The ODISHA SCHEDULED CASTES, SCHEDULED TRIBES AND BACKWARD CLASSES (REGULATION OF ISSUANCE AND VERIFICATION OF CASTE CERTIFICATES) ACT, , 2011.

The Odisha : Z e
No.
4
EXTRAORDINARY
PUBLISHED BY AUTHORITY
1557, CUTTACK, WEDNESDAY, OCTOBER 15 , 2014/ ASWINA 23 , 1936
LAW DEPARTMENT
NOTfFlCATlON
The 15th October, 2014
No.9733—l-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.
BEitenactedbytheLegislatureoftheStateofOdishainthe
Sixty-third Year of the Republic of India, as follows:—
Short title
and
I. (1) This Act may be called the Odisha Scheduled Castes,
commence.Scheduled Tribes and Backward Classes (Regulation of Issuance and
ment.
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.
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Definitions.
2
2. In this Act, unless the context otherwise requires,—
(a) "Appellate Authority" means the Authority as mentioned in
section 5;
(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, towhich such applicant belongs;
(d)"CompetentAuthority"meansanOfficerorauthorityauthorised
by the Government, by notification, to issue Caste Certificate,
for such area or for such purposes as may be specified inthe
said notification and shall include ali 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 ;
(f) "Local Authority" means Grama Panchayats, Panchayat
Samitis, Zilla Parishad.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 aGovernment Company as
defined in section 617 of the vompanies Act, 1956 or any
Corporation established byor under anyCentral or State Act;
(1)"reservedcategory"meanscategoryofpersonseitherbelonging
to Scheduled Caste, Scheduled Tribe or Backward Class;
(J) "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
Odisha
Act 6 of
2009.
1 of 1956
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(k)
3
"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.
Application
for a Caste
Certificate.
Issue of
Caste
Certificate
by
Competent
Authority.
Appeal.
Scrutiny
Committee.
3. Any person belonging to any of the reserved category, required
to produce a Caste Certificate inorder to claim the benefit of any reservation
provided to such reserved category either in any 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 cläim
and following the procedurea prescribed, issue aCaste Certificate within
such time limit and in such form as may be prescribed or reject the
application for reasons to be recorded inwriting.
(2) ACaste 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) Anypersonaggrievedbyanorderofrejectionofapplication
passedbytheCompetentAuthorityundersub-section(1)ofsection4 may,
within 30 days from the date of receipt of order, appeal to the Appellate
Authority.
(3) The Appellate Authority may, within a period of three months,
aftergivingtheappellantanopportunityofbeingheardandafter satisfying
itself about the genuineness or otherwise of the claim of the appellant,
either confirm the rejectionorderorset asidethe orderofthe Competent
Authority and direct the Competent Authority toissue theCaste Certificate.
6.(1) The Government shall constitute bynotification inthe Official
Gazette, one or more Scrutiny Committees for verification of Caste
Certificates issued bytheCompetentAuthorities undersub-section (1)of
section 4 specifying in the said notification the functions and the area of
jurisdiction of each of such Scrutiny Committees.
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4
(2) The appointing authority of the Government, Central
Government,LocalAuthority,publicsectorundertakings,educational
institutions, Co-operative Societies or any other Government aided
institutions may make application, in such form and in such manner as
maybeprescribed,totheScrutinyCommitteeconcernedfortheverification
oftheCasteCertificate,ifanydoubtarisesaboutthegenuinenessofthe
CasteCertificate producedbyanypersonto getanybenefit onthe basis
of such Certificate:
ProvidedthattheScrutinyCommitteeshallalsohavethepower
toverifysuo-motuthegenuinenessofaCasteCertificateissuedbythe
Competent Authority:
ProvidedfurtherthattheperqonwhoseCasteCertificatehasbeen
subjectedtoverification shallnotbe debarredtoavailthe benefitnorshall
discontinuetoavailthebenefituntiltheCasteCertificateiscancelledby
the Scrutiny Committee.
(3) The ScrutinyCommitteeshallfollow such procedurefor
verification of the Caste Certificate and adhere to the time limit for
verificationandgrantofvaliditycertificateasmaybeprescribed.
Confiscation 7.(1)Where,beforeorafterthecommencementofthisAct,itcomesand
tonoticethatapersonnotbelongingtoanyofthereservedcategoryhascancellation
of false obtained a false Caste Certificate to the effect that either himself or his
childrenbelongtosuchreservedcategory,theScrutinyCommitteemay,Certificate.
suo-motuorotherwise,callfortherecordandenquireintothe correctness
ofsuchCertificateandifitisoftheopinionthattheCertificatewasobtained
fraudulently,itshall,byanorder,cancelandconfiscatetheCertificateby
followingsuchprocedureasmaybeprescribedaftergivingtheperson
concerned an opportunity of being heard and communicate the same to
theconcernedpersonandtheconcernedauthority,ifany.
(2)Theorder passedbytheScrutiny Committee underthis Act
shallbefinalandshallnotbechallengedbeforeanyauthorityorcourt
exceptthe High Court underarticle226 ofthe Constitution of India,
8.WhereanapplicationismadetotheCompetentAuthorityunderBurden of
proof.
section3fortheissueof aCasteCertificateinrespectofanyreserved
categoryandinanyenquiryconductedbytheCompetentAuthorityor
ScrutinyCommitteeortheAppellateAuthorityunderthisActorinanytrial
ofoffenceunderthisActthequestionarisesaboutthegenuinenessofthe
claimoftheapplicanttheburdenofprovingthatthepersonbelongedtö
suchCaste,TribeorClassShanbeonsuchapplicant.
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5
9.The.CompetentAuthority,theAppellateAuthorityandtheScrutinyPowers of
Competent
Committeeshall,whileholdinganenquiryunderthisAct,havealltheAuthority,
Appellate powersofaCivilCourtwhiletryingasuitundertheCodeofCivilProcedure,Authority
1908andinparticularinrespectofthefollowingmatters,namely:—and Scrutiny 5 of 1908.
Committee.
(a)summoningandenforcingtheattendanceofanypersonand
examining him on oath;
(b)requiringthediscoveryandproductionofanydocument;
(c) receiving evidence on affidavits;
(d)requisitioninganypublicrecordorcopythereoffromanyCourt
or officer; and
(e) issuing Commissions for the examination of witnesses or
documents,
Withdrawal 10. (1) Whoever,not beinga personbelongingto anyof theof benefits
reservedcategorylsecuresadmissioninanyeducationalinstitutionagainstsecured on
the basis ofaseatreservedforsuchreservedcategoryorsecuresanyappointmentinfalse Caste
theGovernment, LocalAuthorityorinanypublicsectorundertakingorinCertificate.
anyGovernmentaidedinstitutionorCo-operativeSocietyagainstapost
reservedforsuchreservedcategorybyproducingafalseCasteCertificate
shall,oncancellationoftheCasteCertificatebytheScrutinyCommittee,
beliabletobedebarredfromtheconcernededucationalinstitution,oras
thecasemaybe,dischargedfromthesaidemploymentforthwithandany
other benefits enjoyedor derivedby virtue o.fsuch admission or
appointmentbysuchpersonasaforesaidshallbewithdrawnforthwith.
(2)AnyamountpaidtosuchpersonbytheGovernmentorby
anyotherauthorityreferredtoinsub-section(1)bywayofscholarship,
grant,allowanceorintermsofanyotherfinancialbenefitshallbereturned
bysuchpersonimmediately,failingwhichitshallberecoveredfromsuch
person as an arrear of land revenue.
(3)Notwithstandinganythingcontainedinanylawforthetime
beinginforce,apersonshallbedisqualifiedforbeingamemberofa
LocalAuthority,aCo-operativeSocietyoranyotherstatutorybodyifhe
hascontestedfor,orhasbeenelectedto,theseatreservedforanyofthe
reservedcategorybyproducinga CasteCertificatewhichisfoundtobe
falseandiscancelledbytheScrutinyCommitteeandthebenefits,ifany,
obtainedbysuchperson,shallberecoverableasarrearofland.revenue
andtheelectionofsuchpersonshallbeterminatedretrospectively.
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Offences
and
penalties.
Offences to
be
cognizable
and
non-bailable.
Penalty for
6
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 toany ofthe reserved category secures any
benefit- or appointment exclusively available for such
reserved category inthe Government, Locat Authority or
any pubEicsector undertaking or inany Government aided
institutiont or secures admission in any educational
institution against a seat exclusively reserved for such
reserved category or is eEectédto any of the elective
offices of any Local Authority or Co-operative Society
against the office, reservedfor such category byproducing
a false Caste Certificate,
shall, on conviction, be punishedwith 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 acomplaint in writing made by the Scrutiny
Committee or by any other Officér duly authorised by the Scrutiny
Committee for this purpose.
12. Notwithstanding anything contained in the Code of Criminal
Procedure, 1973=
(a) offences punishable under section 11shall becognizable
and non-bailable;
(b) every offence punishabte under this 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
faraspossible,maybeappliedtosuchtrial.
13. (1) Any person or authority performing the functions of
2 of 1974.
issuing false CompetentAuthority underthisAct,whointentionallyissuesafalseCasteCaste
Certificate. 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 shali not be less than two thousand rupees, but
may extend to twenty thousand rupees or both.
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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.
Power to
remove
difficulties.
7
(2)NoCourtshalltakecognizanceofanoffencepunishableunder
this section except with the previous sanction of the Government.
14.Whoeverabets anyoffence punishableunderthis Actshall be
punished with the punishment provided for the offence.
15. NoCivil Court shall havejurisdiction to entertain, tocontinue 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
suchsuitorproceeding,orifthepassingofsuchdecreeororderorifsuch
execution would, inanyway, becontrarytothe provisions ofthis Act.
16.Nosuit,prosecutionorotherlegalproceedingsshalltieagainst
any person for anything which isdone ingood faith or intended to be done
in pursuance of this Act or the rules made thereunder.
17.'Saveasotherwise provided,the provisionsofthisAct shallbe
inadditiontotheprovisionsofanyotherlawforthetimebeinginforce.
18.TheGovernmentmay,subjecttothepreviouspublication,by
notificationintheOfficialGazette,makerulestocarryoutalloranyofthe
purposes of this Act.
19.(1) If anydifficultyarisesingivingeffectto theprovisionsof
thisActitheGovernmentmay,byorderpublishedintheOfficialGazette,
makesuchprovisionsnotinconsistentwiththeprovisionsofthisAct,as
mayappearto benecessaryfor removingthe difficulty:
Providedthat nosuchorder shallbemade underthissection after
theexpiryofa periodoftwo yearsfromthedateofcommenoementof
this Act.
(2)Everyordermadeunderthissectionshallbelaid,assoon
asmaybeafter itis made,before theState Legislature.
By Order of the Governor
MIHIR RANJAN PARIDA
PrincipalSecretary toGovernment ,I/c.
PrintedandpublishedbytheDirector,Printing,StationeryandPublication,Odisha,Cuttack-10
OGP/SBP.,Ex.Gaz.No.925—173+280
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