S.1 Short title, extent and commencement

       (1) This Act may be called the Andhra Pradesh (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 Andhra Pradesh.
       (3) It shall come into force on such date * as the Government may, by notification, appoint.

S.2 Definitions

       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 Class, as the case may be, to which the person belongs;
       (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 purposes as may be specified in the notification;
       (d) "educational institutions" means any school, Juni

S.3 Application of a community certificate

       (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 stu dents 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 the 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

S.4 Community Certificate to be issued by competent authority

       (1) The Competent Authority 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 authority shall follow such procedure as may be prescribed.

S.5 Cancellation of false community certificate

       (1) Where, before or after 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 childern belongs to such Castes, Tribes or 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 and is pending at such commencement, the record thereof shall be transferred by the concerned authority to the District Collector and he shall continue the enqui

Legal Commentary on Section 5 of the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes Regulation of Issue of Community Certificates Act, 1993

Introduction

The Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes Regulation of Issue of Community Certificates Act, 1993, aims to regulate the issuance of community certificates to individuals belonging to Scheduled Castes, Scheduled Tribes, and Backward Classes. Section 5 specifically addresses the cancellation of community certificates that have been fraudulently obtained or issued.

What does Section 5 Say

Section 5 provides the authority for the District Collector to cancel community certificates if it is found that the individual does not belong to the Scheduled Castes or Scheduled Tribes as claimed. This section outlines the procedure for cancellation and the rights of individuals affected by such actions.

Essential Ingredients

• Authority: The District Collector is empowered to cancel community certificates.
• Grounds for Cancellation: The cancellation can occur if it is determined that the individual does not belong to the claimed community.
• Procedure: The section mandates a proper procedure to be followed before cancellation.

Scope of Section

The scope of Section 5 extends to all community certificates issued under the Act. It applies to both pre-existing and newly issued certificates, ensuring that fraudulent claims can be rectified regardless of when the certificate was issued.

Punishment for Section

While Section 5 itself does not prescribe specific punishments, it sets the groundwork for further legal action against individuals who fraudulently obtain community certificates. The Act may lead to criminal proceedings under relevant laws if fraud is established.

Legal Comments

• Authority - The District Collector has the authority to cancel community certificates based on findings of non-belonging to the claimed community. - [ "A. Rukmini, W/o. T. N. Govindarajan VS Government of Andhra Pradesh"]

• Natural Justice - The cancellation process must adhere to principles of natural justice, ensuring that individuals are given a fair opportunity to present their case. - [ "K. Brahmaiah VS State of Andhra Pradesh"]

• Burden of Proof - The burden of proof lies with the individual claiming to belong to a Scheduled Caste or Tribe, especially in cases of dispute. - [ "Dokku Phaneendra Prasad VS State of Andhra Pradesh"]

• Judicial Review - Courts have limited jurisdiction to review the decisions made under Section 5, focusing on procedural correctness rather than factual disputes. - [ "M. Satyanarayana Raju, S/o. Late M. Appala Raju VS G. Srinivasa Reddy, S/o. Late Godla Satyanarayana Reddy"]

• Statutory Procedure - Any cancellation must follow the statutory procedures outlined in the Act and associated rules; failure to do so can render the cancellation invalid. - [ "K. Brahmaiah VS State of Andhra Pradesh"]

• Appeal Rights - Individuals aggrieved by the cancellation of their community certificates have the right to appeal against the District Collector's decision within a specified timeframe. -

• Impact of Fraud - The Act aims to prevent fraudulent claims to community status, which can undermine the benefits intended for genuine members of Scheduled Castes and Tribes. - [ "Dokku Phaneendra Prasad VS State of Andhra Pradesh"]

• Writ Jurisdiction - The High Court's jurisdiction under Article 226 is limited in matters concerning community certificates, emphasizing the need for adherence to the statutory process. - [ "Kurapati Maria Das VS Ambedkar Seva Samajan"]

• Community Verification - The Act allows for the establishment of scrutiny committees to verify claims of community status before certificates are issued or canceled. - [ "M. Satyanarayana Raju, S/o. Late M. Appala Raju VS G. Srinivasa Reddy, S/o. Late Godla Satyanarayana Reddy"]

• Legal Recourse - Individuals whose certificates are canceled must be provided with adequate legal recourse to challenge such decisions effectively. - [ "K. Brahmaiah VS State of Andhra Pradesh"]

• Administrative Discretion - The discretion exercised by the District Collector in canceling certificates must be based on clear evidence and not arbitrary judgments. - [ "A. Rukmini, W/o. T. N. Govindarajan VS Government of Andhra Pradesh"]

• Constitutional Safeguards - The Act aligns with constitutional provisions aimed at protecting the rights of Scheduled Castes and Scheduled Tribes, ensuring that any action taken is justifiable under law. - [ "Dokku Phaneendra Prasad VS State of Andhra Pradesh"]

• Public Interest - The regulation of community certificates serves a public interest by ensuring that benefits meant for marginalized communities are not misappropriated. - [ "M. Satyanarayana Raju, S/o. Late M. Appala Raju VS G. Srinivasa Reddy, S/o. Late Godla Satyanarayana Reddy"]

• Caste Verification Process - The verification process for community certificates is crucial in maintaining the integrity of the system and preventing misuse. - [ "K. Brahmaiah VS State of Andhra Pradesh"]

• Judicial Precedents - Previous judicial decisions emphasize the importance of following due process in matters related to community certificate cancellations. - [ "A. Rukmini, W/o. T. N. Govindarajan VS Government of Andhra Pradesh"]

• Legislative Intent - The legislative intent behind Section 5 is to uphold the rights of genuine community members while deterring fraudulent claims. - [ "Dokku Phaneendra Prasad VS State of Andhra Pradesh"]

• Administrative Accountability - The Act holds administrative authorities accountable for their decisions regarding community certificates, ensuring transparency in the process. - [ "K. Brahmaiah VS State of Andhra Pradesh"]

• Social Justice - The regulation of community certificates is a step towards achieving social justice for historically marginalized communities. - [ "M. Satyanarayana Raju, S/o. Late M. Appala Raju VS G. Srinivasa Reddy, S/o. Late Godla Satyanarayana Reddy"]

• Future Implications - The outcomes of cases under Section 5 may have significant implications for the future of community certificate regulations and the rights of Scheduled Castes and Tribes. - [ "Dokku Phaneendra Prasad VS State of Andhra Pradesh"]

S.6 Burden of Proof

       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 of offence under this Act, the burden of proving that he belongs to such Caste, Tribe or Class shall be on the claimant.

S.7 Appeal and review

       (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 Section3, 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 Andhra Pradesh 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.
   &nb

S.8 Power of revision by Government

       (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 are authority subordinate to them for the purpose of satisfying themselves as to the legality, 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

S.9 Competent authority to exercise the power of the Civil Court

       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 (Central Act V of 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;
       (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.

S.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 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.

S.11 Benefits secured on the basis of false community certificate to be withdrawn

       (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 Government, 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 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 Governm

S.12 Penalty for securing an appointment of election to political offices etc. on the basis of false community certificates

       (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 Tribes or Backward Classes or is elected to any of the elective offices to any local authority or Co operative Society against the offices reserved for such 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

S.13 Penalty for issuing a false community certificate

       (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 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) No court shall take cognizance of an offence punishable under this Section except with the previous sanction of the Government.

S.14 Penalty for abetters

       Whoever abets any offence punishable under this Act shall be punished with the punishment provided for in this Act for such offence.

S.15 Offences to be tried summarily

       Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (Central Act II of 1974) any offence punishable under Sections 10, 11 and 12 of this Act may be tried summarily by a Magistrate of the first class.

S.16 Offences under the Act to be cognizable

       Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act, shall be cognizable and non bailable.

S.17 Bar of Jurisdiction of Civil courts

       No Civil Court shall have jurisdiction in respect of any order passed by any officer or authority under this Act and no stay or injunction shall be granted by a court 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 his Act.

S.18 Protection of acts done is good faith

       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.

S.19 Act to override other laws

       The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

S.20 Power to make rules

       (1) The Government may by notification make rules for carrying out all or any of the purposes of this Act.
       (2) Every rule made under this Act shall immediately after it is made be laid before the Legislative Assembly 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 may 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 Legislative Assembly 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 the validity o

S.21 Transitional Provision

       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 cancelled under the provision of this Act, be valid and shall be deemed to have been issued under the provisions of this Act.