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. BE it enactedbytheLegislatureof theStateof Odishain the 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. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 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, to which such applicant belongs; (d) "Competent Authority" meansanOfficer 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 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 a Government Company as defined in section 617 of the vompanies Act, 1956 or any Corporation established by or under any Central or State Act; (1)"reserved category" meanscategory of persons either belonging 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 Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark (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 in order 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 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 an order of rejection of application passedby theCompetent Authority undersub-section (1) of section 4 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, after giving the appellantan opportunity of being heard andafter satisfying itself about the genuineness 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. 6. (1) The Government shall constitute by notification in the Official 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. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 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 maybe prescribed,to the ScrutinyCommitteeconcernedfor the verification of the CasteCertificate, if any doubtarisesaboutthe genuinenessof the Caste Certificate produced by any person to get any benefit on the basis of such Certificate: Providedthat the ScrutinyCommitteeshallalsohavethe power to verifysuo-motuthe genuinenessof a CasteCertificateissuedbythe Competent Authority: Providedfurther that the perqonwhoseCaste Certificate has been subjected to verification shall notbe debarred to avail the benefit nor shall discontinueto availthebenefituntilthe CasteCertificateis cancelledby the Scrutiny Committee. (3) The Scrutiny Committee shall follow such procedure for verification of the Caste Certificate and adhere to the time limit for verificationandgrantof validitycertificateasmaybeprescribed. Confiscation 7. (1)Where,beforeor afterthecommencementof thisAct, it comes and to noticethatapersonnotbelongingto anyof thereservedcategoryhascancellation of false obtained a false Caste Certificate to the effect that either himself or his childrenbelongto suchreservedcategory,theScrutinyCommitteemay,Certificate. suo-motuor otherwise, call for the record and enquire into the correctness of suchCertificate and if it is of the opinionthat the Certificatewas obtained fraudulently,it shall,byanorder,cancelandconfiscatetheCertificateby followingsuch procedureas maybe prescribedaftergivingthe person concerned an opportunity of being heard and communicate the same to the concernedpersonandthe concernedauthority, if any. (2) The order passed by the Scrutiny Committee under this Act shall be final andshall not be challengedbeforeanyauthorityor court except the High Court under article 226 of the Constitution of India, 8.WhereanapplicationismadetotheCompetentAuthorityunderBurden of proof. section3 for the issueof a CasteCertificatein respectof any reserved categoryandinanyenquiryconductedbytheCompetentAuthorityor ScrutinyCommitteeortheAppellateAuthorityunderthisActor inanytrial ofoffenceunderthisActthequestionarisesaboutthegenuinenessof the claimof theapplicantthe burdenof provingthatthe personbelongedtö suchCaste,Tribeor ClassShanbe on suchapplicant. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 5 9.The.CompetentAuthority,theAppellateAuthorityandtheScrutinyPowers of Competent Committeeshall,whileholdingan enquiryunderthisAct, haveall theAuthority, Appellate powersofaCivilCourtwhiletryingasuitundertheCodeofCivilProcedure, Authority 1908andinparticularin respectof thefollowingmatters,namely:—and Scrutiny 5 of 1908. Committee. (a) summoningandenforcingthe attendanceof any personand examining him on oath; (b) requiringthediscoveryandproductionof anydocument; (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 any of the of benefits reservedcategorylsecuresadmissioninanyeducationalinstitutionagainstsecured on the basis of aseatreservedforsuchreservedcategoryorsecuresanyappointmentin false Caste theGovernment, LocalAuthorityorinanypublicsectorundertakingorinCertificate. anyGovernmentaidedinstitutionorCo-operativeSocietyagainstapost reservedforsuchreservedcategorybyproducinga falseCasteCertificate shall,oncancellationof theCasteCertificatebytheScrutinyCommittee, beliabletobedebarredfromtheconcernededucationalinstitution,oras thecasemaybe,dischargedfromthesaidemploymentforthwithandany other benefits enjoyed or derived by virtue o.fsuch admission or appointmentby suchpersonas aforesaidshallbe withdrawnforthwith. (2)AnyamountpaidtosuchpersonbytheGovernmentorby anyotherauthorityreferredto insub-section(1)bywayofscholarship, grant,allowanceor intermsofanyotherfinancialbenefitshallbereturned by suchpersonimmediately,failingwhich it shallbe recoveredfromsuch person as an arrear of land revenue. (3)Notwithstandinganythingcontainedin anylawfor thetime beingin force,a personshallbedisqualifiedfor beinga memberof a LocalAuthority,aCo-operativeSocietyoranyotherstatutorybodyif he hascontestedfor,orhasbeenelectedto,theseatreservedforanyofthe reservedcategory by producinga CasteCertificatewhich is found to be falseandiscancelledbytheScrutinyCommitteeandthebenefits,ifany, obtainedbysuchperson,shallberecoverableas arrearof land.revenue andtheelectionofsuchpersonshallbeterminatedretrospectively. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 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 to any of the reserved category secures any benefit- or appointment exclusively available for such reserved category in the Government, Locat Authority or any pubEicsector undertaking or in any Government aided institutiont or secures admission in any educational institution against a seat exclusively reserved for such reserved category or is eEectéd 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 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 11 shall be cognizable 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 far as possible,maybe appliedto suchtrial. 13. (1) Any person or authority performing the functions of 2 of 1974. issuing false CompetentAuthority under this Act, who intentionally issues a false Caste Caste 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. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 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)NoCourt shall takecognizanceof anoffencepunishableunder 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 shall 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.Nosuit,prosecutionorotherlegalproceedingsshalltieagainst 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 additionto theprovisionsof anyotherlawfor the timebeingin force. 18.TheGovernmentmay,subjectto thepreviouspublication,by notificationintheOfficialGazette,makerulesto carryoutall oranyof the purposes of this Act. 19. (1) If any difficulty arises in giving effect to the provisionsof thisActi theGovernmentmay,byorderpublishedin theOfficialGazette, makesuchprovisionsnot inconsistentwiththeprovisionsof thisAct, as may appear to be necessary for removing the difficulty: Provided that no such order shall bemade under this section after the expiry of a period of two years from the date of commenoementof this Act. (2) Everyorder madeunderthis section shall be laid, as soon as may be after it is made, before the State Legislature. By Order of the Governor MIHIR RANJAN PARIDA Principal Secretary to Government , I/c. PrintedandpublishedbytheDirector,Printing,StationeryandPublication,Odisha,Cuttack-10 OGP/SBP., Ex. Gaz. No. 925—173+280 Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark