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 Com petent 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. 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