The Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Act, 2011

THE ODISHA SCHEDULED CASTES, SCHEDULED TRIBES AND BACKWARD 
CLASSES (REGULATION OF ISSUANCE AND VERIFICATION OF CASTE 
CERTIFICATES) ACT, 2011 
TABLE OF CONTENTS 
PREAMBLE 
SECTIONS 
1. Short title and commencement. 
2. Definitions. 
3. Application for a caste certificate. 
4. Issue of caste certificate by Competent Authority. 
5. Appeal. 
6. Scrutiny Committee. 
7. Confiscation and cancellation of false Caste Certificate. 
8. Burden of proof. 
9. Powers of Competent Authority, Appellate Authority and Scrutiny Committee.. 
10. Withdraw of benefits secured on the basis of false Caste Certificate. 
11. Offences and penalties. 
12. Offences to be cognizable and non-bailable. 
13. Penalty for Issuing false Caste Certificate. 
14. Penalty for abatement. 
15. Bar of jurisdiction of Civil Courts. 
16. Protection for Acts done in good faith. 
17. Provisions of this Act are in addition to any other laws. 
18. Powers to make rules. 
19. Powers to remove difficulties. 
The Odisha Gazette 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
No. 1557, CUTTACK, WEDNESDAY, OCTOBER 15 , 2014 / ASWINA 23 , 1936  
LAW DEPARTMENT . 
NOTIFICATION 
The 15th October, 2014 
No.9733—I-Legis-28/2011/L.—The following Act of the Odisha Legislative 
Assembly having been assented to by the President on the 12th September, 2014 is 
hereby published for general information. 
ODISHA ACT 8 OF 2014 
THE ODISHA SCHEDULED CASTES, SCHEDULED TRIBES AND 
BACKWARD CLASSES (REGULATION OF ISSUANCE AND 
VERIFICATION OF CASTE CERTIFICATES) ACT, , 2011. 
AN ACT TO PROVIDE FOR THE REGULATION OF THE ISSUANCE AND 
VERIFICATION OF THE CASTE CERTIFICATES TO THE PERSONS 
BELONGING TO THE SCHEDULED CASTES, SCHEDULED TRIBES 
AND BACKWARD CLASSES AND FOR MATTERS CONNECTED 
THEREWITH OR INCIDENTAL THERETO. 
BE it enacted by the Legislature of the State of Odisha in the 
Sixty-third Year of the Republic of India, as follows:- 
Short title 
and 
commence-
ment. 
1. (1) This Act may be called the Odisha Scheduled Castes, 
Scheduled Tribes and Backward Classes (Regulation of Issuance and 
Verification of Caste Certificates) Act, 2012. 
(2) It shall come into force on such date, as the State Government 
may, by notification, in the Official Gazette, appoint. 
2. In this Act, unless the context otherwise requires,— 
(a) "Appellate Authority" means the Authority as mentioned in 
section 5; 
Definitions. 
(b) "Backward ClasseS" means any Socially and Educationally 
Backward Classes as defined in clause(e) of section 2 of the 
Odisha Reservation of Posts and Services (for Socially and 
Educationally Backward Classes) Act, 2008 and includes 
Other Backward Classes declared by Government of India in 
relation to the State of Odisha ; 
(c) "Caste Certificate" means the certificate issued by the 
Competent Authority to an applicant indicating therein the 
Scheduled Caste, Scheduled Tribe or Backward Class, as 
the case may be, to which such applicant belongs; 
(d) "Competent Authority" means an Officer or authority authorised 
by the Government, by notification, to issue Caste Certificate, 
for such area or for such purposes as may be specified in the 
said notification and shall include all the Competent 
Authorities already designated by the Government before the 
commencement of this Act, having jurisdiction over the area 
or place to which the applicant originally belongs, unless 
specified otherwise; 
(e) "Government" means the Government of Odisha ; 
(t) "Local Authority" means Grama Panchayats, Panchayat 
Samitis, Zilla Perished- and also includes a Municipality or 
Municipal Corporation or such other body legally entitled to 
function as local authority by the Government; 
(g) "prescribed" means prescribed by rules made under this Act; 
(h)"public sector undertaking" means a Government Company as 
defined in section 617 of the L,ompanies Act, 1956 or any 
Corporation established by or under any Central or State Act; 
(0 "reserved category" means category of persons either belonging 
to Scheduled Caste, Scheduled Tribe or Backward Class: 
(i) "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; and 
1 of 1956. 
Odisha 
Act 6 of 
2009.  
3 
Application 
for a Caste 
Certificate, 
Appeal. 
(k) "Scrutiny Committee" means the Committee or Committees 
constituted under sub-section (1) of section 6 for verification 
of the Caste- Certificate and to perform other functions as 
entrusted to the Scrutiny Committee under this Act. 
3. Any person belonging to any of the reserved category, required 
to produce a Caste Certificate in order to claim the benefit of any reservation 
provided to such reserved category either in arty public employment or for 
admission into any educational institution 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 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, shall apply in such form and in such manner as may be 
prescribed, to the Competent Authority for the issue of a Caste Certificate. 
4. (1) The Competent Authority may, on an application made to it 
under section 3, after satisfying itself about the genuineness of the claim 
and following the procedure L. prescribed,` issue a Caste Certificate within 
such time limit and in such form as may be prescribed or reject the 
application for reasons to be recorded in writing. 
(2) A Caste Certificate issued by any person, Officer or authority 
other than the Competent Authority shall be invalid. 
5. (1) Government shall, by notification, in the Official Gazette, 
declare any officer higher in rank than the Competent Authority concerned 
as the Appellate Authority. 
(2) Any person aggrieved by arr order of rejection of application 
passed by the Competent Authority under sub-section (1) of section 4 may, 
within 30 days from the date of receipt of order, appeal to the Appellate 
Authority. 
Issue of 
Caste 
Certificate 
by 
Competent 
Authority. 
(3) 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 gentiineness or otherwise of the claim of the appellant, 
either confirm the rejection order or set aside the order of the Competent 
Authority and direct the Competent Authority to issue the Caste Certificate. 
Scrutiny 	 • 	 6. (1) The Government shall constitute by notification in the Official 
Committee. Gazette, one or more Scrutiny Committees for verification of Caste 
Certificates issued by the Competent Authorities under sub-section (1) of 
section 4 specifying in the said notification the functions and the area of 
jurisdiction of each of such Scrutiny Committees. 
4 
(2) The appointing authority of the Government, Central 
Government, Local Authority, public sector undertakings, educational 
institutions, Co-operative Societies or any other Government aided 
institutions may make application, in such form and in such manner as 
may be prescribed, to the Scrutiny Committee concerned for the verification 
of the Caste Certificate, if any doubt arises about the genuineness of the 
Caste Certificate produced by any person to get any benefit on the basis 
of such Certificate: 
Provided that the Scrutiny Committee shall also have the power 
to verify suo-motu the genuineness of a Caste Certificate issued by the 
Competent Authority: 
Provided further that the person whose Caste .  Certificate has been 
subjected to verification shall not be debarred to avail the benefit nor shall 
discontinue to avail the benefit until the Caste Certificate is cancelled by 
the Scrutiny Committee. 
(3) The Scrutiny Committee shall follow such procedure for 
verification of the Caste Certificate and adhere to the time limit for 
verification and grant of validity certificate as may be prescribed. 
Confiscation 	 7. (1) Where, before or after the commencement of this Act, it comes and 
cancellation to notice that a person not belonging to any of the reserved category has 
of false 	 obtained a false Caste Certificate to the effect that either himself or his Caste 
Certificate. children belong to such reserved category, the Scrutiny Committee may, 
suo-motu or otherwise, call for the record and enquire into the correctness 
of such Certificate and if it is of the opinion that the Certificate was obtained 
fraudulently, it shall, by an order, cancel and confiscate the Certificate by 
following such procedure as may be prescribed after giving the person 
concerned an opportunity of being heard and communicate the same to 
the concerned person and the concerned authority, if any. 
(2) The order passed by the Scrutiny Committee under this Act 
shall be final and shall not be challenged before any authority or court 
except the High Court under article 226 of the Constitution of India, 
8. Where an application is made to the Competent Authority under 
section 3 for the issue of a Caste Certificate in respect of any reserved 
category and in any enquiry conducted by the Competent Authority or 
Scrutiny Committee or the Appellate Authority under this Act or in any trial 
of offence under this Act the question arises about the genuineness of the 
claim of the applicant the burden of proving that the person belonged CO 
such Caste, Tribe or Class shall be on such applicant. 
Burden of 
proof. 
Powers of 	 9. The.Competent Authority, the Appellate Authority and the Scrutiny 
Competent Committee shall, while holding an enquiry under this Act, have all the Auo, 
Appellate 	 powers of a Civil . Court while trying a suit under the Code of Civil Procedure, 
Authority 
1908 and in particular in respect of the following matters, namely:— and Scrutiny 
Committee. • 
(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 officer; and 
(e) issuing Commissions for the examination of witnesses or 
documents, 
5 of 1908. 
Withdrawal 
of benefits 
secured on 
the basis of 
false Caste 
Certificate. 
10. (1) Whoever, not being a person belonging to any of the 
reserved category, secures admission in any educational institution against 
a seat reserved for such reserved category or secures any appointment in 
the Government, Local Authority or in any public sector undertaking or in 
any Government aided institution or Co-operative Society against a post 
reserved for such reserved. category by producing a false Caste Certificate 
shall, on cancellation of the Caste 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 by 
any other authority referred to in sub-section (1) by way of scholarship, 
grant, allowance or in terms of any other financial benefit shall be returned 
by such person immediately, failing which it shall be recovered from such 
person as an arrear of land revenue. 
(3) Notwithstanding anything contained in any law for the time 
being in force, a person shall be disqualified for being a member of a 
Local Authority, a Co-operative Society or any other statutory body if he 
has contested for, or has been elected to, the seat reserved for any of the 
reserved category by producing a Caste Certificate which is found to be 
false and is cancelled by the Scrutiny Committee and the benefits, if any, 
obtained by such person, shall be recoverable as arrear of land revenue 
and the election of such person shall be terminated retrospectively. 
Offences 
and 
penalties, 
11. (1) Whoever,— 
(a) obtains a false Caste Certificate by furnishing false 
information or by filing false statement or documents or 
by any other fraudulent means; or 
(b) not belonging to any of the reserved category secures any 
benefit or appointment exclusively available for such 
reserved category in the Government, Local Authority or 
any public sector undertaking or in any Government aided 
institution, or secures admission in any educational, 
institution against a seat exclusively reserved for such 
reserved category or is elected to any of the elective 
offices of any Local Authority or Co-operative Society 
against the office, reserved for such category by producing 
a false Caste Certificate, 
shall, on conviction, be punished with rigorous imprisonment for a term 
which shall not be less than six months but may extend to two years or 
with fine which shall not be less than two thousand rupees, but may extend 
to 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 authorised by the Scrutiny 
Committee for this purpose. 
Offences to 	 12. Notwithstanding anything contained in the Code of Criminal be 
cognizable Procedure, 1973 
and 
non-bailable, 	 • (a) offences punishable under section 11 shall be cognizable 
and non-bailable; 
2 of 1974. 
Penalty for 
issuing false 
Caste 
Certificate. 
(b) every offence punishable underthis Act, shall be tried by 
any Magistrate of First Class in- a summary way and 
provisions of sections 262 to 265 of the said Code both 
inclusive except sub-section (2) of section 262 shall, as 
far as possible, may be applied to such trial. 
-13. (1) Any person or authority performing the functions of 
Competent Authority under this Act, who intentionally issues a false Caste 
Certificate, shall, on conviction, be punished with rigorous imprisonment 
for a term which shall not be less than six months but may extend to two 
years or with fine which shall not be less than two thousand rupees, but 
may extend to twenty thousand rupees or both. 
7 
(2) No Court shall take cognizance of an offence punishable under 
this section except with the previous sanction of the Government. 
14. Whoever abets any offence punishable under this Act shall be 
punished with the punishment provided for the offence. 
15. No Civil Court shalt have jurisdiction to entertain, to continue or 
to decide any suit or proceeding or shall pass any decree or order or 
execute wholly or partially any decree or order, if the claims involved in 
such suit or proceeding, or if the passing of such decree or order or if such 
execution would, in any way, be contrary to the provisions of this Act. 
16. No suit, prosecution or other legal 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.,  Save as otherwise provided, the provisions of this Act shall be 
in addition to the provisions of any other law for the time being in force. 
Penalty for 
abatement. 
Bar of 
jurisdiction 
of Civil 
Courts. 
Protection 
for acts 
done in 
good faith: 
Provisions 
of this Act 
are in 
addition to 
any other 
laws. 
Powers to 
make rules. 	
18. The Government may, subject to the previous publication, by 
notification in the Official Gazette, make rules to carry out all or any of the . • 
Power to 
remove 
difficulties. 
19. (1) If any difficulty arises in giving effect to the provisions of 
this Act, the Government may, by order published in the Official Gazette, 
make such provisions not inconsistent with the provisions of this Act, as 
may appear to be necessary for removing the difficulty: 
Provided that no such order shall be made under this section after 
the expiry of a period of two years from the date of commencement of 
this Act. 
(2) Every order made under this section shall be laid, as soon 
as may be after it is made, before the State Legislature. 
By Order of the Governor 
fUIIHIR RANJAN PARIDA 
Principal Secretary to Government , I/c. 
purposes of this Act. 
Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 
OGP/SBP., Ex. Gaz. No. 925-1734-280 

‹ Prev All Odisha acts Next ›