State of Maharashtra - Act
Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of issuance and verification of) Caste Certificate Act, 2000
MAHARASHTRA
India
India
Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of issuance and verification of) Caste Certificate Act, 2000
Act 23 of 2001
- Published on 31 March 2000
- Commenced on 31 March 2000
- [This is the version of this document from 31 March 2000.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In this Act, unless the context otherwise requires,-3. Application for a Caste Certificate.
- Any person belonging to any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category, required to produce a Caste Certificate in order to claim the benefit of any reservation provided to such Castes, Tribes or Classes, either in any public employment or for admission into any educational institution, or any other benefit under any special provisions made under clause (4) of Article 15 of the Constitution of India or for the purpose of contesting for elective post in any local authority or in the Co-operative Societies; or for purchase or transfer of land from a tribal land-holder or any other purposes specified by the Government, shall apply in such form and in such manner as may be prescribed, to the Competent Authority for the issue of a Caste Certificate.4. Caste Certificate to be issued by Competent Authority.
4A. [ Temporary provisions for admission in certain professional courses for academic year 2018-2019. [Inserted by Maharashtra Act No. 46 of 2018, 27.7.2018.]
5. Appeal.
6. Verification of Caste Certificate by Scrutiny Committee.
7. Confiscation and cancellation of false Caste Certificate.
8. Burden of proof.
- Where an application is made to the Competent Authority under section 3 for the issue of a Caste Certificate in respect of Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category and in any enquiry conducted by the Competent Authority and Scrutiny Committee or the Appellate Authority under this Act or any trial of offence under this Act, the burden of proving that the person belonged to such Caste, Tribe or Class shall be on such claimant applicant.9. Civil Court powers to Competent Authority, Appellate Authority, and Scrutiny Committee.
- The Competent Authority, the Appellate Authority and the Scrutiny Committee shall, while holding an enquiry under this Act, 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 matter, namely:-10. Benefits secured on the basis of false Caste Certificate to be withdrawn.
11. Offences and penalties.
12. Offences under Act to be cognisable and non-bailable.
- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 -13. Penalty for issuing false Caste Certificate.
14. Penalty for abatement.
- Whoever abets any offence punishable under this Act shall be punished with the punishment provided for in this Act for such offence.15. Bar of jurisdiction of Civil Courts.
- No Civil Court shall have jurisdiction to entertain, to continue or to decide any suit or proceeding or shall pass any decree or order or execute wholly or partially any decree or order; if the claim involved in such suit or proceeding, or if the passing of such decree or order or if such execution would in any way be contrary to the provisions of this Act.16. Protection for acts done in good faith.
- No suit, prosecution or other legal proceedings shall lie against any person for anything which is done in good faith or intended to be done in pursuance of this Act or the rules made thereunder.17. Provisions of this Act to be in addition to any other law for time being in force.
- The provisions of the Act shall be in addition to the provisions of any other law for the time being in force.18. Power to make rules.
19. Power to remove difficulties.
2. Each Scrutiny Committee shall consist of the following members, namely:-
| (1) Additional Commissioner (Revenue) | Chairperson |
| (2) Divisional Social Welfare Officer | Member |
| (3) Research Officer (Special District Social WelfareOfficerof the District at Divisional Head Quarter) | Member Secretary |