The Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of social Status Certification) Act, 2013

(1) This Act may be called the Chhattisgarh Scheduled Castes, Schedueld Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013. (2) It shall extend to the whole of the State of Chhattisgarh. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,- (a) "Appellate Authority" means an officer or authority authorized by the State Government, by notification in the Official Gazette to hear as appeal as provided under Section 5 of this Act; (b) "Competent Authority" means an officer or authority designated by the Government, by notification in the Official Gazette, to issue a social status certificate, for such area or for such purposes as may be specified in the said notification and shall include all the Competent Authorities already designated by the Government before coming into force of this Act, having jurisdiction over the area or place to which the applicant originally belongs, unless otherwise specified; (c) "District Level Certificates Verification Committee" means the Committee constituted in a district under sub-section (1) of Section 6 of this Act, for the verification of Social Status Certificate issued to any person; (d) "Educational Institution" means any institution, by whatever name called, including university imparting education or training in any stream at any level and where question arises as to whether an institution is an educational institution, then the decision of the State Government in that regard shall be final; (e) "Government" means the Government of Chhattisgarh; (f) "High Power Certification Scrutiny Committee" means the Committee constituted under sub-section (1) of Section 7, for conducting enquiry into a social status certificate which is referred by the District Level Certificates Verification Committee or the State Government or any other authority where such certificate is alleged to be obtained; (g) "Local Authority" means in relation to local areas comprised within the Jurisdiction of a Municipal Corporation, the concerned Municipal Corporation or in relation to any other local area in the State, the concerned Municipal Council, Nagar Panchayat, Janpad Panchayat or Village Panchayat as the case may be, having jurisdiction over such local area; (h) "Other Backward Classes" in relation to the State of Chhattisgarh means other socially and educationally backward classes as have been or may be notified from time to time, by the State Government; (i) "Prescribed" means prescribed by the rules made under this Act; (j) "Public Appointment" means an appointment to a post under the State Government, the Central Government Local Authority, any Company or Corporation, or any Undertaking, owned or controlled or substantially funded by the Government or any Institution aided by Government or Co-operative Society or Education Institution including a University; (k) "Reserved Post" means any post reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes, as the case may be, in respect of any Public Appointment; (l) "Reserved Seat" means any seat reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes, as the case may be, in respect of admission to any Educational Institution, or any seat reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes, as the case may be, in any statutory body whether filled by a process of election, by nomination or otherwise; (m) "Scheduled Castes" means the Scheduled Castes as specified in relation to the State of Chhattisgarh under Article 341 of the Constitution of India; (n) "Scheduled Tribes" means the Scheduled Tribes as specified in relation to the State of Chhattisgarh under Article 342 of the Constitution of India; (o) "Social Status Certificate" means the certificate issued by the Competent Authority to an applicant, indicating, therein, the name of Scheduled Castes or the Scheduled Tribes or other Backward Classes, as the case may be, to which such applicant belongs; (p) "State" means the State of Chhattisgarh.

Any person belonging to a Scheduled Caste or a Scheduled Tribe or Other Backward Class may apply to the Competent Authority for issuance of a Social Status Certificate in such form and in such manner as may be prescribed.

(1) The Competent Authority, may on receipt of an application under Section 3 and after making such inquiry as may be prescribed issue a Social Status Certificate:

Provided that where the competent authority comes to a conclusion that there are sufficient reasons for rejecting the application for such certificate, it shall record the reasons of rejection in writing and inform the applicant accordingly.

(2) A Social Status Certificate issued by the Competent Authority under sub-section (1) of this Section, shall be a document of permanent nature, the validity of which shall not be limited by time:

Provided that duplicate copy of the Social Status Certificate may be issued by competent authority only when the applicant declares the loss of the original certificate.

(3) Social Status Certification issued by any person, officer or authority other than the Competent Authority shall not be accepted for the purpose of any public employment, admission to an educational institution or for availing any benefit accruing to the Scheduled Castes or a Scheduled Tribes or Other Backward Classes.

(1) An applicant aggrieved by an order of the Competent Authority passed under Section 4, may within 30 days from the date of receipt of such order, file an appeal before the Appellate Authority:

Provided that Appellate Authority may after recording sufficient reasons in writing condone any delay caused, in filing of such appeal.

(2) The Appellate Authority may, within a period of three months, after giving the applicant reasonable opportunity of being heard either confirm or set aside the order of the Competent Authority with such directions as it may deem appropriate.

CHAPTER-III VERIFICATION OF SOCIAL STATUS CERTIFICATE

(1) There shall be a District Level Certificates Verification Committee, with such composition as may be prescribed, for verification of Social Status Certificate issued by the Competent Authority under Section 4, as may be notified by the State Government having jurisdiction over one or more districts.

(2) A District Level Certificates Verification Committee shall on its own motion or on receipt of any information or reference made to it, in regard to Social Status Certificate(s) issued by the Competent Authority, verify such Certificate(s) in the manner as may be prescribed:

Provided that where any information or reference made to the District Level Certificates Verification Committee by an Employer, an Educational Institution, a Local Authority, a Co-operative Society or State Government, the Committee shall verify the certificate and report its findings to the Employer, Educational Institution, Local Authority, Co-operative Society or State Government, as the case may be.

(3) Where there is prima-facie reason to believe that the Social Status Certificate(s) have been wrongfully or fraudulently obtained, the District Level Certificates Verification Committee shall refer all information and relevant documents along with record of its findings to the High Power Certification Scrutiny Committee:

Provided that where the District Level Certificates Verification Committee arrives at an adverse finding, it shall not refer the case to High Power Certification Scrutiny Committee unless a reasonable opportunity of being heard is given to the person, whose Social Status Certificate is disputed.

(4) The District Level Certificates Verification Committee, shall follow such procedure for verification of Social Status Certificate and adhere to such time limit for reference to the High Power Certification Scrutiny Committee under sub-section (3) of this Section, as may be prescribed.

(1) The Government shall constitute a High Power Certification Scrutiny Committee for the purpose of verification of social status certificate and to perform such other functions as may be prescribed for the social status of the persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes. (2) The State Government may by notification constitute such number of committees as it deems fit for the purpose of this Act. (1) The State Government shall constitute, by notification in the Official Gazette, one or more High Power Certification Scrutiny Committee or Committees, for conducting enquiry into Social Status Certificate(s) referred to it by District Level Certificates Verification Committee under Section 6 or by the State Government, and it shall be the duty of the High Power Certification Scrutiny Committee to examine the report of the District Level Certificates Verification Committee and to proceed in this matter as prescribed under Chapter-IV of this Act. (2) The High Power Certification Scrutiny Committee shall follow such procedure as may be prescribed: Provided that where the High Power Certification Scrutiny Committee decides to arrive at an adverse finding, it shall not do so unless a reasonable opportunity of being heard is given to the person whose Social Status Certificate is disputed. (1) The State Government shall constitute, by notification in the Official Gazette, one or more High Power Certification Scrutiny Committee or Committees, for conducting enquiry into Social Status Certificate(s) referred to it by District Level Certificates Verification Committee under Section 6 or by the State Government, and it shall be the duty of the High Power Certification Scrutiny Committee to examine the report of the District Level Certificates Verification Committee and to proceed in this matter as prescribed under Chapter-IV of this Act.

(2) The High Power Certification Scrutiny Committee shall follow such procedure as may be prescribed:

Provided that where the High Power Certification Scrutiny Committee decides to arrive at an adverse finding, it shall not do so unless a reasonable opportunity of being heard is given to the person whose Social Status Certificate is disputed.

Where, before or after the commencement of this Act, a person not belonging to any of the Scheduled Castes, Scheduled Tribes or Other Backward Classes has obtained a false Social Status Certificate to the effect that such person belongs to such Caste, Tribe or Class, the Scrutiny Committee may, suo motu, or upon a complaint made by any person, or upon the request of any appointing authority or educational institution, pass an order for the cancellation and confiscation of such certificate after satisfying itself that the certificate was obtained fraudulently. (1) If after enquiry under Section 7 of this Act, High Power Certification Scrutiny Committee is of the opinion that, the social status certificate was obtained wrongfully or fraudulently, it shall, by an order in writing, cancel and confiscate the certificate by following such procedure as may be prescribed. (2) The order passed by the High Power Certification Scrutiny Committee under this Act, shall be final and conclusive subject to the proceedings under Article 226 of the Constitution of India only. CHAPTER-IV CANCELLATION AND CONFISCATION OF FALSE SOCIAL STATUS CERTIFICATE

(1) If after enquiry under Section 7 of this Act, High Power Certification Scrutiny Committee is of the opinion that, the social status certificate was obtained wrongfully or fraudulently, it shall, by an order in writing, cancel and confiscate the certificate by following such procedure as may be prescribed.

(2) The order passed by the High Power Certification Scrutiny Committee under this Act, shall be final and conclusive subject to the proceedings under Article 226 of the Constitution of India only.

(1) Whoever obtains a false Social Status Certificate by furnishing false information or by filing false statement or claim or in any other fraudulent manner, then such person shall be liable for such punishment as may be prescribed under the rules made under this Act. (2) Whoever secures any admission in educational institution or any appointment in Government service or local body or any other employment by producing evidence of a false Social Status Certificate, then such admission or appointment shall be cancelled immediately and such person shall be liable for such punishment as may be prescribed under the rules. (1) Whoever, secures admission against a reserved seat or secures public appointment against a reserved post meant for such Castes, Tribes or Classes by producing a Social Status Certificate obtained wrongfully or fraudulently, shall on cancellation of such certificate be liable to be rusticated from the educational institution or dismissed from the public employment, as the case may be, forthwith or be denied any other benefit or advantage enjoyed by virtue of such admission or appointment. (2) Whoever, takes advantage of any benefit or facility under any welfare scheme, by way of cash, kind or service or special treatment intended for the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes, by producing a Social Status Certificate obtained wrongfully or fraudulently, shall on cancellation of such certificate under Section 8, be liable to be debarred from enjoying such benefit or special treatment, as the case may be. (3) Any financial benefit by way of scholarship, grant allowance or any other form enjoyed by person(s) on the basis of a Social Status Certificate, which is cancelled under Section 8, shall be recovered from such person(s) as arrears of land revenue. (4) Notwithstanding anything contained in any Act of State Legislature for the time being in force, any Degree, Diploma, Certificate or any other educational qualification acquired by a person by securing admission against a reserved seat in any educational institution on the basis of a Social Status Certificate, which is cancelled under Section 8, shall be deemed to have been cancelled and never been acquired. (5) Notwithstanding anything contained in any Act of State Legislature for the time being in force, a person elected or co-opted or nominated or declared to a reserved seat under a local authority or a co-operative society or any other statutory body or institution on the basis of a Social Status Certificate, which is cancelled under Section 8, shall stand disqualified from being a member of such local authority or a co-operative society or any other statutory body or institution from the date of cancellation of such Social Status Certificate and such reserved seat shall deemed to have fallen vacant forthwith. (1) Whoever, secures admission against a reserved seat or secures public appointment against a reserved post meant for such Castes, Tribes or Classes by producing a Social Status Certificate obtained wrongfully or fraudulently, shall on cancellation of such certificate be liable to be rusticated from the educational institution or dismissed from the public employment, as the case may be, forthwith or be denied any other benefit or advantage enjoyed by virtue of such admission or appointment.

(2) Whoever, takes advantage of any benefit or facility under any welfare scheme, by way of cash, kind or service or special treatment intended for the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes, by producing a Social Status Certificate obtained wrongfully or fraudulently, shall on cancellation of such certificate under Section 8, be liable to be debarred from enjoying such benefit or special treatment, as the case may be.

(3) Any financial benefit by way of scholarship, grant, allowance or any other form enjoyed by person(s) on the basis of a Social Status Certificate, which is cancelled under Section 8, shall be recovered from such person(s) as arrears of land revenue.

(4) Notwithstanding anything contained in any Act of State Legislature for the time being in force, any degree or other educational qualification acquired by a person by securing admission against a reserved seat in any educational institution on the basis of Social Status Certificate, which is cancelled under Section 8, shall be deemed to have been cancelled and never bestowed.

(5) Notwithstanding anything contained in any Act of State Legislature for the time being in force, if a person is elected to a reserved seat under a local authority or co-operative society or any other statutory body or institution on the basis of a Social Status Certificate, which is cancelled under Section 8, shall stand disqualified from being a member of such local authority or a co-operative society or any other statutory body or institution from the date of cancellation of such Social Status Certificate and such reserved seat shall deemed to have fallen vacant forthwith. ...Castes, the Scheduled Tribes or the Other Backward Classes, hy producing a Social Status Certificate obtained wrongfully or fraudulently, shall on cancellation of such certificate under Section 8, be liable to be debarred from enjoying such benefit or special treatment, as the case may be.

(3) Any financial benefit by way of scholarship, grant. allowance or any other form enjoyed by person(s) on the basis of a Social Status Certificate, which is cancelled urtder Sectiun 8. shall be n..-covcred from such flt.;rson(s) as arrears of land revenue.

-(4• Notwi~ uJlhiag 1..~ncd in any Ad. of Staie f..qislature for the timehdngint~.~~Catifllellk:t1uny0011.Teducationalquali- (~ ~by a~ by~ • .admii'!AOallpimta n.--servcd seal in ay ~ ~- <lff 1hc h,asi,; or Soi..ial ~ Ceniflcate. which is ~-~ !lillll!h-~ IS, '!.~hall be ~ w.> haw ht.-co cancelled and never bt:l,ffl.~.

(5) Notwithstanding anything contained in any Act of State Legislature for the time being in force, if a person is elected to a reserved seat under a local authority or a co-operative society or any other statutory body or institution on the basis of a Social Status Certificate, which is cancelled under Section 8, shall stand disqualified from being a member of such local authority or a co-operative society or any other statutory body or institution from the date of cancellation or such Social Status Certificate and such reserved seat shall deemed to have fallen vacant forthwith.

Any person who contravenes any of the provisions of this Act or produces a false certificate or makes a false claim regarding his social status shall be punished with imprisonment for a term which may extend to six months or with fine or with both. (1) Where a Social Status Certificate has been. cancelled under Section 8, the person obtaining such Certificate shall be punished with rigorous imprisonment for a term. which shall not be less than three months but which may extend to two years and with. fine, which shall not be less than two thousand rupees and which may extend to twenty thousand rupees. (2) No court shall take cognizance of an offence punishable under this section except upon a complaint, in writing, made by the High Power Certification Scrutiny Committee or on its behalf by any person so authorized by the High Power Certification Scrutiny Committee for this purpose.

Notwithstanding anything contained in the Code of Criminal Procedure, l 973, offence, punishable under Section l O of HHs Act shall be cogniznhle, non-bailable and may he tried summarily.

(1) Whoever knowingly makes any false representation or furnishes any false information to any authority for the purpose of obtaining a social status certificate, shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 20,000 or with both. (2) Whoever being a public servant issues a social status certificate in violation of the provisions laid down in this Act or the rules made thereunder, shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 20,000 or with both. Any person or authority, performing the functions of Competent Authority under this Act, who intentionally issues a false Social Status Certificate, shall he µunished with rigorous imprisonment for a term which shall not be less than three months but which may extend to two years and with fine which shall not he less than two thousand rupees and which may extend to twenty thousand (1) Any person or authority, performing the functions of Competent Authority under this Act, who intentionally issues a false Social Status Certificate, shall be punished with rigorous imprisonment for a term which shall not be less than three months but which may extend to two years and with fine which shall not be less than two thousand rupees and which may extend to twenty thousand rupees.

The authorities under this Act while holding an inquiry under this Act shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 and in particular in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the 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 witness or documents.

No Civil Court shall have jurisdiction to entertain, try or decide any matter which the State Government or any other person or authority is empowered by or under this Act to decide or deal with.

The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

No suit, prosecution or other legal proceeding shall lie against the Government or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

The State Government may, by notification, make rules for carrying out the purposes of this Act.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.

(1) This Act shall apply to all applications for social status certificates pending before any authority at the commencement of this Act. (2) Provided that nothing in this section shall be deemed to affect the validity of any action taken or order passed before the commencement of this Act.

(1) The Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Ordinance, 2013 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this Act.