LexThe Kerala (Schedulde Castes and Scheduled Tribes) Regulation of issue of Community Certificates Act, 1996
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THE KERALA (SCHEDULED CASTES AND SCHEDULED TRIBES)
REGULATION OF ISSUE OF COMMUNITY
CERTIFICATES ACT, 1996
{Act 1] of 1996)
(As AMENDED)
An Act to provide for and to regulate the issue of community certificates to members of
the Scheduled Castes and the Scheduled Tribes in the State of Kerala.
Preamble - WHEREAS it is considered necessary to devise and provide for a strict
procedure for and to regulate the issue of community certificates to members of the Scheduled
Castes and the Scheduled Tribes in the State of Kerala.
AND WHEREAS in order to curb effectively the evil practices of securing such
certificates by persons other than those belonging to the Scheduled Castes and Scheduled
Tribes for claiming the benefits of reservation and such other benefits meant for the Scheduled
Castes and the Scheduled Tribes and to make provision for prescribing punishment therefor
and to provide for matters connected therewith or incidental thereto;
BE it enacted in the Forty-seventh year of the Republic of India as follows:-
L Short title, extent and commencement - (1) This Act may be called the Kerala
(Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates
Act, 1996.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in
the Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) ‘appointment in public service’ means appointment to a service or post under the State
or Central Government and includes appointment to any post of the ‘State or Central
Government Undertakings’;
(b) ‘appointing authority’ in relation to a service or post means the authority empowered to
make appointment to such service or post, and includes appointing authorities in respects
of the services and posts in connection with the affairs of the Central Government and
of the State and Centra! Government undertakings;
(c) ‘Community Certificate’ means the certificate issued by the competent authority in the
prescribed form indicating therein the Scheduled Caste or the Scheduled Tribe, as the
case may be, to which a person belongs;
(d) ‘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
areas or for such purposes as may be specified in the notification;
(e) ‘Co-operative Institution’ means a Co-operative Society a Society registered or deemed
to be registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969},
(f) ‘Educational Institution’ means any School, College, Polytechnic, Industrial Training
Centre, Industrial Training Institute, College of Fine Arts, College of Music, Engineering
College, Medical College, Ayurveda College, Homoeopathy College, Dental College,
College of Nursing, Nurses Training School, Health Visitors Training School, Colleges
+ Act was published in Kerala Gazette Extra-ordinary No.1151 dated Ist October 1996. Act received the
assent of the President of India on 24-9-1996. This Act shall be deemed to have come into force on 1-12-
1996 by Notification G.O.(P) 60/96/SCSTDD. dated 28-11-1996 by SRO No. 827/96 Published in Kerala
Gazette Extra-Ordinary No, 1373 dated 29-11-1996.
under the control of the Kerala Agricultural University and various Colleges or institutions under the control of any University established by an Act of the State Legislature and any other institution imparting education as may be specified by the Government by notification in the Gazette, from time to time;
(g) ‘Expert Agency’ means an officer or team of officers belonging to the Anthropological Wing in the Kerala Institute for Research, Training and Development Studies for Scheduled Castes and Scheduled Tribes (KIRTADS) of the Scheduled Castes and Scheduled Tribes Development Department of the Government, entrusted with the research, training and developmental studies of the Scheduled Castes and Scheduled Tribes and to exercise the powers conferred under sub-section (1) of section 9 and perform such other duties under the control of the Deputy Director (Anthropology)
who shall function as the Vigilance Officer of the Vigilance Cell”.
(h) ‘Government’means Government of Kerala; Kerala Panchayat Raj Act, 1994 (13 of 1994) or the Kerala Municipalities Act, 1994 (20 of 1994) as the case may be;
(i) ‘Notification’ means a notification published in the Gazette and the word ‘notified’
shall be construed accordingly
(j) | ‘Prescribed’ means prescribed by rules made under this Act;
(k) ‘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;
() ‘Screening Committee’ means a committee mentioned in section 6;
(m) ‘Scrutiny Committee’ means the committee constituted by the Government by notification under Section 8 to perform the functions of the Scrutiny Committee under this Act for such areas or for such purposes as may be specified in the notification;
(») ‘Special Court’ means a Court of Session specified as a special court under Section 21;
(0) ‘Special Public prosecutor’ means a Public Prosecutor specified by the Government as a Special Public Prosecutor or an advocate by notification, under Section 22.
3. Proof of the Scheduled Caste or Scheduled Tribe Status -
Notwithstanding anything contained in any other law for the time being in force, any person ' belonging to any of the Scheduled Castes or the Scheduled Tribes claiming any benefit, concession, protection, exemption or reservation provided to such Castes or Tribes either for at appointment in public services or for admission into educational insituations, exclusively intended for members of the Scheduled Castes and the Scheduled Tribes, or for contesting for the seats reserved for them in any educational institution in the State or outside the State for the students of the State or local authority or co-operative institution, shall prove his claim by a Certificate issued for the purpose under this Act, by the competent authority, in the prescribed manner,
4 Application for Community Certificate :-
Any person belonging to any of the Scheduled Castes or the Scheduled Tribes in order to prove his claim that he belongs to the Scheduled Caste or the Scheduled Tribe, as the case may be, for any purpose, shall make an application in such form and in such mariner, as may be prescribed, to the competent authority for the issue of a Community Certificate,
5. Community Certificate to be issued only by the Competent Authority :-
(1) The Competent Authority may on an application made to it under Section 4, by following the prescribed procedure, satisfy itself about the genuineness or otherwise of the claim made therein and 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.
{ Added as per Amendment Act 32 of 2008
(2)
(3)
{1)
(2)
64.
T 94,
A Community Certificate issued by any person, officer or suthority other than the
Competent Authority shall be invalid.
The Competent Authority shall not issue a Community Certificate to a member of the
Scheduled Caste or the Scheduled Tribe subject to any condition or contingency.
Constitution of Screening Committee for verification of Community Certificate :-
The applications from members of the Scheduled Castes and the Scheduled Tribes for
admission to the seats reserved for the Scheduled Castes and the Scheduled Tribes in
educational institutions shall be got scrutinised by a Screening Committee constituted
by Government in the prescribed manner, to ensure that the Community Certificate
produced in support of the Scheduled Caste or the Scheduled Tribe claim of the applicant
is genuine.
The Screening Committee may cause detailed enquiry through the expert agency to
ascertain if the applicant actually belongs to the Scheduled Caste or the Scheduled
Tribe, as the case may be, and shall reject the application if the applicant does not
belong to the Scheduled Caste or the Scheduled Tribe as claimed by him;
Provided that rejection of the application shall be without prejudice to the actions that
may be taken under sections 11, 15 and 16.
Cancellation of Community Certificate issued earlier -
Notwithstanding anything contained in any other provisions of this Act or in any
judgment, decree or orer of any court, the rejection of an application for caste certificate
by the competent Authority under sub-section (1) of section 5, and resection of an
application under sub-section (2) of section 6 by the Screening Committee shall be
treated as cancellation of the certificate, if any, issued earlier by any authority and
where any authority mentioned in section 7.
Further verification of Community Certificates:-
Production of a community certificate issued by the Competent Authority shall not
preclude the appointing authority, or head of the educational institution or any officer
or authority superior to the appointing authority, or head of the educational institution
including the State Government, from verifying or causing to be verified the claim of
at individual that he belongs to the Scheduled Caste or the Scheduled Tribe, as the
case may be at the time of initial appointment, selection or admission or at any stage
thereafter.
Constitution of Scrutiny Committee for verification of Community Certificates :-
Government shall constitute a scrutiny committee for verification of community
certificates. Any person belonging to Scheduled Castes or Scheduled Tribes or any
appointing authority or local body or heads of educational institutions may make an
application in such form and in such manner as may be prescribed by the scrutiny
committee for verification of Community Certificates.
Community Certificates, if found bogus, to be cancelled :-
Where on verification, the Scrutiny Committee finds that the community certificate
issued in support of the Scheduled Castes or Scheduled Tribes claim of the individual
is not genuine, it shall cancel the same and intimate such cancellation to the appointing
authority or local authority or head of the educational institution, as the case may be,
together with a request to cancel the appointment or admission, as the case may be.
ft Inserted by Amendment Act 32 of 2008
(2)
(1)
ta.
10,
i.
a)
(2)
(3)
+ @)
Whenever an intimation is received under sub-section (1), the appointing authority ot
local authority or head of the educational institution, as the case may be, shall cancel
the appointment or admission, without any further notice to the individual concerned
the debar him from continuing in office or studying further. *
Enquiry by Expert Agency :-
The expert agency may conduct such enquiries as it may deem fit into the claim of an
individual or group of individuals that he or they belong or belongs to the Scheduled
Caste or the Scheduled Tribe in the following circumstances,
(i) Suo motu enquiries on the basis of field studies on castes, communities, or tribes;
or as a part of or auxiliary to Anthropological or Sociological Studies cr
investigations.
(ii) On petitions and complaints being received by it, from any source pertaining to
ihe Scheduled Caste or the Scheduled Tribe, claims of non-Scheduled Castes or
non-Scheduled Tribes as the case may be.
(iii) On references, requisitions, directions or proposals being received from the State
and Central Governments, the competent authorities or the Screening Committee
or the Scrutiny Committee.
The report of the Expert Agency shall be conclusive proof for or against the Scheduled
Castes or Scheduled Tribes claim, as the case inay be of the person reported upon,
unless found contrary by the Scrutiny Committee, after due procedure.
The person reported upon shall be entitled for a copy of the report of the Expert Agency,
if he desires so, free of cost from the authority authorising the enquiry.
Burden of proof:-
Where an application is made to the Competent Authority under Section 4 for the
issue of a community certificate in respect ofa Scheduled Caste or Scheduled Tribe or
in any enquiry conducted by the Competent Authority, the Expert Agency, or the Scrutiny
Committee or in any trial or offence under this Act, the burden of proving that he
belongs to such Caste or Tribe shall be on the clammant
Cancellation of false community certificate :-
Where, before or after the commencement of this Act, a person not belonging to any of
the Scheduled Castes or the Scheduled Tribes has obtained a false community certificate
to the effect that either himself or his children belongs or belong to such Caste or the
Tribe, the Scrutiny Committee may either suo mofu or on a written complaint or report
by any person or authority, call for the records and enquire into the correctness of such
certificate and if it is of the opinion that the certificate was obtained fraudulently, it
shall, by order, cancel the certificate after giving the person concerned an opportunity
of making a representation, if any.
The powers of the nature referred to in sub-section (1) may also be exercised by the
Government.
The Scrutiny Committee while performing its functions for verification and cancellation
of community certificates shall follow such procedure as may be prescribed.
An order passed by the Scrutines Committee shall be final and conclusive. No suitor
appeal shall lie against the order passed by the scrutinee committee.
+ Inserted as per Amendment Act of 2008
12,
1)
(2)
t 3)
(4)
(5)
13,
(D
(2)
Appeal and review:-
Any person aggrieved by an order passed under sub-section (1) of section 5 by the
Competent Authority rejecting an application made to it under section 4 may, within
thirty days from the date of receipt of such order, appeal to the next higher Competent
Authority and that authority may after giving the appellant an opportunity of being
heard, either confirm the order appealed against or set aside the said order by following
the prescribed procedure.
When the Competent Authority rejecting an application for community certificate is
the District Coilector, the person aggrieved by the said decision of the District Collector,
may within fifteen days from the date of receipt of the order of the District Collector,
appeal to the Government and the Government may after giving the appellant an
opportunity of being heard, confirm the order of the District Collector or arrange for
an enquiry through the Expert Agency and issue appropriate orders or directions on
the basis of the expert report.
An order passed by the Scrutiny Committee shall be final and conclusive. No suit or
appeal shall lie against the order passed by the scruityni Committee.
The Government may, on an application received from any person aggrieved by an
order passed by them under sub-section (2) of section 11 within fifteen days of the
date of receipt of the said order, review any such order if they are satisfied that the
order was passed by them under any mistake, whether of fact or jaw or in ignorance of
any material fact or unaware of any relevant evidence.
Pending disposal of an apeal under sub-section(2) or review under sub-section (4) it
shall be competent for the Government to stay the operation of the order against which
the apeal or review, as the case may be, is filed.
Power of stay and revision by the Government:-
Except in the cases of decisions of the Scrutiny Committee the Government may, at
any time, either suo motu or on 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 properiety of such decision or order, and if, in any case
it appears to the Government that any such decision or order should be modified,
annulled, reversed or remitted for reconsideration, or subjected to enquiry by the expert
Agency or Scrutiny Committee they may do so 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, except in the
case of referring the case for enquiry by the Expert Agency, or Scrutiny Committee
where the matter may be referred to the Expert Agency or Scrutiny Committee by their
own motion.
With the exceptions of (4) orders passed by Government in pursuance of and on the
basis of a report submitted by the Expert Agency, (ii) the decision of Screening
Committee constituted under section 6, and (iii) the decision of the Scrutiny Committee
constituted under section 8, 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.
+ Omitted by Amendment Act 32/2008
I4. Competent Authority, the Expert Agency and Scrutiny Committee to exercise ‘powers of the
Civil Court :-
The Competent Authority, the Expert Agency and the Scrutiny Committee shall, while
holding an enquiry under this Act, have all the powers of Civil Court trying a suit
under the Code of Civil Procedure, 1908 in respect of the following matters, namely :-
(1) | Summoning and enforcing the attendance of any person from any part of the State and
examining him on oath;
(2) Requiring the discovery and production of any document;
(3) Receiving evidence on affidavits "
(4) — Requisitioning any public record or copy thereof from any Court Office;
(5) Issuing commissions for the examination of witnesses or documents; and
(6) Any other matter which may be specified by Government by notification in the gazette.
15. Penalities :-
(1) Whoever obtains a community certificate by, -
(a) furnishing false information; or
(b) _ filing a false statement; or
{c) by suppressing material facts and relevant evidence pertaining to his caste or tribal
Status; or
(d) any other fraudulent means,
shall, on conviction, be punishable with rigorous imprisonment for a term which shall not be
iess than six months but 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 in the judgment,
impose a sentence of imprisonment for a lesser term or fine.
(2) Whoever furnishes false information regarding his personal details of caste or tribal
status, to the Expert Agency in an enquiry under section 9 or to the Scrutiny Committee in an
enquiry under section 11 or causes any obstruction in such an enquiry proceeding, by preventing
the Expert Agency or the Scrutiny Committee from collecting the facts or evidence regarding
his personal and caste or tribal status, or tries to frustrate, prevent or interfere in any way with
the process of the enquiry, shall on conviction be punishable with rigorous imprisonment for
a term which shall not be less than three months but which may extend upto six months and
with fine which shall not be less than five hundered rupees but which may extend upto one
thousand rupees.
{ 154. Penalty for obtaining a fraudulent Community Certificate by a Scheduled Caste member
as Scheduled Tribe and vice versa :-
Whoever belonging to any of the Scheduled Castes obtains fraudulently a Community
Certificate that he belongs to any of the Scheduled Tribes or whoever belonging to any
of the Scheduled Tribes obtains fraudulently a community certificate that he belongs
to any of the Scheduled Castes, shall on conviction, be punishable with rigorous
inprisonment for a term which shall not be less than six months but which may extend
to two years and with fine which shall not be less than one thousand rupees but which
may extend to five thousand rupees.
+ Inserted by Amendment Act 32/2008
16,
(1)
(2)
(3)
(4)
(5)
t 164,
Benefits secured on the basis of false community certificates to be withdrawn --
Whoever not being a person belonging to any of the Scheduled Castes or the Scheduled
Tribes secures admission in any educational institution against a seat reserved for
such Castes or Tribes or secures any appointment in the Government, Government
Undertakings, Local Authority or in any other Company or Corporation owned or
controlled by the Government or in aided institution against a post reserved for such
Castes or Tribes or enjoys an other benefit intended exclusively for such Castes or the
Tribes by producing a false community certificate shall on cancellation of the false
community certificate, be removed by cancelling the irregular admission in the
concerned educational institution or, as the case may be removed from the said service
forthwith and any other benefit enjoyed by him as aforesaid shall be withdrawn
forthwith.
Any amount paid to such person by the Government or any other agency by way of
scholarship, grant, allowance, stipend or any other financial benefit shall be recovered
as if it is an arrear of public revenue due on land.
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 shail also stand cancelled on cancellation of the community certificate
obtained by him.
The Competent Authority or the State Government may also order appropriate measures
to prevent such person from further enjoying the benefits of Scheduled Castes or the
Scheduled Tribes, including substitution of the real caste name of such person in the
public records, for the false Scheduled Caste or Scheduled Tribe name,
Whoever not being a person belonging to any of the Scheduled Castes or the Scheduled
Tribes secures any benefit reserved for Scheduled Caste or the Scheduled Tribes other
than those mentioned in section 17 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 recorded in the
judgement, impose a sentence of imprisonment for a lesser term or fine.
Deferment of pensionary benefits,-:-
Notwithstanding anything contained in any other provisions of this Act or in any other
law for the time being in force or in any judgment, decree or order of any court, where
a person secures any appointment in the Government or any Government Undertaking
or local authority or any other authority against a post reserved for Scheduled Caste or
Scheduled Tribe, by producing a fraudulent Communi8ty Certificate, and if on an
enquiry by the Expert Agency it is found that his claim is not genuine and if the
incumbent retires while the enquiry by the Government or the Scrutiny Committee is
pending, the Government or the Government Undertaking or local authority or any
other authority as the case may be, shall have the power to defer and withhold the
pensionary benefits of the incumbent pending decision by the Government or the
Scrutiny Committee:
+ Inserted by Act 32/2008
Il
i7,
18,
(1)
(2)
19.
(1)
(2)
26,
24.
Penalty for securing an appeintment or election to local bodies etc., on the basis of
false community certificates :-
Whoever not being a person belonging to any of the Scheduled Castes ot the Scheduled
Tribes secures an appointment in Government or other institutions referred to in section
16 against the posts reserved for the Scheduled Castes or the Scheduled Tribes or is
elected to any of the elective offices of any local authority or Co-operative Society
against the office reserved for such Castes or the Tribes 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 shali 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 in the
judgment, impose a sentence of imprisonment for a lesser term or fine.
Penalty for issuing false community certificate :-
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 recorded in the
judgment impose a sentence of imprisonment for a lesser term or fine.
No Court shall take cognizance of an offence punishable under this section except
with the previous sanction of the Government,
Penalty for preparation and submission of false report by the expert agency :-
Any officer or group of officers performing the functions of the Expert Agency under
this Act, who intentionally prepares any report and submits the same to any authority
or to the Government, whereby any person who is not a member of any Scheduled
Caste or the Scheduled Tribe happens to secure community certificate from the
Competent Authority or secure any benefits exclusively intended for Scheduled Caste
or the Scheduled Tibe, as the case may be, or intentionally prepare and submit a Teport
to any authority or to the Government to deprive a member of any Scheduled Caste or
the Scheduled Tribe of the benefits due, as such member of any Scheduled Caste or
the Scheduled Tribe, as the case may be, 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
wihch may extend upto five thousand rupees:
Provided that the Court may, for adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a lesser term or fine.
No Court shall take cognizance of an offence punishable under this section except
with the previous sanction of the Government.
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.
Establishment of Special Court :-
For the purpose of providing for speedy trial, the State Government shall, with the
concurrence of the Chief Justice of the High Court, by notification in the Gazette,
12
22.
23.
24,
25,
26.
27,
()
(2)
(3)
specify for each District a Court of Session to be a Special Court to try the offences
under this Act.
Special Public Prosecttor :-
For every Special Court the State Government shall, by notification in the Gazette,
specify a Public Prosecutor, or appoint an advocate who was in practice as an Advocate
for not less than seven years, as Special Public Prosecutor for the purpose of conducting
the cases under this Act in that Court.
Offence under the Act cognizable and non-bailable :-
Notwi thstanding anything contained in the Code of Criminal Procedure, 1973 (Central
Act 2 of 1974) all offences under this Act shall be cognizable and non-bailable.
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.
Protection of acts done in good faith :-
No suit, prosecution or other legal proceedings shall lie against the Government or
any officer or authority of Government or any other person for anything which is in
good faith done or intended to be done in pursuance of this Act or rules made thereunder.
Act to override other laws :-
Save as otherwise provided in this Act, the provisions of this Act, the provisions of
this Act shall have effect, notwithstanding anything inconsistent therewith contained
in any other law for the time being in force or any customs or usage or any instrument
having effect by virtue of any such law.
Power to make rules :-
The Government may, by notification in the Gazette, make rules either prospectively
or retrospectively for carrying out all or any of the purpose of this Act.
In particular, and without prejudice to the generality of the foregoing power, such,
tules may provide for the following matters, namely:-
(a) manner of certificate to be issued by the Competeny Authority under section 3;
(b) manner of application for community certificate under section 4:
(c) Procedure and manner of issue of community certificate under sub-section (1) of
section 5. ,
(d) manner of constitution of Screening Committee for verification of community
certificate under sub-section (1) of section 6;
(e) manner of constitution of the Scrutiny Committee for verification of community
certificates under section 8 and the detailed procedure for its functioning asspecified
in sub-section (3) of section 11.
(f) procedure for appeal under sub-section (1) of section 12;
(g) any other matter required or allowed by this Act to be prescribed.
Every rule made under this Act shall be laid, as soon as may be after it is made, before
the Legislative Assembly while it is in session for a total period of fourteen days,
which may be comprised in one session or in two successive sessions and if before the
13
28.
29.
30.
7 32.
(1)
(2)
expiry of the session in which it is so laid or the session immediately following, the
Legislative Assembly makes any modification in the rule or decides that the rules shall
pot be made, the rules shall thereafter have effected 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.
Departmental proceedings not barred by prosecution :-
Prosecution of any person for any offence under this Act shall not be a bar on
departmental proceedings being initiated against that person under the relevant service
conditions or disciplinary rules for the time being in force applicable to that person.
Cancellation of community certificate issued io a person to be proof against the
relatives of the same bloed :-
Cancellation of a community certificate issued to any person by any competent authority
shall be proof against the Scheduled Caste or the Scheduled Tribe claims, as the case
may be, of the consanguineal relations of that individual and shall be a ground for
taking action under sub-section (1) of section 11 against members of such family by
the scrutiny committee or under sub-section (2) thereof by the Government.
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.
Validation :-
Notwithstanding anything contained in this Act, or in any other law for the time being
in force or in any judgment, decree or order of any court, any order passed by the
Scrutiny Committee constituted by Notification G.O.(p)No. 16/95/SCSTDD dated the
Sth May, 1995 consequent to the judgment dated the 2nd September, 1994 of the
Supreme Court of India in Civil Appeal No. 5854/1994, during the period from 8th
day of May, 1995 to the 24th day of April, 2002 shall be deemed to have been issued
under the provisions of this Act, as amended by the Kerala (Scheduled Castes and
Scheduled Tribes) Regulation of Issue of Community Certificates (Amendment) Act,
2008 and accordingly anything done or any action taken by the Scrutiny Committee
constituted on the 8th May, 1995 in the purported exercise of the powers conferred by
or under this Act shall not be deemed to be invalid on the ground that the Scrutiny
Committee had not been constituted under the provisions of this Act.”
Repeal and Saving
The Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community
Certificates (Amendment) Ordinance, 2008 (37 of 2008) is hereby repealed.
Notwithstanding such repeal, anything done or deemed to have been done or any action
taken or deemed to have been taken under the principal Act, as amended by the said
Ordinance shall be deemed to have been done or taken under the principal Act, as
amended by this Act.
{inserted by Act 32/2008
14
© Government of Kerala
Chose Wds008 i
2008 oe “ rad
KERALA GAZETTE
CHOB NM
EXTRAORDINARY
GeTVIWIasMo
PUBLISHED BY AUTHORITY
AQUA OCH DOO] (AIMAdHajS} GOA} ne
Thiruvananthapuram, 19th December 2008
Vol. LIT Friday 2008 Avlavosnd 19 No.
Reg. No. o#él. maud
KL/TV(N)/12/2006-2008
2707
QB I\o 53 MIOAUM AMa)jBo, 28th Agrahayana 1930 Maud
aus 1930 GalMandw@Mo 28
—————Se——————eE__e—————Ee
GOVERNMENT OF KERALA
Law (Legislation-A) Department
NOTIFICATION
19th December, 2008
No. 1485/Leg.A1/2007/Law. Dated, Thiruvananth bith December, Me
0. 1485/Leg FOR ete aR NPT 3th Agrahayanya, 1930
The following Act of the Kerala State Legislature is hereby published for general
information. The Bill as passed by the Legislative Assembly received the assent of the Governor
on the 17th day of December, 2008
By order of the Governor,
K. Joun Brrrto,
Special Secretary (Law)
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ACT 32 OF 2008
THE KERALA (SCHEDULED CASTES AND SCHEDULED TRIBES)
REGULATION OF ISSUE OF COMMUNITY CERTIFICATES
(AMENDMENT) ACT, 2008
An act to amend the Kerala (Scheduled Castes and Scheduled Tribes)
Regulation of issue af Community Certificates Act, 1996.
Preamble :- WueEreas, it is expedient to amend the Kerala (Scheduled Castes and
Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 for the pruposes
hereinafter appearing;
Be it enacted in the Fifty-ninth Year of the Republic of India as follows :-
1. Short title and commencement <1) This Act may be called the Kerala (Scheduled
Castes and Scheduled Tribes) Regulation of Issue of Community Certificates (Amendment)
Act, 2008.
(2) It shall be deemed to have come into force on the Ist day of February, 2007.
2. Amendment of sectian 2 - Yn section 2 of the Kerala (Scheduled Castes and
Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (11 of 1996)
(hereinafter referred to as the principal Act), for clause (g), the following clause shall be
substituted, namely:-
“() ‘Expert Agency’ means an officer or team of officers belonging to the An-
thropological Wing in the Kerala Institute for Research, Training and Development Studies
for Scheduled Castes and Scheduled Tribes (KAIRTADS} of the Scheduled Castes and Scheduled
Tribes Development Department of the Government, entrusted with the research, training
and developmental studies of the Scheduled Castes and Scheduled Tribes and to exercise the
powers conferred under sub-section (1) of section 9 and perform such other duties under the
control of the Deputy Director (Anthropology) who shall function as the Vigilance Officer of
the Vigilance Cell”
3, Jasertion of new section 64.-After section 6 of the principal Act, the following
section shall be inserted, namely:-
“6A. Cancellation of Community Certificate issued earlier. - Notwithstanding any-
thing contained in any other provisions of this Act or in any judgment, decree or order of any
court, the rejection of an application for caste certificate by the competent authority under
sub-section (1) of section 5 and the rejection of an application under sub-section (2) of section
6 by the Screening Committee shall be treated as cancellation of the certificate, if any, issued
earlier by any authority and where any authority mentioned in section 7, on verification finds
that the certificate has been obtained fraudulently and consequently the Scheduled Castes and
Scheduled Tribes claim of the individual is rejected, such rejection shall also be treated as
cancellation of the certificate.”
4. insertion of new secton 8A -After section 8 of the principal Act, the following
section shall be inserted, namely:-
“8A. Community Certificates, if found bogus, to be cancelled.-(1) Where on veri-
fication, the Scrutiny Committee finds that the community certificate issued in support of the
Scheduled Castes or Scheduled Tribes claim of the individual is not genuine, it shall cancel
the same and intimate such cancellation to the appointing authority or local authority or head
of the educational institution, as the case may be, together with a request to cancel the
appointment or admission, as the case may be.
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(2) Whenever an intimation is received under sub-section (1), the appointing
authority or local authority or head of the educational institution, as the case may be, shall
cancel the appointment or admission, without any further notice to the individual concerned
and debar him from continuing in office or studying further”.
5. Amendment of section 9.- In section 9 of the principal Act, for sub-section (2), the
following sub-section shall be substituted, namely:-
“(2) The report of the Expert Agency shall be conclusive proof for or against the
Scheduled Castes or Scheduled Tribes claim, as the case may be, of the person reported upon,
unless found contrary by the Scrutiny Committee, after due procedure”.
6. Amendment of section t1.- In section 11 of the principal Act, after sub-section
(3) shall be inserted, namely :-
“(4) An order passed by the Scrutiny Committee shall be final and conclusive.
No suit or appeal shall lie against the order passed by the Scrutiny Committee.”
7. Amendment of section 12.- In section 12 of the principal Act, sub-section (3) shall
be omitted.
8. Insertion of new section I5A.- After section 15 of the principal Act, the following
section shall be inserted, namely :-
“15A. Penalty for obtaining a fraudulent Community Certificate by a Scheduled
Casie member as Scheduled Tribe and vice versa.- Whoever belonging to any of the Scheduled
Castes obtains fraudulently a Community Certificate that he belongs to any of the Scheduled
Tribes or whoever belonging to any of the Scheduled Tribes obtain fraudulently a community
certificate that he belongs to any of the Scheduled Castes, shall on conviction, be punishable
with rigorous imprisonment for term which shali not be less than six months but which may
extend to two years and with fine which shall not be less than one thousand rupees but which
may extend to five thousand rupees.”
9. Insertion of new section 16 A.- After section 16 of the principal Act, the following
section shali be inserted, namely :-
“16 A. Deferment of pensionary benefits.-Not withstanding anything contained
in any other provisions of this Act or in any other law for the time being in force or in any
judgment, decree or order of any court, where a person secures any appointment in the
Government or any Government Undertaking or local authority or any other authority against
a post reserved for Scheduled Caste or Scheduled Tribe, by producing a fraudulent Community
Certificate, and if on an enquiry by the Expert Agency it is found that his claim is not genuine
and if the incumbent retires while the enquiry by the Government or the Scrutiny Committee
is pending, the Governemnt or the Government Undertaking or local authority or any other
authority as the case may be, shall have the power to defer and withhold the pensionary
benefits of the incumbent pending decision by the Government the Scrutiny Committee.”
10. Insertion of new section 31.-After section 30 of the principal Act, the following
section shail be added, namely:-
“31. Validation.- Notwithstanding anything contained in this Act, orin any other
law for the ume being in force or in any judgment, decree or order of any court, any order
passed by the Scrutiny Committee constituted by Notification G.O.(P) No. 16/95/SCSTDD
dated the 8th May, 1995 consequent to the judgment dated the 2nd Spetember, 1994 of the
Supreme Court of India in Civil Appeal No. 5854/1994, during the period from 8" day of
May, 1995 to the 24th day of April, 2002 shall be deemed to have been issued under the
provisions of this Act, as amended by the Kerala (Scheduled Castes and Scheduled Tribes)
Regulation of Issue of Community Certificates (Amendment) Act, 2008 and accordingly
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anything done or any action taken by the scrutiny Committee constituted onthe 8th May,
1995 in the purported exercise of the powers conferred by or under this Act shall not be
deemed to be invalid on the ground that the Scrutiny Committee had not been constituted
under the provisions of this Act.”
Il. Repeal and Saving:-(1) The Kerala (Scheduled Castes and Scheduled Tribes)
Regulation of Issue of Community Certificates (Amendment) Ordinance, 2008 (37 of 2008)
is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been done or
any action taken or deemed to have been taken under the principal Act, as amended by the
said Ordinance shall be deemed to have been done or taken under the principal Act, as amended
by this Act. :
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Reg. No. oed. mmd
KL/TV(N)/12/2002
© Government of Kerala
CROs TUdsnId
2002
KERALA GAZETTE
ChOB OMG
EXTRAORDINARY
aMaqvawoaEna
PUBLISHED BY AUTHORITY
BHUNAIA DOM (ai ado fS}GIM} AM
Thiruvananthapuram, 24th April 2002
Vol. XL VIL Wednesday 2002 agiafiads 24 No.
545
QISBIho 47 MlajaimMdMalao, 4th Vaisakha 1924 ood
era 1924 MOMGIELIO 4
GOVERNMENT OF KERALA
Scheduled Castes and Scheduled Tribes Development (G)
Department
NOTIFICATION
GO.(P) No. 18/2002/SCSTDD Dated, Thiruvananthapuram, 20th April 2002.
S.R.0.No. 310/2002. - In exercise of the powers conferred by section 27 of the Kerala
(Scheduled Castes and Scheduled Tribes) Regulation of Issue of Comunity Certificates Act,
1996 (11 of 1996), the Government of Kerala hereby make the following rules, namely :-
RULES
1. Short title and Commencement.- (1)These rules may be called the Kerala (Sched-
uled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Rules,
2002.
(2) They shall be deemed to have come into force on the first day of December,
1996
2. Definitions. - In these rules unless the context otherwise requires;-
(a) ‘Act’ means the Kerala (Scheduled Castes and Scheduled Tribes} Regula-
tion of Issue of Community Certificates Act, 1996 (11 of 1996);
(b) ‘Form’ means the form appended to these miles;
(c) ‘Section’ means a section of the Act;
i9
(d} Words and expressions used, but not defined in these rules, but defined in the Act shall
have the meaning respectively assigned to them in the Act.
3. Application for Community Certificate and its Registration.(1) Any person be-
longing to any of the Scheduled Castes or the Scheduled Tribes, who intends to obtain a
Community Certificate, shall apply in Form No. I to the Competent Authority for the issue of
a Community Certificate.
(2) On receipt of an application under sub-rule (1), the Competent Authority
shall enter the necessary particulars of the application in the register kept for the purpose in
Form If
4. Issuance of Community Certificate. - (1) If upon such enquiry, as it may deem
fit, the Competent Authority is satisfied that the particulars furnished in the application are
correct and if it is found that the applicant belongs to the Scheduled Caste or the Scheduled
Tribe as claimed by him,.a Certificate in Form No. I shall be issued to the applicant within
seven days from the date of receipt of the application.
(2) If, on enquiry it is found that the claim of the applicant is not genuine and
that the applicant does not belong to the Scheduled Caste or the Scheduled Tribe, as the case
may be, the application shall be rejected, recording in writing the reasons therefor, and the
applicant shall be informed accordingly.
5. Appeal-(1) Any person aggrieved by an order under sub-rule (2) of rule 4, may
within thirty days from the date of receipt of the order, prefer an appeal to the next higher
Competent Authority.
(2} The appExcerpt shown. Open the full act in Lexace.