Amendment status not verified — confirm the current text below against the official source.
Penalities :- (1) Whoever obtains a community certificate by, - (a) furnishing false information; or (b) _ filing a false statement; or {c) by suppressing material facts and relevant evidence pertaining to his caste or tribal Status; or (d) any other fraudulent means, shall, on conviction, be punishable with rigorous imprisonment for a term which shall not be iess than six months but 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 in the judgment, impose a sentence of imprisonment for a lesser term or fine. (2) Whoever furnishes false information regarding his personal details of caste or tribal status, to the Expert Agency in an enquiry under section 9 or to the Scrutiny Committee in an enquiry under section 11 or causes any obstruction in such an enquiry proceeding, by preventing the Expert Agency or the Scrutiny Committee from collecting the facts or evidence regarding his personal and caste or tribal status, or tries to frustrate, prevent or interfere in any way with the process of the enquiry, shall on conviction be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend upto six months and with fine which shall not be less than five hundered rupees but which may extend upto one thousand rupees. { 154. Penalty for obtaining a fraudulent Community Certificate by a Scheduled Caste member as Scheduled Tribe and vice versa :- Whoever belonging to any of the Scheduled Castes obtains fraudulently a Community Certificate that he belongs to any of the Scheduled Tribes or whoever belonging to any of the Scheduled Tribes obtains fraudulently a community certificate that he belongs to any of the Scheduled Castes, shall on conviction, be punishable with rigorous inprisonment for a term which shall not be less than six months but which may extend to two years and with fine which shall not be less than one thousand rupees but which may extend to five thousand rupees. + Inserted by Amendment Act 32/2008 16, (1) (2) (3) (4) (5) t 164, Benefits secured on the basis of false community certificates to be withdrawn -- Whoever not being a person belonging to any of the Scheduled Castes or the Scheduled Tribes secures admission in any educational institution against a seat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 aided institution against a post reserved for such Castes or Tribes or enjoys an 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. Any amount paid to such person by the Government or any other agency by way of scholarship, grant, allowance, stipend or any other financial benefit shall be recovered as if it is an arrear of public revenue due on land. Any degree, diploma or any other educational qualification acquired by such person after securing admission in any educational institution on the basis of a false community certificate shail also stand cancelled on cancellation of the community certificate obtained by him. The Competent Authority or the State Government may also order appropriate measures to prevent such person from further enjoying the benefits of Scheduled Castes or the Scheduled Tribes, including substitution of the real caste name of such person in the public records, for the false Scheduled Caste or Scheduled Tribe name, Whoever not being a person belonging to any of the Scheduled Castes or the Scheduled Tribes secures any benefit reserved for Scheduled Caste or the Scheduled Tribes other than those mentioned in section 17 by producing 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 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 in the judgement, impose a sentence of imprisonment for a lesser term or fine. Deferment of pensionary benefits,-:- Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force or in any judgment, decree or order of any court, where a person secures any appointment in the Government or any Government Undertaking or local authority or any other authority against a post reserved for Scheduled Caste or Scheduled Tribe, by producing a fraudulent Communi8ty Certificate, and if on an enquiry by the Expert Agency it is found that his claim is not genuine and if the incumbent retires while the enquiry by the Government or the Scrutiny Committee is pending, the Government or the Government Undertaking or local authority or any other authority as the case may be, shall have the power to defer and withhold the pensionary benefits of the incumbent pending decision by the Government or the Scrutiny Committee: + Inserted by Act 32/2008 Il i7, 18, (1) (2)