ORDINANCE NO.55 OF 2007
THE KERALA (SCHEDULED CASTES AND SCHEDULED TRIBES)
REGULATION OF ISSUE OF COMMUNITY CERTIFICATES
(AMENDMENT) ORDINANCE, 2007
Promulgated by the Governor of Kerala in the Fifty-eighth Year of the Republic of India.
AN
ORDINANCE
to amend the Kerala (Scheduled Castes and Scheduled Tribes ) Regulation of Issue of Community Certificates Act, 1996.
Preamble.- WHEREAS, the Kerala (Scheduled Castes and Scheduled Tribes ) Regulation of Issue of Community Certificates(Amendment) Ordinance, 2007 (4 of 2007) was promulgated by the Governor of Kerala on the 18th day of August, 2006;
AND WHEREAS, a Bill to replace the Ordinance No.4 of 2007 by an Act of the State Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on 2nd day of March, 2007 and ended on the 29th day of March, 2007;
AND WHEREAS, in order to keep alive the provisions of the said Ordinance the Kerala (Scheduled Castes and Scheduled Tribes ) Regulation of Issue of Community Certificates(Amendment) Ordinance, 2007 (39 of 2007) was promulgated by the Governor of Kerala on the 30th day of March, 2007;
AND WHEREAS, a Bill to replace the said Ordinance No.39 of 2007 by an Act of the State Legislature could not be introduced in and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 19th day of June, 2007 and ended on the 26th day of July, 2007;
AND WHEREAS, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the said Ordinance will cease to operate on the 31st day of July, 2007;
AND WHEREAS, difficulties will arise if the provisions of the said Ordinance are not kept alive;
AND WHEREAS, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstance exist which render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-
1. Short title and commencement.- (1) This Ordinance may be called the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community certificates (Amendment) Ordinance, 2007.
(2) It shall be deemed to have come into force on the 1st day of February, 2007.
2. Act 11 of 1996 to be temporarily amended.- During the period of operation of this Ordinance, the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (11 of 1996), (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3 to 11.
3. Amendment of section 2.- In section 2 of the principal Act, for clause (g), the following clause shall be substituted, namely:-
"(g) 'Expert Agency' means an officer or team of officers belonging to the Anthropological Wing in the Kerala Institute for Research, Training and Development Studies for Scheduled Castes and Scheduled Tribes (KIRTADS) of the Scheduled Castes and Scheduled Tribes Development Department of the Government, entrusted with the research, training and developmental studies of the Scheduled Castes and Scheduled Tribes under the control of the Deputy Director (Anthropology) who shall function as the Vigilance Officer of the Vigilance Cell and exercise the powers conferred under sub- section (1) of section 9 and perform such other duties.".
4. Insertion of new section 6A.- After section 6 of the principal Act, the following section shall be inserted, namely:-
"6A. Cancellation of Community certificate issued earlier.- Notwithstanding anything contained in any other provisions of this Act or in any judgment, decree or order of any court, the rejection of an application for caste certificate by the competent authority under sub-section (1) of section 5 and the rejection 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 after verification found that the certificate has been obtained falsely, or wrongly, or fraudulently and consequently the Scheduled Castes and Scheduled Tribes claim of the individual is rejected, the rejection shall also be treated as cancellation of the certificate.".
5. Insertion of new section 8A.- After section 8 of the principal Act, the following section shall be inserted, namely:-
"8A.Community Certificates, if found bogus, to be cancelled.- (1) 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, with request to cancel the appointment or admission.
(2) Whenever an intimation is received under sub-section (1), the appointing authority or 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 and debar him from continuing in office or studying further.".
6. Amendment of section 9.- In section 9 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) The report of the Expert Agency shall be conclusive proof for or against the Scheduled Castes or Scheduled Tribes claim, as the case may be, of the person reported upon, unless found contrary by the Scrutiny Committee, after due procedure.".
7. Amendment of section 11.- In section 11 of the principal Act,-
(i) in sub-section (1) after the word "fraudulently" the words "or falsely or wrongly" shall be inserted;
(ii) after sub-section (3), the following sub-section shall be inserted, namely:-
"(4) An order passed by the Scrutiny Committee shall be final and conclusive. No suit or appeal shall lie against the order passed by the Scrutiny Committee.".
8. Amendment of section 12.- In section 12 of the principal Act, sub-section (3) shall be omitted.
9. Insertion of new section 15A.- Aftersection 15 of the principal Act, the following section shall be inserted, namely:-
"15A. Penalty for getting a false community certificate by a Scheduled Caste member as Scheduled Tribe and vice versa.- Whoever belonging to any of the Scheduled Castes obtains falsely a community certificate that he belongs to any of the Scheduled Tribes or whoever belonging to any of the Scheduled Tribes obtains falsely a community certificate that he belongs to any of the Scheduled Castes, 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.".
10. Insertion of new section 16A.- After section 16 of the principal Act, the following section shall be inserted, namely:-
"16A. Deferment of pensionery benefits.- Notwithstanding anything contained in any other provisions of this Act 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 false Community 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 pensionery benefits of the incumbent pending final disposal by the Government or the Scrutiny Committee.".
11. Validation.- Notwithstanding anything contained in the principal Act, or in any other law for the time being in force or in any judgment, decree or order of any court, any order passed by the Scrutiny Committee constituted by notification G.O.(P) No.16/95/SCSTDD dated the 8th May, 1995 consequent to the judgment dated the 2nd September, 1994 of the Supreme Court of India in Civil Appeal No. 5854/1994 during the period from 8th May, 1995 to the 24th day of April, 2002 shall be deemed to have been issued under the provisions of the principal Act, as amended by this Ordinance and accordingly anything done or any action taken by the Scrutiny Committee constituted on the 8th May, 1995 in the purported exercise of the powers conferred by or under the principal Act shall not be deemed to be invalid on the ground that the Scrutiny Committee had not been constituted under the provisions of the principal Act.
12.Repeal and Saving.-(1) The Kerala (scheduled Castes and Scheduled Tribes) regulation of Issue of Community Certificates (Amendment) Ordinance, 2007 (39 of 2007) is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Ordinance.
GOVERNOR
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