SRO No. 310/2002. -- In Exercise of the powers conferred by Section 27 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (11 of 1996), the Government of Kerala hereby make the following rules, namely;--

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S.Rule 1 Short title and Commencement

(1) These rules may be called the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Rules, 2002.

(2) They shall be deemed to have come into force on the first day of December, 1996.

S.Rule 2 Definitions

In these rules unless the context otherwise requires;--

(a) 'Act' means the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (11 of 1996);

(b) 'Form' means the form appended to these rules;

(c) 'Section' means a section of the Act;

(d) Words and expressions used, but not defined in these rules, but defined in the Act shall have the meaning respectively assigned to them in the Act.

S.Rule 3 Application for Community Certificate and its Registration

(1) Any person belonging to any of the Scheduled Castes or the Scheduled Tribes, who intends to obtain a Community Certificate, shall apply in Form No. I to the Competent Authority for the issue of a Community Certificate.

(2) On receipt of an application under sub-rule (1), the Competent Authority shall enter the necessary particulars of the application in the register kept for the purpose in Form II.

S.Rule 4 Issuance of Community Certificate

(1) If upon such enquiry, as it may deem fit, the Competent Authority is satisfied that the particulars furnished in the application are correct and if it is found that the applicant belongs to the Scheduled Caste or the Scheduled Tribe as claimed by him, a Certificate in Form No. III shall be issued to the applicant within seven days from the date of receipt of the application.

(2) If, on enquiry it is found that the claim of the applicant is not genuine and that the applicant does not belong to the Scheduled Caste or the Scheduled Tribe, as the case may be, the application shall be rejected, recording in writing the reasons therefore, and the applicant shall be informed accordingly.

S.5 Appeal

(1) Any person aggrieved by an order under sub-rule (2) of Rule 4, may within thirty days from the date of receipt of the order, prefer an appeal to the next higher Competent Authority.

(2) The appeal shall be in the form of a memorandum signed by the appellant and accompanied by a copy of the order appealed against. The authority which is entitled to hear the appeal shall on receipt of such appeal, issue notice to all concerned, fixing a date for hearing thereof.

(3) After hearing the appellant and, if necessary, the other concerned parties, the Authority may either confirm the order appealed against or set aside the said order and direct the Competent Authority subordinate to it, to issue Community Certificate to the applicant, within such date as may be specified in the order or issue Community Certificate to the applicant by itself.

(4) In cases where the appeal is filed before the Government as provided under sub-section (2) of Section 12, the Government s

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

(1) The Government may, by notification in the Gazette, constitute a Screening Committee for verification of Community Certificates produced along with applications for admission to the seats reserved for the Scheduled Castes and Scheduled Tribes in educational institutions.

(2) The Committee shall consist of the following members, namely: --

(a) the Commissioner for Entrance Examinations.

(b) the Director of Kerala Institute for Research Training and Development Studies of Scheduled Castes and Scheduled Tribes.

(c) the Director of Scheduled Castes Development/Director of Scheduled Tribes Development.

(3) Every application received by an educational institution for admission to seats reserved for Scheduled Castes and Scheduled Tribes shall be forwarded to the Screening Committee, for verification of the genuineness of the Community Certificate produced along with the application.

(4) The Screening Committee may refer the same for detail

S.7 Constitution of Scrutiny Committee

The Government shall constitute a Scrutiny Committee for the purposes of the Act, with a Chairman and two other members, namely:--

(a)	Secretary, Scheduled Castes/Scheduled Tribes Development Department	..	Member, Ex-officio
(b)	Director, Kerala Institute for Research, Training and Development Studies (KI

S.8 Application for verification of Community Certificate

An application for verification of Community Certificate shall be in Form No. IV, addressed to the Chairman of the Scrutiny Committee.

S.9 Procedure to be followed by the Scrutiny Committee for verification of Community Certificates

(1) Every application received by the Scrutiny Committee under Rule 8 shall be referred to the expert agency for enquiry.

(2) Upon receipt of a reference under sub-rule (1), the Expert Agency shall conduct such enquiry as it may deem fit and submit its report to the Scrutiny Committee.

(3) The Scrutiny Committee shall consider the claim of any person or his children that they belong to Scheduled Caste or Scheduled Tribe, in the light of the report of the expert agency that the applicant does not belong to a Scheduled Caste or a Scheduled Tribe, as the case may be and if the Scrutiny Committee has reason to believe that such person or his children do not belong to Scheduled Caste or Scheduled Tribe, as the case may be, it shall give notice to the persons concerned to make representation, if any, in writing, within fifteen days from the date of receipt of the notice.

(4) While holding enquiry under Section 11 of the Act, the Scrutiny Committee shall also give an

S.10 Verification of Community Certificate by the Government

The procedure prescribed under Rule 9 shall mutatis mutandis apply to the Government while exercising the powers conferred on them under sub-section (2) of Section 11 of the Act.

S.11 Revision by Government

The Government shall not entertain an application for revision filed under sub-section (1) of Section 13, unless it is filed within ninety days from the date of receipt of the order, which is the subject-matter of revision.

S.1

APPENDIX

FORM NO. I

[See sub-rule (1) of Rule 3]

APPLICATION FOR COMMUNITY CERTIFICATE

1.	Name of the Applicant	:

S.2

(This does not form part of the Notification but is intended to indicate its general purport.)

In order to provide for and to regulate the issue of Community Certificates to members of the Scheduled Castes and Scheduled Tribes in the State, Government of Kerala brought into force the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificate Act, 1996 (Act 11 of 1996). The Act empowers Government to make rules for carrying out all or any purposes of this Act.

This notification is intended to achieve the above object.