The Telangana (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993.

THE TELANGANA (SCHEDULED CASTES, SCHEDULED TRIBES 
AND BACKWARD CLASSES) REGULATION OF ISSUE OF 
COMMUNITY CERTIFICATES ACT, 1993. 
(ACT NO. 16 OF 1993) 
ARRANGEMENT OF SECTIONS 
Sections 
1. Short title, extent and commencement. 
2. Definitions. 
3. Application of a community certificate. 
4. Community certificate to be issued by competent 
authority. 
5. Cancellation of false community certificate. 
6. Burden of Proof. 
7. Appeal and review. 
8. Power of revision by Government. 
9. Competent authority to exercise the powers of the Civil 
Court. 
10. Penalties. 
11. Benefits secured on the basis of false community 
certificate to be withdrawn. 
12. Penalty for securing an appointment of election to 
political offices etc, on the basis of false community 
certificates. 
13. Penalty for issuing a false community certificate. 
14. Penalty for abetters. 
15. Offences to be tried summarily. 
16. Offences under the Act to be cognizable. 
17. Bar of Jurisdiction of Civil Court. 
2  [Act No. 16 of 1993] 
18. Protection of acts done in good faith. 
19. Act to override other laws. 
20. Power to make rules. 
21. Transitional Provision. 
 
THE TELANGANA (SCHEDULED CASTES, SCHEDULED 
TRIBES AND BACKWARD CLASSES) REGULATION OF 
ISSUE OF COMMUNITY CERTIFICATES ACT, 1993.1 
 
ACT No.16 OF 1993. 
 
1. (1) This Act may be called the 2Telangana (Scheduled 
Castes, Scheduled Tribes and Backward Classes) 
Regulation of issue of Community Certificates Act, 1993. 
 
 (2) It extends to the whole of the State of 2Telangana. 
 
 (3) It shall come into force on such date as the 
Government may, by notification, appoint. 
 
2. In this Act, unless the context otherwise requires,- 
 
 (a) ‘backward classes’  means any socially and 
educationally backward classes of citizens recognised  by 
the Government for purposes of Clause (4) of Article 15 of 
the Constitution of India; 
 
 (b) ‘community certificate’ means, the certificate issued 
by the competent authority indicating therein the Scheduled 
Caste, the Scheduled Tribe or the Backward Cla ss, as the 
case may be, to which the person belongs; 
 
                                                           
1. The Andhra Pradesh ( Scheduled Castes, Scheduled Tribes and 
Backward Classes) Regulation of issue of Community Certificates  Act, 
1993 received the assent of the President on the 4th September, 1993. 
The said Act in force in the combined State, as on 02.06.2014, has be en 
adapted to the State of Telangana, under section 101 of the Andhra 
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. 
G.O.Ms.No.5, Scheduled Castes Develop ment (POA.A2) Department, 
dated 08.08.2014. 
2. Substituted by G.O.Ms.No. 5, Scheduled Castes Development 
(POA.A2) Department, dated 08.08.2014. 
Short title, extent 
and 
commencement. 
Definitions. 
2  [Act No.16 of 1993] 
 (c) ‘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 
area or for such purp oses as may b e specified in the 
notification; 
 
 (d) ‘educational institutions’  means, any school, junior 
college, degree college, college of education, polytechnic 
college, industrial training institute, college of Fine Arts and 
Architecture, College of Mu sic and Dance, Engineering 
College, Medical College, Ayurvedic College, Homeopathic 
College, Unani College, Dental College, College of Nursing, 
Nurses Training School, Health Visitors Training School, 
Colleges under the control of the Andhra Pradesh 
Agricultural University and various colleges under the 
control of any University, established by an Act of the State 
Legislature and such other institutions imparting education 
as may be notified from time to time; 
 
 (e) ‘Government’ means the State Government o f 
3Telangana; 
 
 (f) ‘local authority’  means, in relation to local areas 
comprised within the jurisdiction of a Municipal Corporation, 
the concerned Municipal Corporation and in relation to any 
other local area in the State, the concerned Municipal 
Council, Zilla Praja Parishads, Mandal Praja Parishads, 
Gram Panchayat or township having jurisdiction over such 
local area; 
 
 (g) ‘notification’ means, a notification published in the 
3Telangana Gazette and the word ‘notified’ shall be 
construed accordingly; 
                                                           
3. Substituted by G.O.Ms.No.5, Scheduled Castes Development 
(POA.A2) Department, dated 08.08.2014. 
[Act No.16 of 1993]  3 
 (h) ‘prescribed’ means, prescribed by rules made by 
the Government under this Act; 
 
 (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. 
 
3. (1) Any person belonging to any of the Scheduled 
Castes, Scheduled Tribes or Backward Classes may in 
order to claim the benefit of any reservation provided to 
such Castes, Tribes or Classes 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 t he purpose of contesting for elective post in any local 
authority or for elective posts in the Co -operative 
Institutions, make an application 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 Fifth Schedule to the Constitution 
of India or unde r 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 pur poses of this section and 
section 13, ‘Scheduled Areas’ means the areas as defined in 
paragraph 6 to the Fifth Schedule to the Constitution. 
 
 
Application of a 
community 
certificate. 
4  [Act No.16 of 1993] 
4. (1) The Competent a uthority may, on an application 
made to it under section 3, 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. A 
certificate in regard to community issued by any person, 
officer or authority other than the competent authority shall 
be invalid. 
 
 (2) Before the issue or rejection of a certificate under 
sub-section (1), the competent author ity shall follow such 
procedure as may be prescribed. 
 
5. (1) Where, before  or after the commencement of this 
Act a person not belonging to any of the Scheduled Castes, 
Scheduled Tribes or Backward Classes has obtained a false 
community certificate to the effect that either himself or his 
children belongs to such Castes, Tribes o r Classes, the 
District Collector may either suo -motu or on a written 
complaint by any person, call for the record and enquire into 
the correctness of such certificate and if he is of the opinion 
that the certificate was obtained fraudulently, he shall, by  
notification, cancel the certificate after giving the person 
concerned an opportunity of making a representation: 
 
 Provided that where an enquiry into the genuineness of 
a community certificate issued prior to the commencement 
of this Act has commenced a nd is pending at such 
commencement, the record thereof shall be transferred by 
the concerned authority to the District Collector and he shall 
continue the enquiry and conclude the same under this sub-
section. 
 
 (2) The powers of the nature referred to in s ub-section 
(1) may also be exercised by the Government. 
 
Community 
Certificate to be 
issued by 
competent 
authority. 
Cancellation of 
false community 
certificate. 
[Act No.16 of 1993]  5 
6. Where an application is made to the competent 
authority under section 3 for the issue of a community 
certificate in respect of Scheduled Castes, Scheduled Tribes 
or Backward Classes or in any enquiry conducted by the 
competent authority or the authority empowered to cancel 
the community certificate or the appellate authority under 
this Act or in any trial or offence under this Act, the burden 
of proving that  he belongs to such  Caste, Tribe  or Class 
shall be on the claimant. 
 
7. (1) Any person aggrieved by an order passed under 
sub-section (1) of section 4 by the competent authority 
rejecting an application made to it under section 3 may 
within thirty days from the date of receipt of such order, 
appeal to the District Collector and the District Collector may 
after giving the appellant an opportunity of being heard 
either confirm the order appealed against or set aside the 
said order and direct, the competent  authority to issue a 
community certificate. 
 
 (2) Any person aggrieved by an order passed under 
section 5, by the District Collector may, within thirty days 
from the date of publication of such order in the 4Telangana 
Gazette, appeal to the Government and  the Government 
may, after giving the appellant an opportunity of being heard 
and subject to such rules as may be prescribed, confirm or 
set aside the order appealed against. 
 
 (3) The Government may, on an application received 
from any person aggrieved by  an order passed by the 
Government under sub -section (2) of section 5, within thirty 
days of the publication of that order in the 4Telangana 
Gazette, review any such order if it was passed by them 
                                                           
4. Substituted by G.O.Ms.No.5, Scheduled Castes Development 
(POA.A2) Department, dated 08.08.2014. 
Burden of Proof. 
Appeal and 
review. 
6  [Act No.16 of 1993] 
under any mistake, whether of fact or law or in ignorance o f 
any material fact. 
 
 (4) Pending disposal of an appeal under sub -section 
(2) or review under sub-section (3), it shall be competent for 
the Government to stay the operation of the order against 
which an appeal or review, as the case may be, is filed. 
 
8. (1) The Government may, at any time, either suo -motu 
or on an 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 sub-ordinate to them for the purpose of satisfying 
themselves as to the lega lity, regularity or propriety 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, 
they may pass orders 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. 
 
 (2) 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. 
 
9. The competent authority 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 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; 
Power of revision 
by Government. 
Competent 
authority to 
exercise the 
powers of the Civil 
Court. 
Central Act V of 1908. 
[Act No.16 of 1993]  7 
 (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. Whoever obtains a community certificate by,- 
 
 (a) furnishing false information; or 
 
 (b) filing a false statement; or 
 
 (c) any other fraudulent means; 
 
 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 an d 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 mentioned in the Judgment, impose a 
sentence of imprisonment for a lesser term or fine. 
 
11. (1) Whoever not being a person belonging to any of 
the Scheduled Castes, Scheduled Tribes or Backward 
classes secures admission in any educational institution 
against a seat reserved for such Castes, Tribes or Classes 
or secures any appointment in the Governmen t, local 
authority or in any other company or corporation owned or 
controlled by the Government or in any aided institution 
against a post reserved for such Castes, Tribes or Classes 
or enjoys any other benefit intended exclusively for such 
Castes, Tribes or Classes, by producing a false community 
certificate shall, on cancellation of the false community 
Penalties. 
Benefits secured 
on the basis of 
false community 
certificate to be 
withdrawn. 
8  [Act No.16 of 1993] 
certificate, be liable to be debarred from the concerned 
educational institution or as the case may be discharged 
from the said service forthwith and any other benefit enjoyed 
by him 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 
as an arrear of land revenue. 
 
 (3) 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 shall also stand cancelled on 
cancellation of the community certificate obtained by him. 
 
 (4) Whoever not being a person belonging to any of 
the Scheduled Castes, Scheduled Tribes or Backward 
Classes secures any benefit reserved for Scheduled Castes, 
Scheduled Tribes or Backward Classes other than those 
mentioned in section 12 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 mentioned in the Judgment, impose a 
sentence of imprisonment for a lesser term or fine. 
 
12. (1) Whoever not being a person belonging to any of 
the Scheduled Castes, Scheduled Tribes or Backward 
Classes secures an appointment in Government or other 
institutions referred to in section 11 against the posts 
reserved for the Scheduled Castes, Scheduled Tr ibes or 
Backward Classes or is elected to any of the elective offices 
Penalty for 
securing an 
appointment of 
election to 
political offices 
etc, on the basis 
of false 
community 
certificates. 
[Act No.16 of 1993]  9 
of any local authority or co -operative society against the 
offices reserved for su ch Castes, Tribes or Classes 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 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 mentioned in the Judgment, impose a 
sentence of imprisonment for a lesser term or fine. 
 
 (2) Whoever not being a person belonging to a 
Scheduled Tribe secures any benefit or protection intended 
for a member of a Scheduled Tribe under a notification, 
direction or regulation made under the Fifth Schedule to the 
Constitution of India or under any other law in fo rce in the 
Scheduled Areas 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 shall not be less than one thousand rupees but which 
may extend upto five thousand rupees. 
 
13. (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 
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 up to five thousand 
rupees: 
 
 Provided that the Court may, for adequate and special 
reasons to be mentioned in the Judgment, impose a 
sentence of imprisonment for a lesser term or fine.  
Penalty for issuing 
a false community 
certificate. 
10  [Act No.16 of 1993] 
 (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 in this 
Act for such offence. 
 
15. Notwithstanding anything contained in the Code of 
Criminal Procedure, 1973 any offence punishable under 
sections 10, 11 and 12 of this Act may be tried summarily by 
a Magistrate of the First Class. 
 
16. Notwithstanding anything contained in the Code of 
Criminal Procedure, 1973 all offences under this Act shall be 
cognizable and non-bailable. 
 
17. No Civil Court shall have jurisdiction in respect of any 
order passed by any officer or authority under this Act and 
no stay or in junction shall be granted by a C ourt 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. 
 
18. No suit, prosecution or other legal proceedings shall lie 
against any person for anything which is in good faith done 
or intended to be done in pursuance of this Act or the rules 
made thereunder. 
 
19. The provisions of this A ct shall have effect, 
notwithstanding anything inconsistent therewith contained in 
any other law for the time-being in force. 
 
20. (1) The Government may, by notification, make rules 
for carrying out all or any of the purposes of this Act. 
 
Penalty for 
abetters. 
Offences to be 
tried summarily. 
Central Act II of 1974. 
Offences under 
the Act to be 
cognizable. 
Central Act II of 1974. 
Bar of Jurisdiction 
of Civil Court. 
Act to override 
other laws. 
Power to make 
rules. 
Protection of acts 
done in good 
faith. 
[Act No.16 of 1993]  11 
 (2) Every rule made under this Act shall immediately 
after it is made be laid before the Legislature of the State, if it 
is in session and if it is not in session, in the session 
immediately following for a total period of fourteen days 
which m ay be comprised in one session or in two 
successive sessions, and if, before the expiration of the 
session in which it is so laid or the session immediately 
following, the Legislature agrees in making any modification 
in the rule or in the annulment of the rule, the rule shall, from 
the date on which the modification or annulment is notified, 
have effect only in such modified form or shall stand 
annulled, as the case may be so however, that any such 
modification or annulment shall be without prejudice to th e 
validity of anything previously done under that rule. 
 
21. 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 canceled under the provision of this Act, be valid and shall 
be deemed to have been issued under the provisions of this 
Act. 
 
* * * 
Transitional 
Provision. 

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