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

Section 15

Penaltzes

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

Penaltzes.-(1) Whoever obtains a community certificate by,- (a) furnishmg 'false information; or (b) filing a false statement; or 34j5203j97jMC. 122 (c) by suppressmg material facts and relevant evtdence pertaining to lm caste or tnbal status; or ( cl) any other fraudulent means, shall, on convJctton, be punishable with reigorous unprisonment for a term which shall not be Jess than SIX months OUt which may C;l,.tend uptO twO years and wtth fine wh1ch shall not be less than one thousand rupees but which may extend upto five tltous,md 1 upees: Provided that the Cow t may, for adequate and special reasons to be 1ccorded m the Jud~:;ment, unpose a sentence of 1mpnsorunent for a lesser term or fiue. (2) Whoever fUI rushes fctbe information regardmg his personal details of caste or tribal status, to the Expert Agency m an enquiry under sectJOn 9 or to the scrutmy committee m an enquiry under section 11 or causes any obstruction m 5uch an enqwry proceedmg, by prevenung the Expert Agency or the Scrutmy Committee from collecting the facts or evidence regarding hi~ personal and caste or tnbal status, or tries to frustrate, prevent or mterfere 111 any w.ty with the process of the enquiry, shall on convictiOn be pumshablc wtth ngorou~ unpnsonment for a. tenu wluch shall not be less than three months but wh1ch may extend upto six months and WJth fine wh1ch ~hall not be less than five hundred rupees but which may extend upto one thousand rupees. 1 G. Benefits secured on the basls of false commumry certzficates to be withdr-awn.- (!) Whoever not b,emg a person belonging to any of the Scheduled Castes or the Scheduled Tnbes secwes admtssion in any educatiOnal institutiOn agam~t a scat reserved for such Ca~tcs or Tttbes 01 secures any appointment in the Govenunent, Covet nment U.l<.lcr takmgs, Local Autho11ty or in any other Company or Corporation owned or controlled by the Government 01 in any aJded m~tttutton against a pmt re~erved for such Castes or Tribes or enjoys any otl1et benefit mtendcd cxclusJvcly tor such Castes or the Tnl9es by producm~ a false commumty cet tthcate shall, on cancellatton of the false commumty certificate, be 1cmovcd by cancelling the uregular admission m the ·concerned educatiOnal mstitutJOn or, as the case may be, removed from the satd set v1ce fo1 thw,th and any other benefit enjoyed by him as aforesaid 8half be Withdrawn forthWith. (2) Any amount paid to such person by the Government or am other agency by way of scholarship, grant, allowance, stipend• or any other financ1al benefit shall be recovered as if it is an arrear of pubhc revenue dut on •land. 123 (3) A•1y degree, diploma or any other cdu<::lttOnal quali~cation acquired by such person after sec.unng adm1~sion IJ' any cducatlollal mstltu- tion 0.1 the basis of a false commuruty rei ufi.ratc shall also stafld cancelled on cancellation of the community ce1 tlficate obtamed by h1m. \ (4) The Competent Authonty or the State Govemmeat may also order appropnate measures to prevent such person from further enjoymg the benefits of Scheduled Castes or the Scheduled Tnbcs, mcluding substitutloiL of the real caste name of such person Ill the pubhc recmds, for the false Scheduled Caste or Scheduled Tiibe name. (5) Whoever not being a person belongiPg to any of the Scheduled Castes or the Scheduled Tnbes secure; <..nd benl'fit reset ved for Scheduled Castes or the S~heduled Tnbe~ othei than thmc mcantioPccl m sectlO•l 17 by producmg a false commumty ce1 tifi.cate shall on cm.victiOn, be put,I~hab!e with ngorous impnsonmeiLt for a term whtch shall ~tot be less that. 'iiX mo,.th~ but which may extend upto two yca,s and with fine whtch shalii.ot be lc'" tha11 one thousand rupees but wh1ch may exte11cl upto five thousand rupees: Provided that the court m.1y, for adequate and speCial 1easm•s to be recorded m the judgment, tmpo~e a sente!tcc of ImJH,so •. me,1t for a lt s~cr teim or fine.

Section 15 – The Kerala (Scheduled Castes and Scheduled Tribes )Regulation of Issue Of Community Certificates Act,1996 | DailyLaw.ai