Section 16 in Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996
16. Benefits secured on the basis of false community certificates to be withdrawn.
(1)Whoever not bring a person belonging to any of the Scheduled Caste or the .Scheduled Tribes secures admission in any educational institution against a seat reserved for such Castes or Tribes or secures any appointment in the Government, Government Undertakings, Local Authority or in any other Company or Corporation owned or controlled by the Government or in any aided institution against a post reserved for such Castes or Tribes or enjoys any other benefit intended exclusively for such Castes or the Tribes by producing a false community certificate shall, on cancellation of the false community certificate, be removed by cancelling the irregular admission in the concerned educational institution or, as the case may be, removed from the said service forthwith and any other benefit enjoyed by him as aforesaid shall be withdrawn forthwith.(2)Any amount paid to such person by the Government or any other agency by way of scholarship, grant, allowance, stipend or any other financial benefit shall be recovered as if it is an arrear of public revenue due on land.(3)Any degree, diploma or any other educational qualification acquired by such person after securing admission in any educational institution on the basis of a false community certificate shall also stand cancelled on cancellation of the community certificate obtained by him.(4)The Competent Authority or the State Government may also order appropriate measures to prevent such person from further enjoying the benefits of the Scheduled Castes or the Scheduled Tribes, including substitution of the real caste name of such person in the public records, f or the false Scheduled Caste or Scheduled Tribe name.(5)Whoever not being a person belonging to any of the Scheduled Castes or the Scheduled Tribes secures and benefit reserved for Scheduled Castes or the Scheduled Tribes other than those mentioned in section 17 by producing a false Community Certificate shall on conviction, be punishable with rigorous imprisonment for a term which shall not be less than six months but which may extent up to two years and with fine which shall not be less than one thousand rupees but which may extent upto five thousand rupees:Provided that the court may, for adequate and special reasons to be reordered in the judgement, impose a sentence of imprisonment for a lesser term or fine.
