अधिनियम क्रमांक 13 सन् 2013
29 अप्रैल 2013
राज्य के अनुसूचित जातियों, अनुसूचित जनजातियों और अन्य पिछड़े वर्गों से संबंधित व्यक्तियों तथा अन्य सामाजिक एवं शैक्षणिक रूप से पिछड़े वर्गों के लिए होने के उन व्यक्तियों, जो मिथ्या सामाजिक प्रस्थिति प्रमाणीकरण कपटपूर्वक यह प्रमाणित करते हैं कि वे विशिष्ट जनजातियों के इन वर्गों से संबंधित हैं, से संरक्षित करने, तथा मिथ्या सामाजिक प्रस्थिति प्रमाणपत्र जारी करने एवं प्राप्त करने के लिए दण्ड का प्रावधान करने और इससे संबंधित तथा सकें आनुषंगिक विषयों के लिए उपबंध करने हेतु अधिनियम।
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(1) This Act may be called the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013.
(2) It shall extend to the whole of the State of Chhattisgarh.
(3) 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,—
Any person belonging to a Scheduled Caste or a Scheduled Tribe or Other Backward Class may apply to the Competent Authority for issuance of a Social Status Certificate in such form and in such manner as may be prescribed.
(1) The Competent Authority, may on receipt of an application under Section 3 and after making such inquiry as may be prescribed issue a Social Status Certificate:
Provided that where the competent authority comes to a conclusion that there are sufficient reasons for rejecting the application for such certificate, it shall record the reasons of rejection in writing and inform the applicant accordingly.
(2) A Social Status Certificate issued by the Competent Authority under sub-section (1) of this Section, shall be a document of permanent nature, the validity of which shall not be limited by time:
Provided that duplicate copy of the Social Status Certificate may be issued by competent authority only when the applicant declares the loss of the original certificate.
(3) Social Status Certification issued by an person, officer or authority other than the Competent Authority shall not be accepted for the purpose of any public employment, admission to an educa
(1) An applicant aggrieved by an order of the Competent Authority passed under Section 4, may within 30 days from the date of receipt of such order, file an appeal before the Appellate Authority:
Provided that Appellate Authority may after recording sufficient reasons in writing, condone any delay caused, in filing of such appeal.
(2) The Appellate Authority may, within a period of three months, after giving the applicant reasonable opportunity of being heard either confirm or set aside the order of the Competent Authority with such directions as it may deem appropriate.
(1) There shall be a District Level Certificates Verification Committee, with such composition as may be prescribed, for verification of Social Status Certificate issued by the Competent Authority under Section 4, as may be notified by the State Government having jurisdiction over one or more districts.
(2) A district Level Certificates Verification Committee shall on its own motion or on receipt of any information or reference made to it, in regard to Social Status Certificate(s) issued by the competent Authority, verify such Certificate(s) in the manner as may be prescribed:
Provided that the reference made to the District Level Certificates Verification Committee by an employer, an Educational Institution, a Local Authority, the Central Government or the State Government, as the case may be, for verification of Social Status Certificate(s), shall be in such form and in such manner as may be prescribed, and it shall be the duty of the District Certificates Verificat
(1) The State Government shall constitute, by notification in the Official Gazette, one or more High Power Certification Scrutiny Committee or Committees, for conducting enquiry into Social Status Certificate(s) referred to it by District Level Certificates Verification Committee under Section 6 or by the State Government, and it shall be the duty of the High Power Certification Scrutiny Committee to examine the report of the District Level Certificates Verification Committee and to proceed in this matter as prescribed under Chapter-IV of this Act.
(2) The High Power Certification Scrutiny Committee shall follow such procedure as may be prescribed.
Provided that where the High Power Certification Scrutiny Committee decides to arrive at an adverse finding, it shall not do so unless a reasonable opportunity of being heard is given to the person whose Social Status Certificate is disputed.
(1) If after enquiry under Section 7 of this Act, High Power Certification Scrutiny Committee is of the opinion that, the status/caste certificate was obtained wrongfully or fraudulently, it shall, by an order in writing, cancel and confiscate the certificate by following such procedure as may be prescribed.
(2) The order passed by the High Power Certification Scrutiny Committee under this Act, shall be final and conclusive subject to the proceedings under Article 226 of the Constitution of India only.
(1) Whoever, secures admission against a reserved seat or secures public appointment against a reserved post meant for such Castes, Tribes or Classes by producing a Social Status Certificate obtained wrongfully or fraudulently, shall on cancellation of such certificate be liable to be rusticated from the educational institution or dismissed from the public employment, as the case may be, forthwith or be denied any other benefit or advantage enjoyed by virtue of such admission or appointment.
(2) Whoever, takes advantage of any benefit or facility under any welfare scheme, by way of cash, kind or service or special treatment intended for the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes, by producing a Social Status Certificate obtained wrongfully or fraudulently, shall on cancellation of such certificate under Section 8, be liable to be discharged from enjoying such benefit or special treatment, as the case may be.
(3) Any financial benefit by w
(1) Where a Social Status Certificate has been cancelled under Section 8, the person obtaining such Certificate shall be punished with rigorous imprisonment for a term, which shall not be less than three months but which may extend to two years and with fine, which shall not be less than two thousand rupees and which may extend to twenty thousand rupees.
(2) No court shall take cognizance of an offence punishable under this section except upon a complaint, in writing, made by the High Power Certification Scrutiny Committee or on its behalf by any person so authorized by the High Power Certification Scrutiny Committee for this purpose.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, offences punishable under Section 10 of this Act shall be cognizable, non-bailable and may be tried summarily.
(1) Any person or authority, performing the functions of Competent Authority under this Act, who intentionally issues a false Social Status Certificate, shall be punished with rigorous imprisonment for a term which shall not be less than three months but which may extend to two years and with fine which shall not be less than two thousand rupees and which may extend to twenty thousand rupees:
Whoever, abets any offence punishable under this Act, shall be punished with the punishment provided for such offence in this Act.
Where an application is made to the Competent Authority under Section 3 of this Act, for the issuance of a Social Status Certificate or in any inquiry conducted by the Competent Authority, District Level Certificates Verification Committee and High Power Certification Scrutiny Committee under this Act or in any trial of offence under this Act, the burden of proving the social status in respect of such Caste, Tribe or Class, as the case may be, shall be on such applicant.
The Competent Authority, Appellate Authority, District Level Certificates Verification Committee and the High Power Certification Scrutiny Committee shall, while holding an enquiry under this Act, have the powers of a Civil Court under the Code of Civil Procedure, 1908 and particularly in respect of the following matters, namely:—
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 partly any decree or order, if the claim involved in such suit or proceeding, or the passing of such decree or order or such execution would, in any way, be contrary to the provisions of the 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, and not in derogation of any other law for the time being in force.
(1) The Government may, 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 after it is made, before the State Legislature when it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session in which the said period expires, the Legislative Assembly adopts a resolution that such a rule should not be made or that any modification be made therein, the rule shall thereafter be of no effect or have effect only in the modified form, as the case may be :
Provided that any such modification or annulment shall be without prejudice to the validity of anything previously 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 after it is made, before the State Legislature.
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