The Kerala (Scheduled Castes and Scheduled Tribes )Regulation of Issue Of Community Certificates Act,1996

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THE KERALA (SCHEDULED CASTES Al\D ~( Jlr:Ct 1lED 1 RlBFS 
REGULATION OF ISSUE OF COMMUNITY CI:RTIFICATES 
ACT, 1996 
Prcamb[g 
Sections: 
I. 
2. 
3. 
4. 
5 
G. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. 
I 6. 
(Act II of 1S96) 
CONTENTS 
Short title, extent and commc~ncement 
Definitions. 
Proof of the Scheduled Caste or the Scheduled Tnbe Status. 
Application for Community Certificate. 
Community Certificate to be ISSued only by the competent authority. 
Constituuon of Screenmg Committee for venficat10n of Community 
Certificate 
Further vcrifica tion ci Community Certificate. 
ConstitutiOn of Scrutm) Committee for vcnfication of Commumty 
Certificates. 
Enqu1ry by Expert Agency. 
Burden of proof 
CancellatiOn of false Commumty Certificate. 
A peal and review. 
Power of stay and revision by the Government. 
Competent Authonty, the Expert Agency and Scrutiny Committee 
to exercise power:, of the CIVil Court 
Penalties 
Benefits secured on the basis of false community certificates to be 
withdrawn. 
17. Penalty for Securing an appointment or election t0local bodies etc 
on the bas1s of fd.lse u ommunity C ·ruficates 
I 8. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26 
27. 
28. 
29. 
Penalty for 1ssumg false commumty certificates 
Penalty fot preparauon and submtssion of f!ilse reports by the 
expert agency. 
Penalty for abetters. 
Establishment of spec1al coUI ts 
Spec1al Public Prosecutor. 
Offence under the Act cogruzablc and non-bailable. 
Bar of JUnsdJctwn of CIVIl courts. 
ProtectiOn of acts done in good f.tith 
Act to overnde other laws. 
Power to make rules· 
Departmental proceedmgs not barred by prosecution. 
Cancellation of Commumty Certificate issued to a person to be proof 
agamst the relatives of the same blood. 
30. Transitional Proviswn. 
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115 
ACT 11 OF 1996* 
THE KERALA (SCHEDULED CASTES AND SCHEDULED TRffiES) 
REGULATION OF ISSUE OF COMMUNITY CERTIFICATES 
ACT, 1996 
Ae Act to priJvirlc for and tD regulate Ul/1 t.SSut of commuruty certificates to members 
of tk Scheduled Castes lllld the Scheduled Tnbes in the State of Kerala. 
Preamble.-WHEREAS it is considered necessary to devise and provided 
for a strict procedure for and to regulate the issue of commwuty certificates 
to members of the Scheduled Castes and the Scheduled Tribes in the State 
of Kerala; 
AND WHEREAS in order to cm b effectively the evil practices ofsecurmg 
such certificates by persons other than t~ose belonging to the Scheduled Castes 
and Scheduled Tribes for claiming the benefits of reservation and snch other 
benefits meant for the Scheduled Castes and the Scheduled Tnbcs and to 
make provision for prescribing punishment therefor and to ptovide for matters 
-connected the1."eWith or incidental therdo; 
BE it enacted in the Forty-seventh year of the Republic of India as 
follows:-
1. Short title, extent anJ commencement.-(!) This Act may be called 
the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of 
Community Certificates Act, 1996. 
{2) It ~xtends to the whole of the State of K~rala. 
(3) It shall come into force on such date as the Government may, 
by notification in the Ga"Zette, appoint. 
, 2. Definitwnf.-ln this Act, unless the context othet"wise requires,-
~ 
, (a) 'appointment in pubhc service' means appomtment to a set vice 
for post under the State or Central Government and mcludes appointment 
to any post of the State or Central Goverrunent undertakings; 
*Received the assent of the President on the 24th day of September, 1996 
and published in the Kerala Gazette Extraordina1 y No. 1151 dated Ist 
October, 1996. 
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(b) 'appointing authority' in relatiOn to a se1 vice or post means the 
au.thority empowcrea to make appomtment to such service or post, and 
include appointing authonties in respect of the se;-vJces and posts m connection 
with the affairs of the Central Gov~rrunent and of the State and Central 
Goverrunent undcrtakmgs; 
(·c) 'Community Certificate' means the ce,·tifica tc issued by the 
competent authority m the p1escribed form ind1oting the1ein the Schcdu'led 
Caste or the Schedo!ed Tribe, as the case may be,_ to which a person belongs; 
(d) 'Competent .\uthonty' means any officet o, authority authori~ed 
by the Gove1 nm1 ·1t by notlf1c.ttion to pe1 fofJ11 the functions o[ t1te competent 
authority under t lm Act, for such ·ll eas or fm ~uch pu1 pose~ as may be specified 
in the nottficatioJJ; 
(e) 'Co-operative lnstitut10n' means a Co-operative Society of 
Society rcgi~te1ed or deemed to be Iegistercrl. undc1 the Kcrala Co-operative 
Societtes Act, 1969 (21 of 1969); 
(f) 'EducatiOnal Institution' means any School, College. Polytcchmc, 
Industrial Trauung Centre, Indu~tnal T,·ammg Institute, College of Fine 
Arts, College of l\lusic, Engmcetmg College, Mcdtcal College, Ay.11 veda 
College, Ho.:noeopathy College, Dental College, College of Nu, smg, Nurses 
Trainmg School, Health Vis1tm sTraining School, Colleges under the contl ol 
of the Kerala Agncultural University and various Colleges or mstitutions 
under the cont. ol of any Umvcrsity established by an Act of the State Legisla­
ture and an·/ other institution 1mparting education as may be specified by 
the Government by notification in the Gazette, from time to time; . 
(g) 'Expert Agt>ncy' 1l'eans an officer, or team of officer~ belonging 
to the Anthropological Wmg of the Scherlulcd Castes and Scheduled Tnbes 
Development Department of the State Government, ent1 usted with the 
research, traming and developmental stnd1es of the Scheduled Castes and 
the Scheduled Tnbes and also incluctes the Dil ector of that Dep:1rtment, 
If he belongs to the Anthropology Wmg of the Depa1 tment or IS an Ant uopolo­
gist or Socwlog:st; 
(h) 'Government' means the G(.verrunent of Kerala; 
(i) 'Local authority' n.cans a local duthority as defined m the 
Kerala Panchayat Raj Act, !994 (13 of 1994) o: the Kerala Munictpa!iues 
Acl, 1994 (20 of !994) as t>1C case may be; 
(j) 'NotificatiOn' meam a notificatiOn published m the Gazette and the 
, 
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word 'notified' ~hall be comtrued accordingly; 
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(1<) 'Prcs<:llb~d' mct~.ns prescrthcd by r,_.\,.s made under this Act 
(I) 'ScheJulcd Castes' and 'Scheduled TI ibes' shall have the meanings 
respectwcly assigned to them m clause (24) and clause (25) of Article 366 
of the ConstitutiOn of India, 
(•n) 'Sc1cemng Co'nmittce' means a conunittee ment10ned m 
~cction 6 ,, 
(n) 'Scrutiny Comnuttee' means the committee constituted by the 
Government by notificatiOn under section 8 to pet form the functions of the 
Sc.-utmy Committee undei this Act for such area~ or for such purposes as 
may be specified in the notification; 
( o) 'Special Court' means a CoUJ t of Ses~10n specified as a special 
cow t undei section 2 I , 
(p) 'Special Public P1 osecutor' means a Pub he Prosecutor ~pecified 
by the Gove.nmt:.nt as a Spe('lal Pubhc Prosecutm or an advocate, by notifi­
catiOn, undei sectiOn 22. 
3. Proof of the Scheduled Cast~s or the Scheduled Trzbe Stalus.-N otwlths tanding 
anythmg con tamed in any othei law fo; the time b('ing m f01 ce, any person 
belongmg to any of tlte Scheduled Ca~tcs or the Scheduled T: ibes claiming 
any benefit, concession, p, otection, exemption or rese,·vation provided 
to such Ca~tes or TIIbe> elthct for any appomtment in public services or 
for admiSSion mto educatio';lal mstttuuons, exclusively intendxd f01 
members of the Scheduled Castes or the Scheduled Tribes. or for contesting 
for the scats , esc1 ved for them m any educatwnal imututwn in the State or 
outside the State for the students of the State or local authonty or co-operative 
institutiOn, shall p' ove Ius claim by a Certificate Issued for the pUI pose under 
this .\ct, by the competent authority, in the prescribed manner . 
. 4 Apphcatzon fal Cor.zmumty Certzficate -Any •person belonging to any 
of the Sc~eduled Castes or the Scheduled Tnbes m mder to prove his claim 
that he belongs to the Scheduled Caste or the Scheduled Tt ibe, as the case 
may be, for any purpose, shall make an application in such form and in such 
manner, as may be presc11bed, to the competent authonty for the tssue of 
a Community Certificate. 
5 CoMmu,uty Ccrt1ficatp to be zssued Dilly by thr Co•npetcnt Authorzty.-( I) 
The COI"'~etent Al!thOJity may on an a!'lphc:ltwn made to it unde1 section 4, 
i:>y f•Jilowmg the !1rCSC!10ed procedme, '>dtisfv Itself about the genume<ess 01 
othe:-w1se of the claun made the1 em and the. eafte1 Issue a communil y cc1 uficatc 
withm such period and m such form as may be prescribed or 1 eject the appli-
cation for reasons to be recorded in writing. · 
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(2) A Commnnity Certificate is~ued by any person, officer or authority 
other than the Competent .: ... vthority shall be mvalid. 
(3) The Competent Authority shall :r.ot issue a commuruty cc, tlficate 
10 a me,nber of the Scheduled Caste o; the Scheduled Tribe S'Ibject to any 
•condition or contingency 
6. Co•lrtztutzon of Screenmg Comzttee for ven fica/zon of Co:nm!Ull/y Certa.ficate.-
(!) The appl:catiors fi om members of the Scheduled Castes and the 
SrhedPie<l ';';1brs f0r admiSSIOn to the scats ,ese.ved for the Schcdulecl Castes 
and the Sc!1eduler: Tnbrs in edncational mstitntJOns ~hall be got scrutimsccl 
b:' a Sc1 ecnmg Committee constituted by Government in the pi escnbed 
rnanne, to ensU!e that the Cmnn,unity Ceitificate p10duced m ~upport of 
the Scheduled Caste OI the Schedule(! Tnbe claim of the applicant is genume 
(2) The ScJccmng r:omnuttec may cal'~e detailed enqutry through 
the e'l..pert agency to ascc1 tam if the applicant actHally :)dongs to the Scheduled 
Caste or the Scheduled Tnbe, as the ca~e rray 1Je, and shall 1 eJeCt the appli­
catwn Ii the app!Jcant docs not belong to the Scheduled Caste or the 
Sche<iHlc,l T1Ibe as clauned by hi·11· 
P, ov Ided that 1 ejectwn of the apphcatwn sb.all be Without preJudice to 
the actions that ntay be taken 11nder sectwm i I, 15 and 16. 
7 Furtl•er ~·erzjicatwrz of Comunz{} Ccrtzficatr,.--Production of a community 
certificate i~st·ed by thl Competent Authonty shall not p1 eclude the appointing 
;Jutho:-ity, or head of the educatiOnal mstitut1on or any office1 or authority .• 
~upe11or to the appomtmg authOJit] 01 head of the educational institution 
mclvdmg the State Goverrunent, f. 01:.1 venfymg 01 causwg to be ve11fied the 
claw1 of <.n llldJVJdual that he belongs to the Scheduled Casste on he Scheduled 
Tribe,. a~ the case way be at the time of millal appomtment, selection or 
admiSSIOl! or ai any stage the1eafter ,P 
8. Constz/utwn nf sc1utu!)' cornmzttee for vm.ficcdzon of conzmunz~y ccrtzfoatcJ.­
Thc Government shall constitute a scrutmy co.mm.Jttee for venfication of 
commumty certificates. Any person belongmg to Scheduled Castes or Scheduled 
'fl'lbes or any appomtmg authonty 01 local body or 1-tead~ of educational 
mstJ!UtlO•l~ may make an applicatiOn m such form and m ~uch manner as 
m<~y be prescribed by the scrt.tmy corrunittee for verification of conununity 
certificates. 
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' 
9 Enquzry by Expert AgcllC)' ---(I) The expel t agency may conduct 
such enqmnes as Jt may deem fit mlo the claun of an mdiVIdual J, gt oup 
of IndiVIduals that he or they udong or belong-; to the Scheduled Caste or 
the Scheduled T11be m the followmg crrcumstanccs,-
(I) Suo motu enqunes on the basts of field studies on castes, com­
mumties o1· tnbt>s m· as a pa1 t of or auxiliary to Antht opological 
or Sociologtcal Studies or mvestigations. 
( ii) On petitions and co 1plamts being : eceived 
source pet taining to the Scheduled Caste or 
Tnbe, clam1s of no•I-Schcduled ( :astes or 
Tribes, as the case may be. 
, 
by it, from any 
the Scheduled 
non-Scheduled 
(iii) On 1 elerences, H:q dl~ltious, drrections or proposals being 
1 ecei\·ed f10m the State and Central Gove1 nments, the competent 
authontics or the screening co,-runittee or the c;crutmy committe. 
(2) 1~he report of the Expe1 t Agency shall be conclusive p10of f<Jr 
or agamo;t the Scheduled Caste ot the Scheduled Tr1be clarrn, as the cao;e 
may be, of the pel son repm ted upon ._, 
(3) The person 1 ep01 terl upon shall be entitled for a copy of the 
1eport of the LXJJert .Agency, if he ctesires so, ftee of cost from the authol'ity 
authon~ing the enqun )'. 
10. Burden of proof-Whele <>n application IS n~ade to the competent 
authority under sectiOn 4 for the JS<;ue of a community ce1 tificate m respect 
of a Scheduled Caste or Scheduled Tribe 01 in any enqui1 y conducced by the 
<> Competent J-\uthority, the Expe1 t Agency, or the Scrutiny Committee or m 
anv trial or offence under this Act, the burclcn of provmg that he belongs to 
such Caste or Tnbe sh:.> 11 be on the claimant. 
ll. Cancellatzon of jtdse communzty certzficate.-( 1) Whe1 e, before or after 
the commencement of thts Act, a person not belonging to any of the Schedukd 
Castes or the Sc~eduled Tnbes has obtamed a false commumty certificate 
to the effect that eithet hirr o;elf or Ius children belongs or belong to such Ca~te 
or the Tnbe, the ~crutin) Comr ittee may eitl·er suo motu or on a written 
complaint or report by any person or authority, call for the records and cnqmxe 
mto the COil ectness of such certificate and 1f 1t is of the opinion that the CCl tificate 
was obtaint>d fraudulently, It shall, by order, cancel the certificate after givmg 
the person concerned an opportunity of rr.aking a representation, if any. 
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(2) The powers of the nature rcfe11 ed to m su b-sec'10n ( 1) may 
also be exercised by the Govemment. 
(3) The Scrutmy Committee while pel rorming ItS functiOns for 
verification and cancellation of com•nunity certificates shall follow ~uch 
procedure as may be prescnbed. 
12. Appeal and revzew.-(1) Any person aggnc"ved by an o1dcr passed 
under sub-section (I) of section 5 by the Competent Authonty reJectmg 
an apphcat10n made to it under section 4 may, within thirty days from the 
date of recc1pt of such order, appeal to the next h1gher Competent Authonty 
and that authonty may after giving the appellant an opportumty of bemg CJ 
heard, either confirm the 01der appealed against or set as1dc the said 01der 
by following the prescnbed procedure. 
(2) When the Competent Autho11ty 1ejectmg an applicatiOn for 
community certificate is the Distnct Collector, the person aggrieved by the 
said decisiOn of the District Collector, may WJthm fifteen days from the date 
of receipt of the order of the D1stnct Collector, appeal to the Government 
and the Government may after givmg the appellant an opportunity of bemg 
heard, confirm the order of the Distnct Collector or arrange for an enqUiry 
through the Expert Agency and ISSue appropnate orde1 s or directions on the 
basis of the expert report. 
(3) Any person aggrieved by an order passed under section II by 
the Scrutiny Committee may Within thirty days from the date of receipt of 
such order appeal to the H1gh Court and the High Court would dispme of 
the case as expeditiously as possible within a period of three months. ln 
case the writ petiuonfmi~cellaneous petition/matter is disposed of by Single, 
judge, no further appeal would he .!0alllst .hat order to tile DiviSIOn Bench, 
but subject to spec1al kave under A1 t1cle 136. 
(4) The Government may, on an application received from ar.y 
person ag!i,ricved by an order pas~ed bv them under sub-sectiOn (2) of section 
ll Within ftfteen days of the date of11::ceipt of the sa1d Oide1, re'v!ew any su(h 
order If they are satisfied that the order was passed by them under any miStakL, 
whether o! f.-:tct or law or m 1gn01 ance of any mate11al fact or unaware of <my 
relevant evidence. 
(5) Pending d1<;posal of an appeai under sub-sectiOn (2) or 1eview 
unde1 sub-section ( 4), It <;hall br competent f01 the: Gove11uncnt to \;ay the 
operation of the order against whiCh the appeal or 1 ev1ew, a~ the c;~sc may be, 
f filed. 
13. Power qf sta)' and revzsto,l by the Gourmnent.-(l) Except in the casfS 
of decisions of the Scrutmy COJ;umttee tf.c Government may at any time, 
eiti1er suo motu or on applicatton made to them w1thm the pt escnbed period 
call for and examine the record, relating to any decision made or order passed 
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by any person, officer or authonty subordinate- to them f01 the purpose of 
satisf)rmg themselves as to the legal1ty, regula 11ty or propnety of such deciSion 
or order, and If, in any case It appears to the Govet nment that ,my such 
decision or order should be modified, :u~:.ulled, reversed or remitted for 
reconsideration, or subjected to enquiry by the Expert Agency or Scrutmy 
Committee they may do so accordmgly ' 
Prov1ded 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, 01 
Scrutmy Committee where the matter may be referred to the Expert Agency 
or Scrutiny Committee by their own mot10n. 
(2) W1th the exceptiom of (i) orders passed by Government in pur­
suance of and on the basts of a report submitted by the Expert Agencv, (n) 
the dec1sion of Screening Conumttce consutuled under section 6, and (in) 
the decision of the Scrutmy Committee const.ltuted under sectiOn 8, the 
Goverrunent may stay the executiOn of any such deciSIOn or mdct pendmg 
the exercise of their powers und sub-~ccuon (l) in respect thereof. 
14. Competent Authorzty, the Expert A gene)' and Scrutmy Cummzttee to o.erczse 
powers rif the Cwtl Court.-The Competent Authonty, the Expert Agency and 
the Scrutmy Committee shall, while holdmg an cnqmry under this Act, ha\ e 
all the powers of a CIVIl Court trying a swt undc1 the Code of Civil Proccdmc, 
1908 in respect of the followmg matters, namely:-
( 1) Summomng and cnf01 cmg the attendance of any person from 
any part of the State and examining him on oath; 
(2) Rcquiung the d1scovery and production of any document, 
(3) ReceiVing evidence on affidavits, 
(4) Requisitiomng any pubhc rec01d OI copy thereof from any court 
or office; 
(5) Issuing commissiOns ·for the exammauon of WJtncsscs or docu­
ments; and 
(6) Any other mdtter wh1ch may be specified by Goverrunent by 
notification m the Gazette. 
15. Penaltzes.-(1) Whoever obtains a community certificate by,­
(a) furnishmg 'false information; or 
(b) filing a false statement; or 
34j5203j97jMC. 
122 
(c) by suppressmg material facts and relevant evtdence pertaining 
to lm caste or tnbal status; or 
( cl) any other fraudulent means, 
shall, on convJctton, be punishable with reigorous unprisonment for a term 
which shall not be Jess than SIX months OUt which may C;l,.tend uptO twO years 
and wtth fine wh1ch shall not be less than one thousand rupees but which 
may extend upto five tltous,md 1 upees: 
Provided that the Cow t may, for adequate and special reasons to be 
1ccorded m the Jud~:;ment, unpose a sentence of 1mpnsorunent for a lesser 
term or fiue. 
(2) Whoever fUI rushes fctbe information regardmg his personal 
details of caste or tribal status, to the Expert Agency m an enquiry under 
sectJOn 9 or to the scrutmy committee m an enquiry under section 11 or 
causes any obstruction m 5uch an enqwry proceedmg, by prevenung the 
Expert Agency or the Scrutmy Committee from collecting the facts or 
evidence regarding hi~ personal and caste or tnbal status, or tries to frustrate, 
prevent or mterfere 111 any w.ty with the process of the enquiry, shall on 
convictiOn be pumshablc wtth ngorou~ unpnsonment for a. tenu wluch shall 
not be less than three months but wh1ch may extend upto six months and 
WJth fine wh1ch ~hall not be less than five hundred rupees but which may 
extend upto one thousand rupees. 
1 G. Benefits secured on the basls of false commumry certzficates to be withdr-awn.­
(!) Whoever not b,emg a person belonging to any of the Scheduled Castes 
or the Scheduled Tnbes secwes admtssion in any educatiOnal institutiOn 
agam~t a scat reserved for such Ca~tcs or Tttbes 01 secures any appointment 
in the Govenunent, Covet nment U.l<.lcr takmgs, Local Autho11ty or in any 
other Company or Corporation owned or controlled by the Government 01 
in any aJded m~tttutton against a pmt re~erved for such Castes or Tribes or 
enjoys any otl1et benefit mtendcd cxclusJvcly tor such Castes or the Tnl9es 
by producm~ a false commumty cet tthcate shall, on cancellatton of the false 
commumty certificate, be 1cmovcd by cancelling the uregular admission m 
the ·concerned educatiOnal mstitutJOn or, as the case may be, removed from 
the satd set v1ce fo1 thw,th and any other benefit enjoyed by him as aforesaid 
8 half be Withdrawn forthWith. 
(2) Any amount paid to such person by the Government or am 
other agency by way of scholarship, grant, allowance, stipend• or any other 
financ1al benefit shall be recovered as if it is an arrear of pubhc revenue dut 
on •land. 
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(3) A•1y degree, diploma or any other cdu<::lttOnal quali~cation 
acquired by such person after sec.unng adm1~sion IJ' any cducatlollal mstltu­
tion 0.1 the basis of a false commuruty rei ufi.ratc shall also stafld cancelled 
on cancellation of the community ce1 tlficate obtamed by h1m. 
\ 
(4) The Competent Authonty or the State Govemmeat may also 
order appropnate measures to prevent such person from further enjoymg the 
benefits of Scheduled Castes or the Scheduled Tnbcs, mcluding substitutloiL 
of the real caste name of such person Ill the pubhc recmds, for the false 
Scheduled Caste or Scheduled Tiibe name. 
(5) Whoever not being a person belongiPg to any of the Scheduled 
Castes or the Scheduled Tnbes secure; <..nd benl'fit reset ved for Scheduled 
Castes or the S~heduled Tnbe~ othei than thmc mcantioPccl m sectlO•l 17 by 
producmg a false commumty ce1 tifi.cate shall on cm.victiOn, be put,I~hab!e 
with ngorous impnsonmeiLt for a term whtch shall ~tot be less that. 'iiX mo,.th~ 
but which may extend upto two yca,s and with fine whtch shalii.ot be lc'" 
tha11 one thousand rupees but wh1ch may exte11cl upto five thousand rupees: 
Provided that the court m.1y, for adequate and speCial 1easm•s to be 
recorded m the judgment, tmpo~e a sente!tcc of ImJH,so •. me,1t for a lt s~cr 
teim or fine. 
17. Penalty for securing an appomtment or decczon tn local bodzcs etc, on the 
baszs of false commumty certzficate.-Whoevcr "'10t beirg a person belongmg to 
any of the Scheduled Caste~ or the Scheduled Tnbes secures an appointment 
in Government 01 other ElStitutwns refencd to 111 ~ecuon 16 Jg<iu.~t the posts 
reserved for the Scheduled Castes or the Scheduled Tnbe-. or is elected to ar.y 
of the elective offices of any local authonty or co-operative society agau:~t 
the office reserved for such Ca~te's or the Tlibes oa the baSIS of a false com­
munity certificate, shall on CO!WICtlon, be puni~hable with rigorous Impwon-
0 ment for a term which shall not be less than SIX moHth~ but wh1ch may e'<:tend 
upto,two years and with fine which shall•1ot be le% tha11 one thoma"::.d 1 upec< 
but which may exte11d up to five thousand rupees. 
Provided that the Court may, for adequate and ~peCial rea~ons to be 
recorded in the judgment, 1mpo~e a ~e'ltence of Impii~o~ment for a lesser 
term or fine 
18. Penalty for zssuzng false communzty certzjicatc -(I) Any person or 
authonty perfmming the functions of Competc11t Authqnty w•dcr tlu~ Act, 
who intentionally issue~ a false commumty ceruiicate, shall on conviction, be 
punishable with r1gorou' impnsonment for a term wh1ch 'hall not be less than 
six months but which may extend upto two years and aho With fi1·e whirh 
shall not be less than one thousa.-,d rupees but wh1ch may exte•:d upto five 
thousand rupees: 
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Provided that the Court may, for adequate and special reasons to be 
recorded In the judgme'1t, Impose a sentence of imprisonme.1t for a lesser 
·term or fine 
. C?) No court shall take cogni7..ance of an offence pu:1ishable under 
tlus sect10:1 except With the previous ~ancuon of the Government. 
I 9. Penalty for preparation and submmion of false rejJOrts by the expert agency­
(I) Any officer or group of officers pofOiml•'g the functio:1s of the Expert 
Ager:cy under th1< Act, who iPte·li!Onally prepare~ any report and submits 
the ~arne to any authonty or to the Governm~nt, where by any person who IS 
not a member of tny Scheduled Caste or the Scheduled Tr'be happens to 
secme commu 11ty cerufic.,tC' from the Compete11t Autholity or secwe any 
benefits e"cluslvc'y I 1tc 'dcd lor Scheduled C:t.~te or the Scheduled Tr·bes, 
a~ the caoc may be, 01 intentionally prepa1e a•-d submit a report to any 
authmity 01 to the Government to deprive a member of aay SchC'dulecl Caste 
or the Schedule.! Tnbe of the be.1efit~ due, a~ such member of any Sc!1eduled 
Caste or the Scheduled Tnbe, as the case may be, shall on conviction be 
pubishable w1th ng01nu~ impnsopment for a te1m whKh shall not be less 
tha!1 SIX mo,lth~ but wh1ch m1.y extend upto two years a11d also with fine 
wh1ch ~h~ll not be les~ than 011e thousand rupee~ but which may exte·•d upto 
five thousaHd rupees. 
Prov dea that the Court may fot adequate and special reasons to be 
recorded 111 the JUdgme,lt impo~e a sentence of imprisonment for a lesser 
term or fi·,e. 
. (2) No court shall take cogmzance of an offence punishable under 
tlus sectiOn ex('rpt with the previous sanction of the Government. 
20. Penalty for abetters -Whoever abets any offence punishable under 
this Act shall be pu'1Ished w1th the pu·ushme·lt provided for in this Act for 
such offe,1ce. 
() 
21 Ertablzs.~mmt of Specw[' Courts.-Fo!' t:1e purpose of provid1 ng for 
speedy trul, thr Stc ,e Governmrnt ~hall with the concut renee of t11c Chief ]) 
J udstice of the Htgh Court, by not1ficat;on m the Gazette, ~peofy for each 
dtstrict a Court of SessiOn to be a Spec1a\ Court to try the offences under this 
Act. 
22 Specza! Publzc Prosecutor -For every Special Court the State Govern­
ment shall, by notification in the Gazette, specify a Public Prosecutor, or 
appoint an advocat~ who was m practice as an advocate for not Jess than seven 
yrars, as Special P•1bhc Pros~c11tor for the purpose of conducting the cases 
under this Act m that Court 
I t 125 
21. Offence wzder the Act co~'t<zablc and non-bmlablc -Notwithstanding 
anyt•nng c<·ntanv·d In the C0dc of Cnmmal P1 0ccdure. 1973 (Central Act 
, 2 of l q74) all df.:nces und<~r th1~ Act shall be c(\gnizable and non-bailable. 
I 
24. Bar of;urzsa<clzon of Cwzl Courts.-No Civil Court shall have jurisdi­
ctiC'n m re~p~ct 0f i!.ny order p<~sscr:l by ;my Oflicer or authonty under this 
Ac~ and no stay 0r mJunr.:twn shall be granted by a court m respect of any 
act1on t?kcn or to b< taken hy ~uch officer or authority under thi~ Act in pt.r­
~uancc o[ any pcwer c0nfCI,cd b) or under thi~ Act 
25. Protectzon of acts done m f!,Oodfazth -No snit, prosecution or (>thcr legal 
p1 c ccedmgs shall lie agaimt the Go\·e. nmcnt or any officer or authority of 
G,overnment nr any Nhe1 per~nn f0r anything wluch is m gcod faith de ne 
01 intended tn bf' don" in pt.,~ _.a nee nf t Jus Act nr rulr~ rna de ti:"'P't:ndcr. 
0 26 Act to ovrmde other laws -Sa\e as (•therw1~e pwvidrd in thls Act, 
the pnJVt'it(•ns of t!11~ /let_ s:1? II ;,?V~" df·c~. notwithst?ndmg anything mcon­
~istent thcrewnh contamed m any r.ther law for the tl!ne bemg in force 0r 
any Ct st0ms '" 1'~<'g" 01 an~' m~tn•mrnt havmg dfcc'c by VIrtue of ,•ny such 
la\1. 
27 Power to make rules-( l) The Government may, by nCittfi.catwn 
m the Gazcttf', make rulrs either pro•pecuvely or retrospectively fnr can ymg 
out all 01 any of the purposrs ot this Act 
(2) In partiCn!ar and withot•t pr~"Jmh('r to the gl'n~'r<>hty of the 
fr•rC'gomg power, such ruks mav ptOVJdc for the following matte1s, namtly-
(a) manner of ccrtd'ic?.tc to be issued by the Competent Authonty 
under secoon 3, 
(b) manner of app!Jcatton for cnmmumty certificate under 
secti0n 4: 
(c) prncedure and manner of 1~sue of community certificate 
under ~u b-section (I) of scctiC>n 5; 
(d) 
(c) 
(f) 
(g) 
manner nf constitution of Screening Cnmmlttee for verification 
of comnwmty ceruficate unde-r sub-sectiOn (I) of sectJf'n 6, 
mannt>r of C(lnsUtutiOn of the Scrutmy Committee. for verifi­
cation of community certificates under sectiOn 8 and the 
detailed procedure for its functionmg as specified in sub-secuon 
(3) of section 11; 
procedure for appeal under sub-section (l) 0f sccttc•n 12, 
any other matter required or allowed by .this Act to be 
prescribed. 
126 
(3) Every rule made u •der this Act shall be latd, as soon as may be 
after it is m1.de, before the Legisjative. \<~cmblv while It IS 11, scs~wn fm a total 
period of fourtee·1 days, whtch may be compnscd 1• oPe sess1o tor m two\ 
r-uccessive seSSions and 1f before the exptry of the scsswn in which It IS ~o l;:1.1d 
or the se~s10n !Inmedtatcly following, the Legislauve Assembly makes any\ 
modificatio·~ in the 1 ule or decides that the I ules shall rot be made, the rul1·s 
shall thereafter have effect only m such modified form or be of no efrect as 
the case m:y be, so however, that any ~uch moc\ificatJOI! or annulment shall 
be without p1 ejudice to the validity of anythmg previOuc;ly doPe undc1 
that rules. 
28 D~partme.!ta[ proctcdzngs not bancd by prosecution --PIO~\CUtiOn of 
any person for apy offence w1.der this Act shall HOt be a bat on ocpartme 1 t.d 
p10ccedmgs be111g t·titiated aga• 1~t that perso.1 under the relevant ~ervice 
conditw"ls or dJ<;ciphnary rules for the t1me belPg in force applicable to th,• t 
persor. 
29 Canrellatwr of commumty certzficatc zssued to a pcr·cn to be proof agaznst 
the relatwes of the same blood -Ca1 cellation of a commuPlly certificate ~~~ued 
to any pctso,J by a~ty competent ?.uthority ~hall be proof agau ~t the Schenu!ed 
Caste or the Scheduled T11be ca!Jmc;, 'l.S the case may be, of the cor_-;angun.eal 
relatiO,lS • ,f that individual alld shall be a ground for taki11g acuoa under !,ub­
o;ectiOll (I) of section 11 agai.tSt members of such family by the scrutitty com­
mittee or u•1der sub-section (2) thereof by the Government 
30. Transttzonal Provzs,on - -A ccmmumty cert1ficate t%ued by any 
authonty compete'1.t to issue the c;ame under the 1 elevan t 1 ulcs or orc.lers 
before the commencement of th1~ Act, shall u•tle~s it IS cancelled under the 
proviSions of th1s Act, be vahd and shall be deemed to have been issued under 
the provisions of tlus Act. 
' 
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