Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996
No: 11 Dated: Oct, 01 1996
Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996
(Act No. 11 of 1996)
An Act to provide for and to regulate the issue of Community Certificates to members of the Scheduled Castes and the Scheduled Tribes in the State of Kerala.
Whereas it is considered necessary to devise and provided for a strict procedure for and to regulate the issue of community certificates to members of the Scheduled Castes and the Scheduled Tribes in the State of Kerala ;
And Whereas in order to curb effectively the evil practices of securing such certificates by persons other than those belonging to the Scheduled Castes and Scheduled Tribes for claiming the benefits of reservation and such other benefits meant for the Scheduled Castes and the Scheduled Tribes and to make provisions for prescribing punishment, therefore and to provide for matters connected therewith or incidental thereto;
Be it enacted in the Forty-seventh year of the Republic of India as follows: -
1. Short title, extent and commencement. - (1) This Act may be called the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "appointment in public service" means appointment to a service or post under the State or Central Government and includes appointment to any post of the State or Central Government undertakings;
(b) "appointing authority in relation" to a service or post means the authority empowered to make appointment to such service or post, and includes appointing authorities in respect of the services and posts in connection with the affairs of the Central Government and of the State and Central Government undertakings;
(c) "Community Certificate" means the certificate issued by the competent authority in the prescribed form indicating therein the Scheduled Caste or the Scheduled Tribe, as the case may be, to which a person belongs;
(d) "Competent Authority" means any officer or authority authorised by the Government by notification to perform the functions of the competent authority under this Act, for such areas or for such purposes as may be specified in the notification;
(e) "Co-operative Institution" means a Co-operative Society of Society registered or deemed to be registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969);
(f) "Educational Institution" means any School, College, Polytechnic, Industrial Training Centre, Industrial Training Institute, College of Fine Arts, College of Music, Engineering College, Medical College, Ayurveda College, Homoeopathy College, Dental College, College of Nursing, Nurses Training School, Health Visitors Training School, Colleges under the control o f the Kerala Agricultural University and various Colleges or institutions under the control of any University established by an Act of the State Legislature and any other institution imparting education as may be specified by the Government by notification in the Gazette, from time to time;
(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 and to exercise the powers conferred under sub-section (1) of section 9 and perform such other duties under the control of the Deputy Director (Anthropology) who shall function as the Vigilance Officer of the Vigilance Cell.
(h) "Government" means the Government of Kerala;
(i) "Local authority" means a local authority as defined in Kerala Panchayat Raj Act, 1994 (13 of 1994) or the Kerala Municipalities Act, 1994 (20 of 1994) as the case may be;
(j) "Notification" means a notification published in the Gazette and the word "notified" shall be construed accordingly;
(k) "Prescribed" means prescribed by rules made under this Act.
(l) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in clause (24) and clause (25) of Article 366 of the Constitution of India;
(m) "Screening Committee" means a committee mentioned in section 6;
(n) "Scrutiny Committee" means the committee constituted by the Government by notification under section 8 to perform the functions of the Scrutiny Committee under this Act for such areas or for such purposes as may be specified in the notification;
(o) " Special Court " means a Court of Session specified as a special court under section 21;
(p) "Special Public Prosecutor" means a Public Prosecutor specified by the Government as a Special Public Prosecutor or an advocate, by notification, under section 22.