S.1 Short title, e xtent and commencement

       (1) This Act may be called the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996.
        (2) It extends to the whole of the State of Kerala .
( 3) It shall come into force on such date as the Government may, by n otification in the Gazette, appoint.

S.2 Definitions

       In this Act, unless the context otherwise requires,—
        (a) ‘appointment in public service' means appointment to a service or post under the State or Central Government and includes appointment to any post of the State or Central Government undertakings;
        • ‘appointing authority in relation to a service or post means the
       authority empowered to make appointment to such service or post, and
       includes appointing authorities in respect of the services and posts in connection
       with the affairs of the Central Government and of the State and Central Government undertakings;
        • ‘Community Certificate' means the certificate issued by the c

S.3 Proof of the Scheduled Castes or the Scheduled Tribe Status

Notwithstanding anything contained in any other law for the time being in force, any person belonging to any of the Scheduled Castes or the Scheduled Tribes claiming any benefit, concession, protection, exemption or reserva tion provided to such Castes or Tribes either for any appointment in public services or for admission into educational institutions, exclusively intended for members of the Scheduled Castes or the Scheduled Tribes, or for contesting for the seats reserved for them in any educational institution in the State or outside the State for the students of the State or local authority or co-operative institution, shall prove his claim by a Certificate issued for the purpose under this Act, by the competent authority, in the prescribed manner.

S.4 A pplication for Community Certificate

Any person belonging to any of the Scheduled Castes or the Scheduled Tribes in order to prove his claim that he belongs to the Scheduled Caste or the Scheduled Tribe, as the case may be, for any purpose, shall 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.

S.5 Community Certificate to be issued only by the Competent Authority

       (1)
       The Competent Authority may on an application made to it under section 4,
       by following the prescribed procedure, 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 Community Certificate issued by any person, officer or authority
       other than the Competent Authority shall be invalid.
        • The Competent Authority shall not issue a community certificate
to a member of the Scheduled Caste or t

S.6 Constitution of Screening Committee for verification of Community Certificate

       (1) The applications from members of the Scheduled Castes and Scheduled Tribes for admission to the seats reserved for the Scheduled Casts and the Scheduled Tribes in educational institutions shall be got scrutinise by a Screening Committee constituted by Government in the prescribe manner, to ensure that the Community Certificate produced in support of the Scheduled Caste or the Scheduled Tribe claim of the applicant is genuine.
        (2) The Screening Committee may cause detailed enquiry through the expert agency to ascertain if the applicant actually belongs to the Scheduled Caste or the Scheduled Tribe, as the case may be, and shall reject the appli cation if the applicant does not belong to the Scheduled Caste or the Scheduled Tribe as claimed by him:
Provided that rejection of the application shall be without prejudice to the actions that may be t

S.7 Further verification of Community Certificates

Production of a community certificate issued by .the Competent Authority shall not preclude the appointing authority, or Head of the educational institution or any officer or .authority superior to the appointing authority or head of the educational institution including the State Government, from verifying or causing to be verified the claim of an individual that he belongs to the Scheduled Caste or the Scheduled Tribe, as the case may be at the time of initial appointment, selection or admission or at any stage thereafter.

S.8 Constitution of scrutiny committee for verification of community certificates

The Government shall constitute a scrutiny committee for verification of community certificates. Any person belonging to Scheduled Castes or Scheduled Tribes or any appointing authority or local body or heads of educational institutions may make an application in such form and in such manner as may be prescribed by the scrutiny committee for verification of community c ertificates.

S.9 Enquiry by Expert Agency

       (1) The expert agency may conduct such enquiries as it may deem fit into the claim of an individual or group of individuals that he or they belong or belongs to the Scheduled Caste or Scheduled Tribe in the following circumstances, —
        (i) Suo motu enquiries on the basis of field studies on castes, com­munities or tribes or as a part of or auxiliary to Anthropological or Sociological Studies on investigations.
        (ii) On petitions and. complaints being received by it, from any source
       pertaining to the Scheduled Caste or the Scheduled Tribe, claims of non-Scheduled Castes or non-Scheduled Tribes, as the case may be.
        (iii) On references, requisitions, directions or proposals being received from the State a

S.10 Burden of proof

Where an application is made to the competent au thority under section 4 for the issue of a community certificate in respect of a Scheduled Caste or Scheduled Tribe or in any enquiry conducted by the Competent Authority, the Expert Agency, or the Scrutiny Committee or in an y trial or offence under this Act, the burden of proving that he belongs to such Caste or Tribe shall be on the claimant.

S.11 Cancellation of false community certificate

       (1) Where, before or after the commencement of this Act, a person not belonging to any of the Scheduled Castes or the Scheduled Tribes has obtained a false community certificate t o the effect that either himself or his children belongs or belong to such Caste or the Tribe, the Scrutiny Committee may either suo motu or on a written complaint or report by any person or authority, call for the records and enquire into the correctness of such certificate and if it is of the opinion that the certificate was obtained fraudulently, it shall, by order, cancel the certificate after giving the person concerned an opportunity of making a representation, if any.
        • The powers of the nature referred to in sub-section (1) may also be exercised by the Government.
• The Scrutiny Committee while performing its functions for verification and cancellation of com

S.12 Appeal and review

       (1) Any person aggrieved by an order passed under sub-section (1) of section 5 by the Competent Authority rejecting an application made to it under section 4 may, within thirty days from the date of receipt of such order, appeal to the next higher Competent Authority and that authority may after giving the appellant an opportunity of being heard, either confirm the order appealed against or set aside the said order by following the prescribed procedure.
        • When the Competent Authority rejecting an application for community certificate is the District Collector, the person aggrieved by the said decision of the District Collector, may within fifteen days from the date of receipt of the order of the District Collector, appeal to the Government and the Government may after giving the appellant an opportunity of being heard, confirm the order of the District Collector

S.13 Power of stay and revision by the Government

       (1) Except in the case of decisions of the Scrutiny Committee the Government may at any time, either suo motu or on 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 or 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, or subjected to enquiry by the Expert Agency or Scrutiny Committee they may do so 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, except in the case o

S.14 Competent Authority, the Expert Agency and Scrutiny Committee to exercise powers of the Civil Court

       The Competent Authority, the Expert Agency and th e Scrutiny Committee shall, while holding an enquiry under this Act, have a ll the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:—
        • Summoning and enforcing the attendance of any person from any part of the State and examining him on oath;
        • Requiring the discovery and production of any document;
        • Receiving evidence on affidavits;
        • Requisitioning any public record or copy thereof from any court or office;
        • Issuing commissions for the examination of witnesses or documents ; and

S.15 Penalties

       (1) Whoever obtains a community certificate by,—
        (a) furnishing false information; or
        (b) filing a false statement; or
        • by suppressing material facts and relevant evidence pertaining to his caste or tribal status; or
        • 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 up to two years and with fine which shall not be less than one thousand rupees but which may extend up to five thousand rupees:
        Provided that the Court may, for adequate and special reasons

S.16 Benefits secured on the basis of false community certificates to be withdrawn

       (1) Whoever not bring a person belonging to any of the Scheduled Caste or the .Scheduled Tribes secures admission in any educational institution against a seat reserved for such Castes or Tribes or secures any appointment in the Government, Government Undertakings, 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 or Tribes or enjoys any other benefit intended exclusively for such Castes or the Tribes by producing a false community certificate shall, on cancellation of the false community certificate, be removed by cancelling the irregular admission in the concerned educational institution or, as the case may be, removed from the said service forthwith and any other benefit enjoyed by him as aforesaid shall be withdrawn forthwith.
        (2) Any amount paid to s

S.17 Penalty for securing an appointment or election to local bodies etc., on the basis of false community certificate

       Whoever not being a person belonging to any of the Scheduled castes or the Scheduled Tribes secures an appointment in Government or other institutions referred to in section 16 against the posts reserved for the S cheduled Castes or the Scheduled Tribes or is elected to any of the elective offices of any local authority or co-operative society against the office reserved for such Castes or the Tribes 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 6 months but which may extend upto 2 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 reordered in the judgment, impose a sentence of imprisonment for a lesser term or fine .

S.18 Penalty for issuing false Community Certificate

       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 up to five thousand rupees :
        Provided that the Court may, for adequate and special reasons to be recorded 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 the section except with the previous sanction of the Government.

S.19 Penalty for preparation and submission of false reports by the expert agency

       (1) Any officer or group of officers performing the functions of the Expert Agency under this Act, who intentionally prepares any report and submits the same to any authority or to the Government, where by any person who is not a member of any Scheduled Caste or Scheduled Tribes happens to secure Community Certificate from the Competent Authority or secure any benefits exclusively intended for Scheduled Caste or Scheduled Tribes, as the case may be or intentionally prepare and submit a report to any authority or to the Government to deprive a member of any Scheduled Caste or the Scheduled Tribe of the benefits due, as such member of any Scheduled Caste or Scheduled Tribe, as the case may be, 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 u

S.20 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.21 Establishment of Special Courts

For the purpose of providing for speedy drive , the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Gazette, specify for each District a Court of Session to be a Special Court to try the offences under this Act.

S.22 Special Public Prosecutor

For every Special Court the State Government shall, by notification in the Gazette, specify a Public Prosecutor, or appoint an advocate who was in practice as an advocate for not less than seven years, as Special Public Prosecutor for the purpose of conducting the cases under this Act, in that Court.

S.23 Offence under the Act cognizable and non-bailable

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) all offences under this Act shall be cognizable and non-bailable .

S.24 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 this Act.

S.25 Protection of acts done in good faith

No suit, prosecution or other legal proceedings shall lie against the Government or any officer or authority of Government or any other person for anything which is in good faith done or intended to be done in pursuance of this Act or rules made thereunder.

S.26 Act to override other laws

Save as otherwise provided in this Act, the provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any customs or usage or any instrument having effect by virtue of any such law.

S.27 Power to make rules

       (1) The Government may, by notification in the Gazette, make rules either prospectively or retrospectively for carrying out all or any of the purposes of this Act.
        (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the following matters namely:—
        (a) manner of certificate to be issued by the Competent Authority under section
       3;
        (b) manner of application for community certificate under section 4;
        (c) procedure and manner of issue of community certificate under sub-section (1) of section 5;
        (d) manner of constitution of Screening Committe

S.28 Departmental proceedings not barred by prosecution

Prosecution of any person for any offence under this Act shall not be a bar on departmental proceedings being initiated against that person under the relevant service conditions or disciplinary rules for the time being in force applicable to that person.

S.29 Cancellation of community certificate issued to a person to be proof against the relatives of the same blood

       Cancellation of a community certificate issued to any person by any competent authority shall be proof against the Scheduled
       Caste or the Scheduled Tribe claims, as the case may be, of the consanguineal,
       relations of that individual and shall be a ground for taking action under
sub- section (1) of section 11 against members of such family by the scrutiny com mittee or under sub-section (2) thereof by the Government.

Legal Commentary on Section 29 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996

Introduction

Section 29 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996, addresses the penalties and punishments for offences related to the issuance and misuse of community certificates meant for Scheduled Castes and Scheduled Tribes in Kerala. The Act aims to prevent fraudulent claims and ensure the integrity of reservation benefits.

What does Section 29 Say

Section 29 stipulates that any person who commits an offence under the Act, such as submitting false information or forging certificates, shall be liable for punishment prescribed by law, including penalties or imprisonment.

Essential Ingredients

• Submission of false or incorrect information regarding community status.
• Forging or counterfeiting community certificates.
• Unauthorized use or issuance of community certificates.
• Knowledge or intent to commit such offences.

Scope of Section

Section 29 applies to all individuals involved in fraudulent activities concerning community certificates issued under the Act, including applicants, officials, and third parties. It covers acts of misrepresentation, forgery, and misuse related to community certification for SC/ST benefits.

Punishment for Section 29

While the specific penalties are not detailed in the sources, the section generally prescribes punishment in accordance with applicable laws, which may include imprisonment, fines, or both, for offences like forgery, false representation, or misuse of certificates.

Legal Comments

• Misuse Prevention - The section underscores the importance of preventing misuse of reservation benefits by punishing fraudulent activities, aligning with the Act’s objective to uphold the integrity of community certification .
• Forgery and Fraud - It criminalizes forgery and false representation related to community certificates, ensuring that only genuine claimants benefit from reservations .
• Deterrence - The provision acts as a deterrent against fraudulent claims, safeguarding the rights of genuine SC/ST community members .
• Legal Consequences - The section aligns with general criminal law provisions, allowing for imprisonment and fines for offences like forgery and false declaration .
• Application Scope - It applies universally to all persons involved in misconduct related to community certificates, including applicants and officials .
• Verification and Enforcement - The enforcement of penalties supports the verification process, ensuring certificates are issued only after due scrutiny .
• Preventive Mechanism - Section 29 acts as a preventive measure to curb illegal activities and maintain the sanctity of the certification process .
• Legal Safeguards - The section provides legal safeguards against misuse, ensuring accountability of those who manipulate the system .
• Complementary Provisions - It complements other provisions in the Act that regulate the issuance, verification, and cancellation of certificates .
• Judicial Interpretation - Courts may interpret violations under this section as criminal offences, leading to prosecution and conviction .
• Amendment and Updates - Amendments, such as those in 2008, enhance the scope and enforcement mechanisms related to offences under this section .
• Responsibility of Authorities - The section emphasizes the role of competent authorities in investigating and prosecuting offences related to community certificates .
• Protection of Genuine Claimants - By penalizing fraudulent activities, the section protects the rights of genuine SC/ST applicants .
• Legal Consistency - It maintains consistency with broader criminal laws, ensuring offences are punishable under the Indian Penal Code or other relevant laws .
• Policy Objective - The overarching policy is to uphold social justice by ensuring reservation benefits reach deserving candidates without abuse .
• Legal Recourse - Victims or authorities can invoke Section 29 to initiate legal proceedings against offenders .
• Deterrent Effect - The threat of punishment under Section 29 discourages fraudulent practices, reinforcing the credibility of the certification process .

Note: The specific penalties (such as imprisonment terms or fines) are generally detailed under related criminal laws or specific provisions in the Act or amendments, which are not explicitly provided in the sources.

S.30 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 provisions of this Act, be valid and shall be deemed to have been issued under the provisions of this Act.