Amendment status not verified — confirm the current text below against the official source.
T 94, A Community Certificate issued by any person, officer or suthority other than the Competent Authority shall be invalid. The Competent Authority shall not issue a Community Certificate to a member of the Scheduled Caste or the Scheduled Tribe subject to any condition or contingency. Constitution of Screening Committee for verification of Community Certificate :- The applications from members of the Scheduled Castes and the Scheduled Tribes for admission to the seats reserved for the Scheduled Castes and the Scheduled Tribes in educational institutions shall be got scrutinised by a Screening Committee constituted by Government in the prescribed manner, to ensure that the Community Certificate produced in support of the Scheduled Caste or the Scheduled Tribe claim of the applicant is genuine. The Screening Committee may cause detailed enquiry through the expert agency to ascertain if the applicant actually belongs to the Scheduled Caste or the Scheduled Tribe, as the case may be, and shall reject the application if the applicant does not belong to the Scheduled Caste or the Scheduled Tribe as claimed by him; Provided that rejection of the application shall be without prejudice to the actions that may be taken under sections 11, 15 and 16. Cancellation of Community Certificate issued earlier - Notwithstanding anything contained in any other provisions of this Act or in any judgment, decree or orer of any court, the rejection of an application for caste certificate by the competent Authority under sub-section (1) of section 5, and resection of an application under sub-section (2) of section 6 by the Screening Committee shall be treated as cancellation of the certificate, if any, issued earlier by any authority and where any authority mentioned in section 7. Further verification of Community Certificates:- Production of a community certificate issued by the Competent Authority shall not preclude the appointing authority, or head of the educational institution or any officer or authority superior to the appointing authority, or head of the educational institution including the State Government, from verifying or causing to be verified the claim of at individual that he belongs to the Scheduled Caste or the Scheduled Tribe, as the case may be at the time of initial appointment, selection or admission or at any stage thereafter. Constitution of Scrutiny Committee for verification of Community Certificates :- Government shall constitute a scrutiny committee for verification of community certificates. Any person belonging to Scheduled Castes or Scheduled Tribes or any appointing authority or local body or heads of educational institutions may make an application in such form and in such manner as may be prescribed by the scrutiny committee for verification of Community Certificates. Community Certificates, if found bogus, to be cancelled :- Where on verification, the Scrutiny Committee finds that the community certificate issued in support of the Scheduled Castes or Scheduled Tribes claim of the individual is not genuine, it shall cancel the same and intimate such cancellation to the appointing authority or local authority or head of the educational institution, as the case may be, together with a request to cancel the appointment or admission, as the case may be. ft Inserted by Amendment Act 32 of 2008 (2) (1) ta. 10, i. a) (2) (3) + @) Whenever an intimation is received under sub-section (1), the appointing authority ot local authority or head of the educational institution, as the case may be, shall cancel the appointment or admission, without any further notice to the individual concerned the debar him from continuing in office or studying further. * Enquiry by Expert Agency :- The expert agency may conduct such enquiries as it may deem fit into the claim of an individual or group of individuals that he or they belong or belongs to the Scheduled Caste or the Scheduled Tribe in the following circumstances, (i) Suo motu enquiries on the basis of field studies on castes, communities, or tribes; or as a part of or auxiliary to Anthropological or Sociological Studies cr investigations. (ii) On petitions and complaints being received by it, from any source pertaining to ihe Scheduled Caste or the Scheduled Tribe, claims of non-Scheduled Castes or non-Scheduled Tribes as the case may be. (iii) On references, requisitions, directions or proposals being received from the State and Central Governments, the competent authorities or the Screening Committee or the Scrutiny Committee. The report of the Expert Agency shall be conclusive proof for or against the Scheduled Castes or Scheduled Tribes claim, as the case inay be of the person reported upon, unless found contrary by the Scrutiny Committee, after due procedure. The person reported upon shall be entitled for a copy of the report of the Expert Agency, if he desires so, free of cost from the authority authorising the enquiry. Burden of proof:- Where an application is made to the Competent Authority under Section 4 for the issue of a community certificate in respect ofa Scheduled Caste or Scheduled Tribe or in any enquiry conducted by the Competent Authority, the Expert Agency, or the Scrutiny Committee or in any trial or offence under this Act, the burden of proving that he belongs to such Caste or Tribe shall be on the clammant Cancellation of false community certificate :- Where, before or after the commencement of this Act, a person not belonging to any of the Scheduled Castes or the Scheduled Tribes has obtained a false community certificate to the effect that either himself or his children belongs or belong to such Caste or the Tribe, the Scrutiny Committee may either suo mofu or on a written complaint or report by any person or authority, call for the records and enquire into the correctness of such certificate and if it is of the opinion that the certificate was obtained fraudulently, it shall, by order, cancel the certificate after giving the person concerned an opportunity of making a representation, if any. The powers of the nature referred to in sub-section (1) may also be exercised by the Government. The Scrutiny Committee while performing its functions for verification and cancellation of community certificates shall follow such procedure as may be prescribed. An order passed by the Scrutines Committee shall be final and conclusive. No suitor appeal shall lie against the order passed by the scrutinee committee. + Inserted as per Amendment Act of 2008 12, 1) (2) t 3) (4) (5) 13, (D (2) Appeal and review:- Any person aggrieved by an order passed under sub-section (1) of section 5 by the Competent Authority rejecting an application made to it under section 4 may, within thirty days from the date of receipt of such order, appeal to the next higher Competent Authority and that authority may after giving the appellant an opportunity of being heard, either confirm the order appealed against or set aside the said order by following the prescribed procedure. When the Competent Authority rejecting an application for community certificate is the District Coilector, the person aggrieved by the said decision of the District Collector, may within fifteen days from the date of receipt of the order of the District Collector, appeal to the Government and the Government may after giving the appellant an opportunity of being heard, confirm the order of the District Collector or arrange for an enquiry through the Expert Agency and issue appropriate orders or directions on the basis of the expert report. An order passed by the Scrutiny Committee shall be final and conclusive. No suit or appeal shall lie against the order passed by the scruityni Committee. The Government may, on an application received from any person aggrieved by an order passed by them under sub-section (2) of section 11 within fifteen days of the date of receipt of the said order, review any such order if they are satisfied that the order was passed by them under any mistake, whether of fact or jaw or in ignorance of any material fact or unaware of any relevant evidence. Pending disposal of an apeal under sub-section(2) or review under sub-section (4) it shall be competent for the Government to stay the operation of the order against which the apeal or review, as the case may be, is filed. Power of stay and revision by the Government:- Except in the cases of decisions of the Scrutiny Committee the Government may, at any time, either suo motu or on application made to them within the prescribed period, call for and examine the record, relating to any decision made or order passed by any person, officer or authority subordinate to them for the purpose of satisfying themselves as to the legality, regularity or properiety of such decision or order, and if, in any case it appears to the Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, or subjected to enquiry by the expert Agency or Scrutiny Committee they may do so accordingly: Provided that the Government shall not pass any order prejudicial to any party unless such party has had an opportunity of making a representation, except in the case of referring the case for enquiry by the Expert Agency, or Scrutiny Committee where the matter may be referred to the Expert Agency or Scrutiny Committee by their own motion. With the exceptions of (4) orders passed by Government in pursuance of and on the basis of a report submitted by the Expert Agency, (ii) the decision of Screening Committee constituted under section 6, and (iii) the decision of the Scrutiny Committee constituted under section 8, the Government may stay the execution of any such decision or order pending the exercise of their powers under sub-section (1) in respect thereof. + Omitted by Amendment Act 32/2008 I4. Competent Authority, the Expert Agency and Scrutiny Committee to exercise ‘powers of the Civil Court :- The Competent Authority, the Expert Agency and the Scrutiny Committee shall, while holding an enquiry under this Act, have all the powers of Civil Court trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely :- (1) | Summoning and enforcing the attendance of any person from any part of the State and examining him on oath; (2) Requiring the discovery and production of any document; (3) Receiving evidence on affidavits " (4) — Requisitioning any public record or copy thereof from any Court Office; (5) Issuing commissions for the examination of witnesses or documents; and (6) Any other matter which may be specified by Government by notification in the gazette.