Unfilled Vacancies reserved for the persons
belonging to Scheduled Castes and Scheduled Tribes(Special Recruitment )
Rules, 2001 does not apply to the Universi ties, including Agriculture
Universities and other institutions, etc., because they do not come under the
purview of the said Rules. The non- inclusion of these institutions under the
purview of the Notification dated 21.11.2001 and 1.6.2002 meant that the
filling up of the backlog vacancies by the Universities and other institutions
could suffer from a legal infirmity
In view of the fact that the process of recruitment by these
institutions i.e., Universities etc. 80% of the recruitment are already over,
both for teaching and non- teaching staff and the persons recruited have
already reported and are working, there is an immediate need to amend the
Act to legally enforce the recruitment’s already made. To avoid any legal
complications, it is provided that the provisions of the Second Amendment
Act would not affect any appointment already made, on the ground that the
procedure prescribed was not fully or partially followed in making such
appointments.
Under Sub- rule (5) of rule 7 of the Karnataka Scheduled Castes,
Scheduled Tribes and Other Backward Classes (Reservation of
SC, ST and OBC Reservations 1991: KAR. ACT 7] 548
appointments etc.,) (Amendment) Rules, 2000 the Divisional commissioners
have been now abolished and all their appellate or revisional powers have
been conferred upon the Karnataka Appellate Tribunal by the Revenue
Department vide its Notification No. RD 54 Samithi 2002, dated 20.1.2003.
Subsequently the Karnataka Land Revenue Act, 1964 was amended by the
Amendment Act 21 of 2003 and any appellate or revision power of the
Divisional Commis sioner under any other enactment or roles has been
conferred on the State Government. Accordingly vide his letter appeal No.
127/03 and etc., dated 19.8.2003, the Registrar, Karnataka Appellate
Tribunal Bangalore returned all such files stating that appropriate authority
to hear such cases would be the Government. Therefore there is an urgent
need to provide an appropriate authority, to act as an Appellate authority in
place of the then Divisional Commissioners.
Considering the nature and volume of work i t is felt necessary that
the Heads of Departments looking after the welfare and related matters of
the Scheduled Castes, Scheduled Tribes and Other Backward Classes who
are very conversant with the issues of the Scheduled Castes, Scheduled
Tribes and Others Backward Classes be vested with the powers to act as a
appellate authorities against the orders of the District Caste Verification
Committee/District Caste and Income verification committee in place of the
Divisional Commissioners.
In view of the above, it is considered necessary to amend the
Karnataka Scheduled Castes, Scheduled Tribes and Other Backward
Classes (Reservation of Appointment etc.,) Act, 1990.
Hence the Bill.
(Obtained from LC Bill No. 4 of 2004.)
IV
Amending Act 17 of 2007. - In G.O.NO.RD 9 BMM 2003, dated:
8.9.2005 the posts of Regional Commissioners at Bangalore, Mysore,
Gulbarga and Belgaum along with supporting staff has been created.
The Regional Commissioners have to be conferred with statutory powers
by necessary amendments to the relevant Acts.
Since the matter was urgent and the Karnataka Legislature was not
in session, the Karnataka Land Revenue and Certain Other Laws
(Amendment) Ordinance 2006(Karnataka Ordinance No.5 of 2006) was
promulgated to achieve the above Object.
1991: KAR. ACT 7] SC, ST and OBC Reservations 549
Hence the Bill.
[L.A.Bill No. 7 of 2007]
[Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of
India.]
V
Amending Act 7 of 2012. - The Karnataka Scheduled Castes
Scheduled Tribes and other Backward Classes (Reservation of
Appointment etc.,) Act, 1990 was enacted to provide for reservation of
appointment or posts in favour of the members of the Schedule Castes,
Scheduled Tribes and other Backward Classes in the State Civil Services
and establishments in public sector and for admission to the U niversities
and Educational Institutions established or maintained or aided by the
State Government with a view to ensure adequate representation to
them. It has come to the notice of the Government that there are many
cases of obtaining false Caste and I ncome and Caste Certificates with
the connivance of the issuing authorities and there by depriving benefit of
reservation available to the members of the Scheduled Castes,
Scheduled Tribes and other Backward Classes.
Therefore, it is considered necessary to amend the said Act to
provide for;-
(i) conferment of certain powers of the Civil Court on the
Verification Committee and the Tahsildar;
(ii) penalties for obtaining false Caste Certificate or Income
and Caste Certificate and also for issuing such
certificates;
(iii) summary trial of offences;
(iv) barring the jurisdiction of civil court;
(v) cancellation of a degree acquired by a person who had
secured admission to an educational institution on the
basis of a false caste certificate or Income and Caste
Certificate.
Certain other consequential provisions are also made
Hence the Bill.
[L.A. Bill No.42 of 2011, File No.Samvyashae 54 Shasana 2011]
[Entry 41 of List II and entries 23 and 25 of List III of the Seventh
schedule to the constitution of India.]
* * * *
SC, ST and OBC Reservations 1991: KAR. ACT 7] 550
KARNATAKA ACT No. 7 OF 1991
(First published in the Karnataka Gazette Extraordinary dated
Seventh Day of March, 1991)
THE KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES
AND OTHER BACKWARD CLASSES (RESERVATION OF
APPOINTMENT ETC) ACT, 1990
(Received the assent of the Governor on the 4th day of March, 1991)
(As amended by Act 27 of 1997, 7 of 2004, 8 of 2004, 17 of 2007 and 7
of 2012)
An Act to provide for the reservation of appointments or posts in favour
of the members of the Scheduled Castes, Scheduled Tribes and other
Backward Classes in the State Civil Services and establishments in the
public sector and in admission to universities and to the educational
institutions established or maintained or aided by the State Government.
WHEREAS the members of the Scheduled Castes, Scheduled Tribes and
other Backward Classes of citizens are not adequately represented in the
services or posts in the State Civil Services and establishments in publi c
sector and among the students admitted to the universities and to
educational institutions established or maintained or aided by the State
Government;
A
ND whereas it is expedient to provide in favour of them such
reservation;
BE it enacted by the Karnataka State Legislature in the Forty-first Year of
the Republic of India as follows :-
1. Short title and commencement . - (1) This Act may be called the
Karnataka Scheduled Castes, Scheduled Tribes and other Backward
Classes (Reservation of Appointments, etc.,) Act, 1990.
(2) It shall come into force on such 1[date]1 as the State Government
may, by notification, appoint.
1. Act came into force w.e.f. 1.6.1992 Vide notification No. SWL 217 SAD 90(p- 1) dt.
19.5.1992
2. Definitions.- In this Act, unless the context otherwise requires ,-
(1) "appointed day" means the date notified under sub- section (2) of
section 1;
1991: KAR. ACT 7] SC, ST and OBC Reservations 551
(2) "appointing authority" in relation to a service or posts, means the
authority empowered to make appointment to such service or post;
(3) "establishments in public sector" means,-
(i) a co -operative society registered or deemed to have been
registered under the Karnataka Co-operative Societies Act, 1959;
(ii) an educational institution established or maintained or aided by
the State Government;
(iii) a Government company within the meaning of section 617 of the
Companies Act, 1956;
(iv) a local authority;
(v) a statutory body or corporation established by or under a State
or Central Act owned or controlled by the State Government;
(vi) a university established or deemed to have been established by
or under any law of the State Legislature;
(4) "other backward Classes" means the communities, castes and tribes
notified by the State Government from time to time under Article 15(4) and
Article 16 (4) of the Constitution;
(5) "Scheduled Castes" shall have reference to the Scheduled Castes
specified in the Constitution (Scheduled Castes) Order, 1950 made under
Article 341 of the Constitution of India and as amended from time to time;
(6) "Scheduled Tribes" shall have reference to the Scheduled Tribes
specified in the Constitution (Scheduled Tribes) Order, 1950 made under
Article 342 of the Constitution of India and as amended from time to time;
(7) "service or post" means a civil service of the State of Kar nataka or a
civil post under the State of Karnataka, and includes a service or post in the
establishment in public sector;
1[(8) "Unfilled vacancies" means and includes,-
(i) the backlog in direct recruitment as contemplated in the
Government order No. DPAR 19 SBC 89 dated 12 th July 1989 read with the
subsequent Government Order of even number, dated 22 nd July 1989 and
sub-section (2) of section 4 in respect of a service or post in an
establishment in public sector existing as on the date of commencement o f
the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward
Classes (Reservation of Appointment etc.) (Second Amendment) Act, 2004
(hereinafter referred to as the Second Amendment Act, 2004);
SC, ST and OBC Reservations 1991: KAR. ACT 7] 552
(ii) the vacancies to the extent they were not filled by the persons
belonging to the Scheduled Castes or the Scheduled Tribes, as the case
may be, as per the classification of the vacancies in accordance with the
orders of reservation applicable to direct recruitment while regularising the
services of the daily wage employees in an establishment in public sector in
accordance with the Government Order issued in this behalf or any rule,
statute, bye law, regulation or order etc. issued by any establishment in
public sector, and existing as on the date of comm encement of the Second
Amendment Act, 2004; and
(iii) if even after taking into account the unfilled vacancies mentioned
in clauses (I) and (ii) above, the percentage of representation of the persons
belonging to the Scheduled Castes and the Scheduled tr ibes in any service
or post in an establishment in public sector to which the order of reservation
in direct recruitment under clause (4) of Article 16 of the Constitution are
applicable, does not reach fifteen percent in respect of the persons
belonging t o the Scheduled Castes and three percent in respect of the
persons belonging to the Scheduled tribes, as the case may be, of direct
recruitment vacancies, then such shortfall of unfilled direct recruitment
vacancies existing as on the date of commencement of the Second
Amendment Act, 2004.]
1
1. Inserted by Act 8 of 2004 w.e.f. 23.2.2004
3. Applicability.- Nothing in this Act, shall apply to ,-
(a) posts meant for conducting or guiding or directing research;
(b) posts classified as scientific posts;
(c) tenure posts;
(d) posts filled up on the basis of any contract;
(e) ex-cadre posts;
(f) posts which are filled up by transfer or deputation;
(g) posts in respect of which recruitment is made in accordance with any
provision contained in the Constitution; and
(h) such other posts as the State Government may, from time to time, by
order, specify:
Provided that every order made under clause (h) shall be laid as soon as
may be after it is made before each House of the State Legislature while it is
in session for a total period of fourteen days which may be comprised in one
session or in two or more successive sessions.
1991: KAR. ACT 7] SC, ST and OBC Reservations 553
4. Reservation of appointments or posts etc.- (1) After the appointed
day, while making appointments to any office in a civil service of the State of
Karnataka or to a civil post under the State of Karnataka, appointments or
posts shall be reserved for the members of the Scheduled Castes,
Scheduled Tribes and other Backward Classes to such extent and in such
manner as may be specified from tim e to time in the order made by the
Government under clause (4) of Article 16 of the Constitution of India.
1[(1A) Notwithstanding anything contained in any law for the time being
in force, the appointing authority shall identify unfilled vacancies reserved for
the persons belonging to Scheduled Castes and Scheduled Tribes in any
service or post in an establishment in public sector as existing on the date
of commencement of the Second Amendment Act, 2004 and take action to
fill them as a one time measure within a specified time. The manner in which
the number of vacancies is to be computed, the procedure for filling such
vacancies and the time within which action is to be taken shall be as
specified by notification by the State Government:
Provided that the provisions of this sub-section shall not apply to any
unfilled vacancy in Karnataka State Civil Services or post in respect of which
provisions have been already made:
Provided further that where the appointing authorities covered under
this sub-section have already filled all or part of the unfilled vacancies before
the date of coming into force of the Second Amendment Act, 2004 by
making appointment of persons belonging to the Scheduled Castes and the
Scheduled Tribes, then such appointments shall not be affected]
1
1. Inserted by Act 8 of 2004 w.e.f. 23.2.2004
(2) The provisions of the said order made under clause (4) of Article 16
of the Constitution shall be deemed to be an order made under this Act and
shall mutatis mutandis apply to a service or post in an establishment in
public sector.
(3) Subject to such rules as may be prescribed, while making
admissions, after the appointed day, to a course of study in a university
established or deemed to be established by or under any law of the State
Legislature or an educational institution established or maintained or aided
by the State Government, there shall be made reservation for the persons
belonging to the Scheduled Castes, the Scheduled Tribes and other
Backward Classes to such extent and in such m anner as may be
prescribed.
SC, ST and OBC Reservations 1991: KAR. ACT 7] 554
(4) All appointments made in contravention of the provisions of this
section shall be voidable.
1[4A. Issue of caste certificate and income and caste certificate. -
(1) Any candidate or his parent or guardian belonging to the Scheduled
Castes or the Scheduled Tribes may, in order to claim benefit of reservation
under section 4, either for appointment to any service or post or for
admission to a course of study in a university or any educational institution,
make an application to the Tahasildar in such form and in such manner as
may be prescribed for issue of a caste certificate.
(2) Any candidate or his parent or guardian belonging to other Backward
Classes may, in order to claim benefit of reservation under section 4 either
for appointment to any service or post or for admission to a course of study
in a university or any educational Institution, make an application to the
Tahasildar in such form and in such manner as may be prescribed for issue
of an income and caste certificate.
(3) The Tahasildar may, on receipt of an application under sub- section
(1) or (2), and after holding such enquiry as he deems fit and satisfying
himself regarding the genuineness of the claim made by applicant pass an
order issuing a caste certi ficate or, as the case may be, an income and
caste certificate in such form as may be prescribed, or rejecting the
application.
(4) The Tahasildar shall follow such procedure as may be prescribed
before passing the order under sub-section (3).
(5) The burden of proving that the candidate or his parent or guardian
belongs to Scheduled Castes, Scheduled Tribes or other Backward Classes
shall be on the applicant]
1
1. Inserted by Act 27 of 1997 w.e.f. 8.2.2000
1[4B. Appeal against order under section 4A. - (1) Any person
aggrieved by an order of the Tahasildar under section 4A may, within thirty
days from the date of receipt of the order prefer an appeal to Assistant
Commissioner of the revenue sub-division.
(2) The Assistant Commissioner of the revenue sub- division may after
giving both parties an opportunity of being heard pass orders allowing or
dismissing the appeal and in appropriate cases directing issue of a caste
certificate or as the case may be, an income and caste certificate to the
applicant]
1
1991: KAR. ACT 7] SC, ST and OBC Reservations 555
1. Inserted by Act 27 of 1997 w.e.f. 8.2.2000
1[4C. Verification of Caste Certificate and Income and Caste
Certificate.- (1) The State Government shall constitute one or more
Verification Committees for each district consisting of such person or
persons as may be prescribed for verification of caste certificate and income
and caste certificate issued under section 4A or section 4B.
(2) Any person who has obtained a caste certificate or an income and
caste certificate under section 4A or 4B or the appoi nting authority or any
authority making admission to a course of study in the university or any
educational institution may make an application to the Verification
Committee in such form and in such manner as may be prescribed for issue
of a validity certificate.
(3) The Verification Committee may after holding such enquiry as it
deems fit within thirty days from the date of the application either grant a
validity certificate in a prescribed form or reject the application]
1
1. Inserted by Act 27 of 1997 w.e.f.d 8.2.2000
1[4D. Appeal.- (1) Any person aggrieved by an order passed by the
Verification Committee under section 4C may, within thirty days from the
date of receipt of the order appeal,-
(i) to the Commissioner / Director, Social Welfare in case the
verification certificate relates to a person belonging to the
Scheduled Castes;
(ii) to the Director, Tribal Welfare in case the verification
certificate relates to a person belonging to the Scheduled
Tribes;
(iii) to the Director, Backward classes Department, in case t he
verification certificate relates to a person belonging to other
Backward Classes;
in such form and in such manner and on payment of such fee as
may be prescribed.
(2) The Appellate Authority shall after giving to both the parties an
opportunity of being heard pass such order in appeal as it deems fit.
(3)
2[XXX]2]1
1. Substituted by Act 8 of 2004 w.e.f. 23.2.2004.
2. Omitted by Act 17 of 2007 w.e.f. 5.1.2007.
SC, ST and OBC Reservations 1991: KAR. ACT 7] 556
1[4E Tahasildar and the Verification Committee to exercise the
powers of the Civil Court. - Tahasildar and the Verification Committee,
while holding enquiry under this Act, shall have all the powers of a Civil
Court while trying a suit under Code of Civil Procedure, 1908 (Central Act
No. 5 of 1908) and in particular in respect of following matters, namely:-
(a) summoning and enforcing the attendance of any person and
examining him on Oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any Court or
office;
(e) issuing commissions for the examination of witnesses or documents;
and
(f) any other matter which may be prescribed;
4F. Revision by Deputy Commissioner. - (1) The Deputy
Commissioner may at any time either suomoto or on an application made to
him with in the prescribed period, c all for and examine the records relating
to any decision made or order passed by the Tahasildar under section 4A or
the Assistant Commissioner under section 4B, for the purposes of satisfying
himself as to the legality, propriety of such decision or order and if, in any
case, it appears to the Deputy Commissioner that any such decision or
order shall be modified, annulled, revised or remitted for reconsideration, he
may pass orders within thirty days accordingly;
provided that the Deputy Commissioner shall not pass any order
prejudicial to any person unless such person is given an opportunity of
being heard.
(2) The Deputy Commissioner may, stay the execution of any such
decision or order pending the exercise of his powers under sub- section (1)
in respect thereof.]
1
1. Inserted by Act 7 of 2012 w.e.f. 22.06.2012
5. Penalty.- If any appointing authority makes an appointment or any
authority making admission to course of study in a university or any
educational institution makes admission in contravention of the provisions of
this Act or rules made thereunder, he shall be punishable with fine which
may extend upto rupees one thousand and imprisonment not exceeding six
months:
Provided that nothing contained in this section shall apply in relation to
appointment to any service or post of which the appointing authority is the
Governor.
1991: KAR. ACT 7] SC, ST and OBC Reservations 557
1[5A Penalties for obtaining false Caste Certificate or Income and
Caste Certificate. - Whoever has obtained a Caste Certificate or Income
and Caste 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
recorded, impose a sentence of imprisonment for a lesser term or lesser
fine.
5B. Penalty for issuing a false Caste Certificate or Income and
Caste Certificate. - If the Tahasildar intentionally issues a false Caste
Certificate or Income and Caste Certificate, he 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 to five
thousand rupees:
provided that the Court may, for adequate and special reasons to be
recorded, impose a sentence of imprisonment for a lesser term or lesser
fine.]1
1. Inserted by Act 7 of 2012 w.e.f. 22.06.2012
6. Cognizance of offences. - No prosecution for an offence under this
Act shall be instituted except by, or with the sanction of the State
Government.
1[6A. Penalty for abettors. - Whoever abets any offence punishable
under this Act, shall be punished with the penalty provided for in this Act for
such offence.
6B. Bar of jurisdiction of Civil Court. - 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.
6C. Cancellation of Degree etc. - Notwithstanding anything
contained in any other law for time being in force any Degree, diploma or
any other educational qualifications acquired by a person after securing
admission in any educational institution on the basis of a false caste
SC, ST and OBC Reservations 1991: KAR. ACT 7] 558
certificate or as the case may be, a false income and caste certificate, shall
stand withdrawn, on cancellation of caste certificate, or as the case may be
income and caste certificate obtained by him.
6D. Act to override other law s.- The provisions of this Act shall
have effect, notwithstanding anything inconsistent therewith contained in
any other law for the time-being in force.
6E. Act to override the applicability of decided specific cases in
any of the courts. - The provis ions of this Act shall have effect,
notwithstanding anything contained in any of the decided cases by any of
the courts.]1
1. Inserted by Act 7 of 2012 w.e.f. 22.06.2012
7. Maintenance of records and submission of annual report, etc. -
(1) Every appointi ng authority and every authority making admissions to a
course of study in a university or an educational institution having an
establishment in public sector shall maintain such records and shall furnish
to the State Government an annual report in such form and in such manner,
as may be prescribed.
(2) Any officer authorised by the State Government in this behalf may
inspect the records of an authority which is required to maintain under sub-
section (1) for the purpose of ensuring proper implementation of the
provisions of this Act and rules made thereunder.
(3) It shall be the duty of the concerned appointing authority or the
authority making admissions to the university or educational institution to
produce such records and documents, furnish such informa tion and afford
all such assistance and facilities as may be necessary for the aforesaid
purpose.
8. Constitution of Standing Committee . - There shall be a standing
committee consisting of the following members, namely:-
(a) Minister of Social Welfare,
Government of Karnataka Chairman
(b) (i) Four members of the Karnataka
Legislative Assembly to be nominated
by the Speaker out of whom, one shall
be from the Scheduled Caste and one
shall be from the Scheduled Tribe
1991: KAR. ACT 7] SC, ST and OBC Reservations 559
and one shall be from the Backward Classes; Members
(ii) Two members of the Karnataka Legislative
Council to be nominated by the Chairman Members
(c) Chief Secretary to the Government of Member
Karnataka
(d) Secretary to Government, Home Department,
Government of Karnataka Member
(e) Secretary to Government, Social Welfare
& Labour Department, Government of Member-
Karnataka Secretary
Provided that on issue of a proclamation under Article 356 of the
Constitution of India, the composition of the Committee m ay be altered by
the State Government to such extent as it deems fit.
9. Functions of the Standing Committee . - The Standing Committee
shall perform the following functions, namely :-
(a) review of the implementation of the provisions of this Act and the
rules made thereunder as far as possible twice a year;
(b) suggest measures for the removal of difficulties in such
implementation or for the improvement thereof; and
(c) such other functions as the State Government may, from time to time,
assign to the Committee.
10. Annual report . - The State Government shall prepare an annual
report on the working of this Act and lay the same before each House of the
Legislature while it is in session for a total period of fourteen days which
may be comprised in one session or in two or more successive sessions.
11. Protection of action taken in good faith . - No suit, prosecution or
other legal proceeding shall lie against any person for anything which is
done in good faith or intended to be done under this Act.
12. Removal of difficulties . - If any difficulty arises in giving effect to
the provisions of this Act, the State Government may take such steps or
issue such orders not inconsistent with the provisions of this Act, as the
State Government may consider necessary for removing the difficulty.
SC, ST and OBC Reservations 1991: KAR. ACT 7] 560
13. Power to make rules . - (1) The State Government may make rules
for carrying out the purposes of this Act.
(2) Until such rules are made under sub -section (1) any executive order
made by the State Government relating to such reservation shall be deemed
to be rules made under this Act.
1[(3) Every rule made under this Act shall be laid, as soon as may be
after it is made, before each House of the State Legislature, while it is in
session for a total period of thirty days wh ich may be comprised in one
session or in two or more successive sessions and if before expiry of the
session in which it is so laid or the session immediately following the
session or successive sessions aforesaid both Houses agree in making any
modifications in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be
of no effect, 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]
1
1. Inserted by Act 7 of 2004 by notification. The notification bringing the Amendment Act
into force has not been traced.
* * * *
(The above translation of the, PÀ£ÁðlPÀ C£ÀĸÀÆavÀ eÁwUÀ¼ÀÄ C£À ĸÀÆavÀ
§ÄqÀPÀlÄÖUÀ¼ÀÄ ªÀÄvÀÄÛ EvÀgÀ »AzÀĽzÀ ªÀUÀðUÀ¼À (£ÉêÀÄPÁw ªÀÄÄAvÁzÀªÀÅUÀ¼À «ÄøÀ¯Áw)
C¢ü¤AiÀĪÀÄ, 1990 (1991gÀ PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ ¸ÀASÉå 7) was published in the official
Gazette (Extraordinary) Part IV-2B, dated 29.6.1991 as no. 479 at page 1-8)
under clause (3) of Article 348 of the Constitution of India.)
* * *
NOTIFICATION
I
Bangalore dated 19th May 1992 [No. SWL 217 SAD 90 (P-I)]
In exercise of the powers conferred by sub- section (2) of Section 1 of the Karnataka
Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of
appointments etc.,) Act, 1990 (Karnataka Act 7 of 1991) the Government of
Karnataka hereby appoints the first day of June 1992 as the date on which the said
Act shall come into force.
By order and in the name of the Governor of Karnataka,
MUNIPOTHALAIAH.
1991: KAR. ACT 7] SC, ST and OBC Reservations 561
Under Secretary to Government,
Social Welfare & Labour Department.
II
Bangalore dated 8th February, 2000 [No.132 SAD 97 (1)]
In exercise of the powers conferred by sub- section (2) of section 1 of th e
Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes
(Reservation of Appointment etc.) (Amendment) Act, 1997 (Karnataka Act 27 of
1997), the Government of Karnataka hereby appoints the Eighth day of February
2000 as the date on which all the provisions of the said Act shall come into force.
By order and in the name of the Governor of Karnataka,
(E. KRISHNA MURTHY)
Deputy Secretary to Government
Social Welfare Department.
* * * *