ORISSA CASTE CERTIFICATE FOR SCHEDULED CASTES AND SCHEDULED TRIBES RULES, 1980
(1) These Rules may be called "The Orissa Caste Certificate (for Scheduled Castes and Scheduled Tribes) Rules, 1980".
(2) They shall come into force at once.
In these unless the context otherwise requires-
(a) "Scheduled Castes" shall have reference to the Scheduled Castes specified in the Constitution (Scheduled Castes) Orders, 1950 made under Article 341 of the Constitution of India and as amended from time to time;
(b) "Scheduled Tribes" shall have reference to the Scheduled Tribes specified in the Constitution (Scheduled Tribes) Orders, 1950 made under Article 342 of the Constitution of India and as amended from time to time;
(c) "Forms" means the forms set out in the appendix to these Rules;
(d) "Appointing authority" in relation to a service or post in an establishment means the authority empowered to make appointment to such service or post;
(e) "Establ
A certificate issued by the competent authority under these Rules shall be accepted by the appointing authorities in relation to a service or post in an establishment.
Where a person claims to belong to Scheduled Caste or Scheduled Tribe it should be verified-
(1) that the person and his parents actually belong to the community claimed;
(2) that the community is included in the Presidential order specifying the Scheduled Castes and Scheduled Tribes in relation to the State of Orissa;
(3) that the person belongs is the State of Orissa and to the area in respect of which the community has been scheduled;
(4) if a person claims to be a Scheduled Caste, he should profess either the Hindu or Sikh religion;
(5) if a person claims to be a Scheduled Tribe, he may profess any religion.
In order that certificates are issued to the deserving persons, it is necessary that proper verification based primarily on revenue records and if need be, through reliable enquires, is made before issue of certificates :
[Provided that in case of doubt of the competent authority about the case of the person, the competent authority may conduct local enquiry and take appropriate steps to issue caste certificate without delay within the prescribed time, i.e. within 30 days from receipt of the application].
The following shall be the competent authority for the purpose of issue of caste certificates under these rules within their respective jurisdictions.
(1) District Magistrate/Collector;
(2) Additional District Magistrate;
(3) Sub-divisional Magistrate/Sub-divisional Officer;
(4) Executive Magistrates;
(5) Revenue Officers not below the rank of Tahasildar/Additional Tahasildar.
The following authorities for the purpose of these Rules may recommend to the competent authority for issue of caste certificates to the persons belonging to Scheduled Castes and Scheduled Tribes in the State of Orissa :
(1 ) The Sarpanch of the Grama Panchayat in respect of persons residing within the jurisdiction of the Grama Panchayat concerned.
[1.(a) Chairman of the Municipality/Notified Area Council and Mayor of Municipal Corporation.]
(2) Members of the Orissa Legislative Assembly in respect of persons belonging to their constituencies.
(3) Members of Parliament from Orissa in respect of their constituencies:
Provided that the competent authority may issue caste certificates on the basis of the re
(1) The competent authority shall issue caste certificate in the form prescribed in Appendix I of these Rules.
(2) If after issue of caste certificate in any particular case, subsequent verification reveals that the candidates claim was false, the competent authority who issued the certificate shall have the right to cancel the same and pass of ders for revocation of the benefits that might have acquired by the person concerned.
(3) Any person securing an appointment in any office or in an establishment on the basis of a false claim regarding his caste, shall be liable for termination from service.
(4) The competent authority before whom an application is made for issue of caste certificate for the purpose of securing an employment under the State, shall ensure disposal of such application
(1) Admission of SC/ST children up to Class VII and related faculities shall be allowed on the recommendation of public representatives such as Sarpanchs, elected members of the Panchayat Samities, Chairpersons of Panchayat Samities, M, L. As. and M. Ps., D. W. Os. and A. D. W, Os. within their respective jurisdiction without insisting upon regular caste certificates issued by competent authorities under Rule 6.
Any person aggrieved by an order passed by a competent authority subordinate to that of District Magistrate/Collector may prefer an appeal before the District Magistrate/Collector concerned and to the concerned Revenue Divisional Commissioner where the original order is passed by the District Magistrate/Collector, within a period of 30 days of passing of such orders. The orders passed by the District Magistrate or the Revenue Divisional Commissioner on such appeal/petition shall be final.
These rules supersedes all previous instructions on the subject.
ANNEXURE I
FORM OF CASTE CERTIFICATES
This is to certify that Shri/Smt./Kumari-
Son/daughter of...
Village/town...
In the district... of the State
belongs to the.- Caste/Tribe * which is,
recognised as a Scheduled Caste/Scheduled Tribe or under the Constitution (Scheduled Castes) Order, 1950 or as amended by the Scheduled Castes and Scheduled Tribes (Amendment) Orders Act, 1976.
2. Shri/Shrimati-.
and his/her* family ordinarily reside (a) in village/town...
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