Bare ActsThe Kerala (Schedulde Castes and Scheduled Tribes) Regulation of issue of Community Certificates Act, 1996

Section 24

Penalty for securing an appeintment or election to local bodies etc

Amendment status not verified — confirm the current text below against the official source.

Penalty for securing an appeintment or election to local bodies etc., on the basis of false community certificates :- Whoever not being a person belonging to any of the Scheduled Castes ot the Scheduled Tribes secures an appointment in Government or other institutions referred to in section 16 against the posts reserved for the Scheduled 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 six months but which may extend upto two years and with fine which shali 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. 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 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. No Court shall take cognizance of an offence punishable under this section except with the previous sanction of the Government, Penalty for preparation and submission of false report by the expert agency :- 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, whereby any person who is not a member of any Scheduled Caste or the Scheduled Tribe happens to secure community certificate from the Competent Authority or secure any benefits exclusively intended for Scheduled Caste or the Scheduled Tibe, as the case may be, or intentionally prepare and submit a Teport 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 the 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 wihch 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. No Court shall take cognizance of an offence punishable under this section except with the previous sanction of the Government. 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. Establishment of Special Court :- For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Gazette, 12

Section 24 – The Kerala (Schedulde Castes and Scheduled Tribes) Regulation of issue of Community Certificates Act, 1996 | DailyLaw.ai