Keyword(s):
De-Notified Tribes (Vimukta Jatis), Establishment, Nomadic Tribes, OtherBackward Classes, Public Services and Posts, Reservation, Scheduled Castes and Scheduled Tribes, Special Backward Category
[2001: Mah. XXIII
Maharashtra Scheduled Castes,
Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation
of Issuance and Verification of) Caste Certificate Act, 2000
GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT
Maharashtra Act No. XXIII of 2001
The Maharashtra Scheduled Castes, Scheduled
Tribes, Denotified Tribes (Vimukta Jatis),
Nomadic Tribes, Other Backward Classes and
Special Backward Category (Regulation of
Issuance and Verification of)
Caste Certificate Act, 2000.
(As modified upto the 30th October 2015)
*
PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004
2016
[ Price : Rs. 00.00 ]
H 4142—1
THE MAHARASHTRA SCHEDULED CASTES,
SCHEDULED TRIBES, DE-NOTIFIED TRIBES
(VIMUKTA JATIS), NOMADIC TRIBES, OTHER
BACKWARD CLASSES AND SPECIAL BACKWARD
CATEGORY (REGULATION OF ISSUANCE
AND VERIFICATION OF) CASTE CERTIFICATE
ACT, 2000.
CONTENTS
PREAMBLE. SECTIONS. 1. Short title and commencement.
- Definitions.
- Application for a Caste Certificate.
- Caste Certificate to be issued by Competent Authority.
- Appeal.
- Verification of Caste Certificate by Scrutiny Committee.
- Confiscation and cancellation of false Caste Certificate.
- Burden of Proof.
- Civil Court powers to Competent Authority, Appellate Authority and Scrutiny
Committee. - Benefits secured on the basis of false Caste Certificate
to be withdrawn. - Offences and penalties.
- Offences under Act to be cognizable and non-bailable.
- Penalty for issuing false Caste Certificate.
- Penalty for abatment.
- Bar of jurisdiction of Civil Courts.
- Protection for acts done in good faith.
- Provisions of this Act to be in addition to any other law time being in force.
- Power to make rules.
- Power to remove difficulties.
2001 : Mah. XXIII] ( i )
2001: Mah. XXIII] 1
Maharashtra Scheduled Castes,
Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation
of Issuance and Verification of) Caste Certificate Act, 2000
Short title
and
commence- ment.
Definitions.
1
1
For Statement of Objects and Reasons, see Maharashtra Government Gazette, Part-V-A,
Extraordinary, dated the 31st March 2000, page 178.
- This Act came in to force by Government Notification, Tribal Development Department, No.
STC-1001/C.R.-27/D-X, dated the 17th October 2001, with effect from 18th October 2001.
MAHARASHTRA ACT No. XXIII OF 20011
. [ MAHARASHTRA SCHEDULED CASTES, SCHEDULED TRIBES, DE-NOTIFIED
TRIBES, (VIMUKTA JATIS), NOMADIC TRIBES, OTHER BACKWARD CLASSES
AND SPECIAL BACKWARD CATEGORY (REGULATION OF ISSUANCE AND
VERIFICATION OF) CASTE CERTIFICATE ACT, 2000]
(This Act received the assent of the President on the 16th
May 2001; assent was first published in the Maharashtra
Government Gazette, Extraordinary, Part IV on
the 23rd May 2001)
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, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other
Backward classes and Special Backward Category and for matters connected
therewith or incidental thereto.
WHEREAS it is expedient to provide for the regulation of the
issuance and verification of the Caste Certificates to the persons belonging to the
Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes,
Other Backward Classes and Special Backward Category and for matters connected
therewith or incidental thereto ; It is hereby enacted in the Fifty-first Year of the
Republic of India as follows :—
- (1) This Act may be called the Maharashtra Scheduled Castes, Scheduled
Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes
and Special Backward Category (Regulation of Issuance and Verification of) Caste
Certificate Act, 2000.
(2) It shall come into force on such date, as the State Government may, by
notification in the Official Gazette,* appoint. - In this Act, unless the context otherwise requires,—
(a) “ Caste Certificate ” means the certificate issued by the Competent
Authority to an applicant indicating therein the Scheduled Caste, Scheduled Tribe,
De-notified Tribe (Vimukta Jatis), Nomadic Tribe, Other Backward Class or Special
Backward Category, as the case may be, to which such applicant belongs ;
(b) “Competent Authority” means a officer or authority authorised by the
Government, by notification in the Official Gazette, to issue a 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 coming into force of this Act, having jurisdiction over the area or place
to which the applicant originally belongs, unless specified otherwise ;
(c) ” De-notified Tribes (Vimukta Jatis),” means the Tribes, declared as such
by Government from time to time;
2 [2001: Mah. XXIII
Maharashtra Scheduled Castes,
Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation
of Issuance and Verification of) Caste Certificate Act, 2000
(d) ” Educational Institution” means any School, Junior College, Degree
College, College of Education, Polytechnic, Industrial Training Institute, College
of Fine Arts and Architecture, College of Music and Dance, Engineering College,
Agricultural College, Veterinary College, Medical College, Dental College, Ayurvedic
College, Homoeopathic College, Unani College, Nurses Training School, Health
Visitors Training School, Vocational Training Institution, Deemed University, Open
University and various colleges under the control of any University established by
or under an Act of the State Legislature and such other Institution, by whatever
name called, which is carrying on (either exclusively or among other activities)
the activity of imparting education as may be notified by the Government from
time to time;
(e) ” Government” means the Government of Maharashtra;
(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 Parishad, Panchayat Samiti, Industrial Township, Nagar Panchayat or Village
Panchayat, having the jurisdiction over such local area;
(g) ” Nomadic Tribes ” means tribes wandering from the place to place in
search of their livelihood as declared by Government from time to time ;
(h) ” Other Backward Classes ” means any Socially and Educationally Backward
Classes of citizens as declared by the Government and includes other Backward
Classes declared by Government of India in relation to the State of Maharashtra;
(i) ” prescribed” means prescribed by rules made by the Government under
this Act;
(j) ” Scheduled Castes ” and ” Scheduled Tribes ” shall have the meanings
respectively assigned to them in the clause (24) and clause (25) of Article 366 of
the Constitution of India;
(k) ” Scrutiny Committee ” means the Committee or committees constituted
under sub-section (1) of section 6 for the Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special
Backward Category for verification of the Caste Certificate and to perform the
function of Scrutiny Committee under this Act;
(l) ” Special Backward Category” means Socially and Educationally Backward
Classes of citizens declared as a Special Backward Category by Government. - Any person belonging to any of the Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special
Backward Category, required to produce a Caste Certificate in order to claim the
benefit of any reservation provided to such Castes, Tribes or Classes, 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.
Application
for a Caste
Certificate.
2001: Mah. XXIII] 3
Maharashtra Scheduled Castes,
Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation
of Issuance and Verification of) Caste Certificate Act, 2000 - (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
as 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 perosn, officer or authority other than the
Competent Authority shall be invalid. The Caste Certificate issued by the Competent
Authority shall be valid only subject to the verification and grant of validity certificate
by the Scrutiny Committee. - (1) Any person aggrieved by an 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 specified by the Government
by notification in the Official Gazette.
(2) 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 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. - (1) The Government shall constitute by notification in the Official Gazette,
one or more Scrutiny Committee(s) 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 Committee or
Committees.
(2) After obtaining the Caste Certificate from the Competent Authority, any person
desirous of availing of the benefits or concessions provided to the Scheduled Castes,
Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward
Classes or Special Backward Category for the purposes mentioned in section 3 may
make an application, well in time, in such form and in such manner as may be
prescribed, to the concerned Scrutiny Committee for the verification of such Caste
Certificate and issue of a validity certificate.
(3) The appointing authority of the Central or State Government, local authority,
public sector undertakings, educational institutions, Co-operative Societies or any other
Government aided institutions shall, make an application in such form and in such
manner as may be prescribed by the Scrutiny Committees for the verification of the
Caste Certificate and issue of a validity certificate, in case a person selected for an
appointment with the Government, local authority, public sector undertakings,
educational institutions, Co-operative societies or any other Government aided
institutions who has not obtain such certificate.
(4) 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 prescribed.
Caste
Certificate
to be issued
by
Competent
Authority.
Appeal.
(G.C.P.) H 4142—2 (4,742—9-2015)
Verification
of Caste
Certificate
by Scrutiny
Committee.
4 [2001: Mah. XXIII
Maharashtra Scheduled Castes,
Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation
of Issuance and Verification of) Caste Certificate Act, 2000 - (1) Where, before or after the commencement of this Act, a person not
belonging to any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta
Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category has
obtained a false Caste Certificate to the effect that either himself or his children belong
to such Castes, Tribes or Classes, 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 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. - Where an application is made to the Competent Authority under section 3 for
the issue of a Caste Certificate in respect of Scheduled Castes, Scheduled Tribes,
De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special
Backward Category and in any enquiry conducted by the Competent Authority and
Scrutiny Committee or the Appellate Authority under this Act or any trial of offence
under this Act, the burden of proving that the person belonged to such Caste, Tribe
or Class shall be on such claimant applicant. - The Competent Authority, the Appellate Authority and the Scrutiny Committee
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 and in particular 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 ;
(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. - (1) Whoever not being a person belonging to any of the Scheduled
Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other
Backward Classes or Special Backward Category secures admission in any educational
institution against a seat reserved for such Castes, Tribes or Classes, or secures any
appointment in the Government, local authority or in any other Company or Corporation,
owned or controlled by the Government or in any Government aided institution or Cooperative Society against a post reserved for such Castes, Tribes or Classes 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 any other agency by
way of scholarship, grant, allowance or other financial benefit shall be recovered from
such person as an arrears of land revenue.
Confiscation
and
cancellation of
false
Certificate.
Burden of
Proof.
Civil Court
powers to
Competent
Authority,
Appellate
Authority,
and
Scrutiny
Committee.
5 of
1908.
Benefits
secured on
the basis of
false Caste
Certificate
to be
withdrawn.
2001: Mah. XXIII] 5
Maharashtra Scheduled Castes,
Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation
of Issuance and Verification of) Caste Certificate Act, 2000
(3) Notwithstanding anything contained in any Act for the time being in force, any
Degree, Diploma or any other educational qualification acquired by such person after
securing admission in any educational institution on the basis of a Caste Certificate
which is subsequently proved to be false shall also stand cancelled, on cancellation of
such Caste Certificate, by the Scrutiny Committee.
(4) Notwithstanding anything contained in any law for the time being in force, a
person shall be disqualified for being a member of any statutory body if he has contested
the election for local authority, co-operative society or any statutory body on the seat
reserved for any of Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta
Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category by
procuring a false Caste Certificate as belonging to such Caste, Tribe or Class on such
false Caste Certificate being cancelled by the Scrutiny Committee, and any benefits
obtained by such person shall be recoverable as arrears of land revenue and
the election of such person shall be deemed to have been terminated retrospectively. - (1) Whoever,—
(a) obtains a false Caste Cetificate by furnishing false information or filing
false statement or documents or by any other fraudulent means ; or
(b) not being a person belonging to any of the Scheduled Castes, Scheduled
Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes
or Special Backward Category secures any benefits or appointments exclusively
reserved for such Castes, Tribes, or Classes in the Government, local authority
or any other company or corporation owned or controlled by the Government or
in any Government aided institution, or secures admission in any educational
institution against a seat exclusively reserved for such Castes, Tribes or Classes
or is elected to any of the elective offices of any local authority or Co-oporative
Society against the office, reserved for such Castes, Tribes or Classes 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 which may extend upto two years or
with fine which shall not be less than two thousand rupees, but which may extend
upto twenty thousand rupees or both.
(2) No court shall take congnizance 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. - 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 punishable under this Act, shall be tried by any Magistrate
of First Class in a summary way and provisions of sections 262 except sub-section
(2) to 265 both inclusive of this Code, shall as far as possible may be applied to
such trial. - (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 which may extend upto two years or with fine which shall not be less than
two thousand rupees, but which may extend upto twenty thousand rupees or both.
(2) No court shall take congnizance of an offence punishable under this section
except with the previous sanction of the Government.
H 4142—2a
Offences
and
penalties.
2 of
1974.
Offences
under Act
to be
cognizable
and nonbailable.
Penalty for
issuing
false Caste
Certificate.
6 [2001: Mah. XXIII
Maharashtra Scheduled Castes,
Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation
of Issuance and Verification of) Caste Certificate Act, 2000 - Whoever abets any offence punishable under this Act shall be punished with
punishment provided for in this Act for such offence. - 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 excute wholly or partially
any decree or order, if the claim 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. - 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. - The provisions of this Act Shall be in addition to the provisions of any other
law for the time being in force. - (1) The Goverment may, subject to the previous publication, by notification
in the Official Gazette, make rules to carry out all or any of the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be, after it is
made, before each House of the State Legislature, while it is in session for a total
period of thirty days, which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session in which it is so laid or the
session immediately following, both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be made, and notify their decision
to that effect in the Official Gazette, the rule shall, from the date of publication of such
decision in the Official Gazette, have effect only in such modified form or be of no effect,
as the case may be; so however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done or omitted to be done
under that rule. - (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 each House of State Legislature.
Penalty for
abatment.
Bar of
jurisdiction
of Civil
Courts.
Protection
for acts
done in
good faith.
Provisions
of this Act
to be in
addition to
any other
law time
being in
force.
Power to
remove difficulties.
Power to
make rules.
PRINTED AT THE GOVERNMENT CENTRAL PRESS, MUMBAI
2001: Mah. XXIII]
Maharashtra Scheduled Castes,
Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation
of Issuance and Verification of) Caste Certificate Act, 2000
Maharashtra Government Publication
can be obtained from—
THE DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 – 23632693, 23630695,
23631148, 23634049
THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 020 – 26125808, 26124759
THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 0712 – 2562615
THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 – 2331468, 2331525
THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402
AND THE RECOGNISED BOOKSELLERS
