THE KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENT ETC) ACT, 1990.

KAR. ACT 7 OF 1991

4th day of March, 1991

An Act to provide for the reservation of appointments or posts in favour of the members of the Scheduled Castes, Scheduled Tribes and other Backward Classes in the State Civil Services and establishments in the public sector and in admission to universities and to the educational institutions established or maintained or aided by the State Government. WHEREAS the members of the Scheduled Castes, Scheduled Tribes and other Backward Classes of citizens are not adequately represented in the services or posts in the State Civil Services and establishments in public sector and among the students admitted to the universities and to educational institutions established or maintained or aided by the State Government; AND whereas it is expedient to provide in favour of them such reservation; BE it enacted

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S.1 Short title and commencement

(1) This Act may be called the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc.,) Act, 1990.

(2) It shall come into force on such [date]1 as the State Government may, by notification, appoint.

1. Act came into force w.e.f. 1.6.1992 Vide notification No. SWL 217 SAD 90(p-1) dt. 19.5.1992

S.2 Definitions

In this Act, unless the context otherwise requires ,-

• (1) "appointed day" means the date notified under sub-section (2) of section 1;
• (2) "appointing authority" in relation to a service or posts, means the authority empowered to make appointment to such service or post;
• (3) "establishments in public sector" means,-
  • (i) a co-operative society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959;
  • (ii) an educational institution established or maintained or aided by the State Government;
  • (iii) a Government company within the meaning of section 617 of the Companies Act, 1956;
  • (iv) a local authority;
  • (v) a statutory body or corporation established by or under a State or Central Act owned or controlled by the State Government;
  • (vi) a university established or deemed to have been established by or under any law of the State Legislature;
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S.3 Applicability

Nothing in this Act, shall apply to ,-

• (a) posts meant for conducting or guiding or directing research;
• (b) posts classified as scientific posts;
• (c) tenure posts;
• (d) posts filled up on the basis of any contract;
• (e) ex-cadre posts;
• (f) posts which are filled up by transfer or deputation;
• (g) posts in respect of which recruitment is made in accordance with any provision contained in the Constitution; and
• (h) such other posts as the State Government may, from time to time, by order, specify:

Provided that every order made under clause (h) shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions.

S.4 Reservation of appointments or posts etc.

(1) After the appointed day, while making appointments to any office in a civil service of the State of Karnataka or to a civil post under the State of Karnataka, appointments or posts shall be reserved for the members of the Scheduled Castes, Scheduled Tribes and other Backward Classes to such extent and in such manner as may be specified from time to time in the order made by the Government under clause (4) of Article 16 of the Constitution of India.

1(1A) Notwithstanding anything contained in any law for the time being in force, the appointing authority shall identify unfilled vacancies reserved for the persons belonging to Scheduled Castes and Scheduled Tribes in any service or post in an establishment in public sector as existing on the date of commencement of the Second Amendment Act, 2004 and take action to fill them as a one time measure within a specified time. The manner in which the number of vacancies is to be computed, the procedure for filling such v

S.4A Issue of caste certificate and income and caste certificate.

1(1) Any candidate or his parent or guardian belonging to the Scheduled Castes or the Scheduled Tribes may, in order to claim benefit of reservation under section 4, either for appointment to any service or post or for admission to a course of study in a university or any educational institution, make an application to the Tahasildar in such form and in such manner as may be prescribed for issue of a caste certificate.

(2) Any candidate or his parent or guardian belonging to other Backward Classes may, in order to claim benefit of reservation under section 4 either for appointment to any service or post or for admission to a course of study in a university or any educational institution, make an application to the Tahasildar in such form and in such manner as may be prescribed for issue of an income and caste certificate.

(3) The Tahasildar may, on receipt of an application under sub-section (1) or (2), and after holding such enquiry as he deems fit and sat

S.4B Appeal against order under section 4A.

1(1) Any person aggrieved by an order of the Tahasildar under section 4A may, within thirty days from the date of receipt of the order prefer an appeal to Assistant Commissioner of the revenue sub-division.

(2) The Assistant Commissioner of the revenue sub-division may after giving both parties an opportunity of being heard pass orders allowing or dismissing the appeal and in appropriate cases directing issue of a caste certificate or as the case may be, an income and caste certificate to the applicant1

1. Inserted by Act 27 of 1997 w.e.f. 8.2.2000

S.4C Verification of Caste Certificate and Income and Caste Certificate.

1(1) The State Government shall constitute one or more Verification Committees for each district consisting of such person or persons as may be prescribed for verification of caste certificate and income and caste certificate issued under section 4A or section 4B.

(2) Any person who has obtained a caste certificate or an income and caste certificate under section 4A or 4B or the appointing authority or any authority making admission to a course of study in the university or any educational institution may make an application to the Verification Committee in such form and in such manner as may be prescribed for issue of a validity certificate.

(3) The Verification Committee may after holding such enquiry as it deems fit within thirty days from the date of the application either grant a validity certificate in a prescribed form or reject the application1

1. Inserted by Act 27 of 1997 w.e.f. 8.2.2000

S.4D Appeal.

1(1) Any person aggrieved by an order passed by the Verification Committee under section 4C may, within thirty days from the date of receipt of the order appeal,-

• (i) to the Commissioner / Director, Social Welfare in case the verification certificate relates to a person belonging to the Scheduled Castes;
• (ii) to the Director, Tribal Welfare in case the verification certificate relates to a person belonging to the Scheduled Tribes;
• (iii) to the Director, Backward classes Department, in case the verification certificate relates to a person belonging to other Backward Classes;

in such form and in such manner and on payment of such fee as may be prescribed.

(2) The Appellate Authority shall after giving to both the parties an opportunity of being heard pass such order in appeal as it deems fit.

(3)2[XXX]21

1. Substituted by Act 8 of 2004 w.e.f. 23.2.2004.

2.

S.4E Tahasildar and the Verification Committee to exercise the powers of the Civil Court.

1Tahasildar and the Verification Committee, while holding enquiry under this Act, shall have all the powers of a Civil Court while trying a suit under Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) and in particular in respect of following matters, namely:-

• (a) summoning and enforcing the attendance of any person and examining him on Oath;
• (b) discovery and production of any document;
• (c) receiving evidence on affidavits;
• (d) requisitioning any public record or copy thereof from any Court or office;
• (e) issuing commissions for the examination of witnesses or documents; and
• (f) any other matter which may be prescribed;

1. Inserted by Act 7 of 2012 w.e.f. 22.06.2012

S.4F Revision by Deputy Commissioner.

(1) The Deputy Commissioner may at any time either suomoto or on an application made to him with in the prescribed period, call for and examine the records relating to any decision made or order passed by the Tahasildar under section 4A or the Assistant Commissioner under section 4B, for the purposes of satisfying himself as to the legality, propriety of such decision or order and if, in any case, it appears to the Deputy Commissioner that any such decision or order shall be modified, annulled, revised or remitted for reconsideration, he may pass orders within thirty days accordingly;

provided that the Deputy Commissioner shall not pass any order prejudicial to any person unless such person is given an opportunity of being heard.

(2) The Deputy Commissioner may, stay the execution of any such decision or order pending the exercise of his powers under sub-section (1) in respect thereof.1

1. Inserted by Act 7 of 2012 w.e.f. 22.06.2012

S.5 Penalty.

If any appointing authority makes an appointment or any authority making admission to course of study in a university or any educational institution makes admission in contravention of the provisions of this Act or rules made thereunder, he shall be punishable with fine which may extend upto rupees one thousand and imprisonment not exceeding six months:

Provided that nothing contained in this section shall apply in relation to appointment to any service or post of which the appointing authority is the Governor.

S.5A Penalties for obtaining false Caste Certificate or Income and Caste Certificate.

1Whoever has obtained a Caste Certificate or Income and Caste 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 recorded, impose a sentence of imprisonment for a lesser term or lesser fine.

1. Inserted by Act 7 of 2012 w.e.f. 22.06.2012

S.5B Penalty for issuing a false Caste Certificate or Income and Caste Certificate.

If the Tahasildar intentionally issues a false Caste Certificate or Income and Caste Certificate, he 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 recorded, impose