The Mizoram Scheduled Tribes and Scheduled Castes (Regulation of Issuance and Verification of ) Community Certificates Act, 2014

The Mizoram GazetteEXTRA ORDINARY
Published by Authority
RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008
VOL - XLIII      Aizawl,    Tuesday    22.7.2014     Asadha   31,    S.E.  1936,     Issue No. 376
NOTIFICATION
No. H. 12018/234/2014-LJD, the 17th July, 2014. The following Act is hereby published for general information.
The Mizoram Scheduled Tribes and Scheduled Castes (Regulation of Issuance and Verification of )
Community Certificates Act, 2014
(Act No. 5 of 2014)
{Received the assent of the Governor of Mizoram on the 11th July, 2014}.
Zahmingthanga Ralte,
Deputy Secretary to the Govt. of Mizoram.
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ACT No. 5 of 2014
THE MIZORAM SCHEDULED TRIBES AND SCHEDULED CASTES (REGULATION OF
ISSUANCE AND VERIFICATION OF) COMMUNITY CERTIFICATES ACT, 2014
AN
ACT
To provide for the regulation of issuance and verification of the Community Certificates to the persons
belonging to the Scheduled Tribes and Scheduled Castes in the State of Mizoram.
Whereas it is considered necessary to devise and provide for the regulation of the issuance and
verification of the Community Certificates to the persons belonging to the Scheduled Tribes and Scheduled
Castes in the State of Mizoram;
And Whereas in order to curb effectively the evil practices of securing such certificates by persons other
than those belonging to the Scheduled Tribes and Scheduled Castes for claiming the benefits of reservation
and such other benefits meant for the Scheduled Tribes and the Scheduled Castes and to make provisions
for prescribing punishment therefore and to provide for matters connected therewith or incidental thereto;
It is enacted by the State Legislature in the Sixty fifth year of the Republic of India as follows:-
1. Short title, extent and commencement.
(1) This Act may be called the Mizoram Scheduled Tribes and Scheduled Castes (Regulation of
Issuance and V erification of) Community Certificates Act, 2014.
(2) It extends to the whole of the State of Mizoram.
(3) It shall come into force on such date, as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.-In this Act, unless the context otherwise requires,
(a) “Community Certificate” means the Certificate issued by the Competent Authority to the
person indicating therein the Scheduled Tribes or Scheduled Castes, as the case may be, to
which the person belongs;
(b) “Competent Authority” means any officer or authority authorized by the Government by
notification to perform the functions of the competent authority under this Act, for such an
area or for such purposes as may be specified in the notification;
(c) “Educational Institution” means any School, College, University, other educational institutes
and any other institution imparting education as may be notified  by the Government from time
to time;
(d) “Government” means the Government of Mizoram
(e) “Local Authority” means in relation to local areas comprised within the jurisdiction of the
concerned Municipal Council, Local Council/Village Council having jurisdiction over such local
areas;
(f) “prescribed” means prescribed by rules made by the Government under this Act;
(g) “Scheduled Tribes and Scheduled Castes” shall have the meanings respectively assigned to
them in clause (24) and clause (25) of Article 366 of the Constitution of India;
(h) “Scrutiny Committee” means the State Scrutiny Committee constituted under sub-section(i) of
Section 6 under this act for the Scheduled Tribes and Scheduled Castes for verification of the
Community Certificate and to perform the function of the Scrutiny Committee under this Act;
3. Application for a Community Certificate,-
(1) Any   person   belonging   to  any  of  the  Scheduled   Tribes  or Scheduled Castes shall in order
to claim the benefit of any reservation provided to such Tribes and Castes either for any public
appointment or for admission    into any educational institution in the State or outside the state
for the students of the State or any other benefit under any special provisions made  under
Clause(4)  of Article 15 of the Constitution of India or for the purpose of contesting for elective
post in any local   authority or for elective posts in the Co-operative Societies; or for purchase
or transfer of land from a tribal land holder or any other purposes specified by the Government
from time to time, apply in such form and in such manner as may be prescribed to the Competent
Authority for the issue of a Community Certificate.
(2) Any  person  belonging  to a Scheduled Tribe may, for the purpose of claiming any benefit or
protection meant for Scheduled Tribes under any notification, direction or regulation made
under the Sixth Schedule to the Constitution of India, or under any Act, Rule, Regulation or
Order for the time being in force in the Scheduled Areas, make an application in such form and
in such manner as may be prescribed, to the Competent Authority for the issue of Community
Certificate.
Explanation:- For the purposes of this section, ‘Scheduled Areas’ means the areas as defined
in paragraph 6 to the Fifth Schedule to the Constitution of India.
4. Community Certificate to be issued by Competent Authority,-
(1) The Competent Authority may, on an application made to it under section 3, after satisfying
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 in writing.
(2) Before the issue or rejection of a certificate under sub-section (1) the  Competent Authority
shall  follow  such  procedure  as may be prescribed.
(3) The Community Certificate issued by the Competent Authority shall  be valid only subject to
the verification and  grant of validity Certificate by the Scrutiny Committee.
(4) A community Certificate issued by any other person, officer or authority other than the Competent
Authority under this Act shall be invalid.
5. Appeal,-
(1) Any person aggrieved  by an order of  rejection  of an application  passed by  the  Competent
Authority  under   sub-section (1) of section 4 may within thirty days from the date of receipt
of order, appeal to the Appellate Authority specified by the Government by notification in the
Official Gazette.
(2) The Appellate Authority may within a period of three months, after giving the appellant an
opportunity of being heard and after satisfying  itself about the genuineness or otherwise of the
claim of the appellant either confirms the rejection or set aside the order of the Competent
Authority  and  direct the Competent Authority to issue the Community Certificate.
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6. Constitution of Scrutiny Committee and its powers,-
(1) The State Government shall constitute  by  notification in the Official Gazette, State Scrutiny
Committee for verification of community   certificate   issued   by   the   Competent   Authority
under sub-section (1) of section 4.
(2) The Committee shall consist of the following Members :-
a) the Joint Secretary, Home Department,
Government of Mizoram :: Chairman
b) the Director, Social Welfare Department,
Government of Mizoram or any other officer not
below the rank of Deputy Director duly authorized
by him :: Member
c) the Director, Art & Culture Department,
Government of Mizoram or any other officer not
below the rank of Deputy Director duly authorized
by him :: Member
d) the Director, Economics & Statistics Department,
Government of Mizoram or any other officer not
below the rank of Deputy Director duly authorized
by him :: Member
(3) Subject to any general or special order of the State Government, provisions of this Act and
rules made thereunder, the Committee shall have powers-
(a) to verify social status of a person in whose favour a certificate is issued under section 4;
(b) to make an inquiry in connection with the contravention of any provisions of this act;
(c) to issue notice to any person or authority in such manner as may be prescribed;
(d) to call for information from any person or authority for the purpose of  satisfying   itself
whether  there has  been  any contravention of  any  provision  of this Act or any  rule
or order made or direction issued thereunder;
(e) to require any person or authority to produce or deliver any document or thing useful or
relevant to the inquiry;
(f) to examine any person acquainted with the facts and circumstances of the case;
(g) to validate the Community Certificates issued by the Competent Authority after due
verification of the genuineness of the Certificate.
(h) to scrutinize complaints relating to availing of benefits on the basis of false Community
Certificate and the matters connected therewith.
(i) to summon and enforce attendance of any person from any part of the State and
examining him/her on oath.
(j) to  issue commissions for the examination  of  witnesses or documents; and
(k) to requisition any public record or copy thereof from any court or office.
(4) The Committee shall meet at such place and time, and the meeting shall be conducted in such
manner, as may be prescribed.
(5) All order or direction of the Committee shall be authenticated by the Chairman or by such
officer of the Committee as may be authorized by the Chairman on this behalf.
7. Cancellation and confiscation of false Certificate,-
(1) Where, before or after the commencement of this Act, a person not belonging  to any of the
Scheduled Tribes and Scheduled Castes has obtained a false Community Certificate to the
effect that either himself or his children belongs to such Tribes or Castes, the Scrutiny Committee
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may, suo motu or on a written   complaint by any person, call for the record and enquire into the
correctness of such certificate and if it is of the opinion that the Certificate was obtained
fraudulently, it shall, by an order cancel and confiscate the certificate after giving the person
concerned an opportunity of being heard, and communicate the same to the concerned person
and the concerned authority, if any. This includes confiscation of immoveable properties
fraudulently obtained by the defaulting person on ground of false certificate or impersonation.
(2) The order passed by the Scrutiny Committee under this Act shall be final and binding upon the
parties.
8. Burden of proof,-
Where an application is made to the Competent Authority under section 3 for the issue of a community
certificate in respect of Scheduled Castes or Scheduled Tribes or in any enquiry conducted by the
Competent Authority under this Act or any other Authority empowered to cancel the community
certificate or any trial of offence under this Act, the burden of proving that the person belongs to such
Castes or Tribes shall be on the applicant/claimant.
9. Powers of the Civil Court to Competent authority, Appellate Authority and Scrutiny
Committee,-
The Competent Authority, Appellate Authority and Scrutiny Committee shall, while holding an enquiry
under this Act, have all the powers of a Civil Court while trying a suit under the Code of Civil
Procedure, 1908 and in particular in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from  any Court or Office; and
(e) issuing commissions for the examination of witnesses or documents.
10. Benefits secured on the basis of false community certificate to be withdrawn,-
(1) Whoever, not being a person belonging to any of the Scheduled Tribes or Scheduled Castes
secures admission in any educational institution against a seat reserved for such Tribes or
Castes or secures any appointment in the Government,   local authority or in any other Company
or Corporation, owned or controlled  by the Government or in any Government aided institution
or Co-operative Society against a post reserved for such Tribes or Castes by producing a false
community certificate shall, on cancellation of the Community Certificate by the Scrutiny
Committee, be liable to be debarred from the concerned educational institution, or as the case
may be, discharged from the said employment forthwith and any other   benefits enjoyed or
derived by virtue of such admission or appointment by such person as aforesaid shall be
withdrawn forthwith.
(2) Any amount paid to such person by the Government or any other  agency  by  way of scholarship,
grant, allowance or other financial benefit shall be recovered from such person as an arrears
of land revenue.
(3) Notwithstanding anything contained in any Act for the time being in force, any    Degree,
Diploma or any other educational qualification acquired by such person   after securing admission
in any educational institution on the basis of a Community Certificate which is subsequently
proved to be false shall also stand cancelled, on cancellation of such Community Certificate,
by the Scrutiny Committee.
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(4) Notwithstanding anything contained in any law for the time being  in force,  a  person shall  be
disqualified for being  a member of any statutory body if he has contested the election for
local   authority,  Co-operative  Society  or  any  Statutory body on the seat reserved for any of
Scheduled Tribes or Scheduled Castes by producing false Community certificate as belonging
to such Tribes or Castes on such false Community Certificate being cancelled  by the Scrutiny
Community, and any benefits obtained by such person shall be recoverable as arrears of land
revenue and the election of such person shall be deemed to have been terminated retrospectively.
11. Offences and penalties,-
(1) Whoever -
(a) obtains a false Community Certificate by furnishing false information or filing false
statement or documents or by any other fraudulent means; or
(b) not being a person belonging to any of the Scheduled Tribes or Scheduled Castes secures
any benefits or appointment exclusively reserved for such Tribes or Castes in the
Government, local authority or any other company or corporation owned or controlled
by the Government or in any Government aided institution, or secures admission in any
educational institution against a seat exclusively reserved for such Tribes or Castes or is
elected to any of the elective offices of any local authority or Co-operative Society
against the office, reserved for such tribes or castes by producing a false Community
Certificate; shall, on conviction, be punished, with rigorous - imprisonment for a term
which shall not be less than six months but which may extend upto two years or with
fine which shall not be less than two thousand rupees, but which may extend upto
twenty thousand rupees or both.
(2) No court shall take cognizance of an offence punishable under this section except upon a
complaint, in writing, made by the Scrutiny Committee or by any other officer duly authorized
by the Scrutiny Committee for this purpose.
12. Offences to be cognizable and non-bailable,-
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 -
(a) Offences punishable under this Act, shall be cognizable and non-bailable;
(b) every offence punishable under this Act, shall be tried summarily by any Magistrate of First
Class and provisions of sections 262 except sub-section(2) to 265 both inclusive of this Code,
shall as far as possible may be applied to such trial.
13. Penalty for issuing false Community Certificate,-
(1) Any person or authority performing the functions of Competent Authority under this Act, who
intentionally issues a false Community Certificate, shall on conviction, be punished with rigorous
imprisonment for a term which shall not be less than six months but which may extend upto
two years or with fine which shall  not be less than two thousand  rupees, but which may
extend upto twenty thousand rupees or both.
(2) No court shall take cognizance of an offence punishable under this section except with the
previous sanction of the Government.
14. Penalty for abetment,-
Whoever abets any offence punishable under this Act shall be punished with the punishment provided
for in this Act for such offence.
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15. 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.
16. Protection for acts done in good faith,-
No suit, prosecution or other legal proceedings shall lie against any person for anything which is done
in good faith or intended to be done in pursuance of this Act or the rules made thereunder.
17. Act to overwrite other laws,-
The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained
in any other law for the time being in force.
18. Power to make rules,-
(1) The State Government may, make rules for carrying out the provisions of this Act.
(2) Ev e ry rule mad e un de r th is A ct sh all be laid , a so o n as may be afte r it is m ad e, be fo re th e
Legislative Assembly.
19. Transitional Provision,-
A Community Certificate issued by any authority competent to issue the same under the relevant
rules or orders/guidelines before the commencement of this Act shall, unless it is cancelled under the
provision of this Act, be valid and shall be deemed to have been issued under the provisions of this
Act.
20. Power to remove difficulties,-
If any difficulty arises in giving effect to the provisions of this Act, the Government, may by order,
published in the Official Gazette, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the
commencement of this Act.
Secretary,
Law & Judicial Department,
Govt. of Mizoram.
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Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
Printed at the Mizoram Government Press,  Aizawl.   C/200

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