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(4) Notwithstanding anything contained in any law for the time being in force, a person shall be disqualified for being a member of any statutory body if he has contested the election for local authority, co-operative society or any statutory body on the seat reserved for any of Scheduled Castes, Scheduled tribes, De-notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward classes or Special Backward Category by procuring a false Caste Certificate as belonging to such Caste, Tribe or Class on such false Caste Certificate being cancelled by the Scrutiny Committee, and any benefits obtained by such person shall be recoverable as arrears of land revenue and the election of such person shall be deemed to have been terminated retrospectively.

11. Now to appreciate these contentions it is necessary to refer to the provisions of Maharashtra Act No. XXIII of 2001. The preamble of the Act states that it is an Act to provide for the regulation of the issuance and verification of caste certificates to the persons belonging to the scheduled castes, scheduled tribes, Denotified tribes (Vimukta Jatis), nomadic tribes, other backward classes and special backward category and for matters connected therewith or incidental thereto. The said Act was published after having received the assent of the President in the Maharashtra Government Gazette on 23rd May, 2001, the State Government issued a notification which was published in the Gazette on 17th October, 2001 and the Act came into force from 18th of October, 2001 as appointed under Section 1(2) therein. Section 2 deals with the definitions of various terms. Section 5 provides with an appeal against an order rejecting an application submitted for caste certificate. Section 6 provides for verification of caste certificate by a scrutiny committee. Section 7 provides for confiscation and cancellation of false caste certificates by the scrutiny committee if the caste certificate was found to be false and the order passed by the scrutiny committee under the Act shall be final and shall not be challenged before any authority or Court except the High Court under Article 226 of the Constitution. Section 8 states that where an inquiry is required to be conducted in the caste claim by the scrutiny committee the burden to prove that a person belongs to a caste, tribe or class shall be on such claimant/applicant. Section 9 bestows powers of Civil Court to the Competent Authority, Appellate Authority and Scrutiny Committee while holding an inquiry into the caste/tribes claim. Section 10 provides for withdrawal of the benefits secured on the basis of the false caste certificate and Section 11 deals with offences and penalties. Section 12 states that offences punishable under Section 11 shall be cognizable and non-bailable and every offence punishable under the Act shall be tried by any Magistrate of First Class in a summary way and provisions of Section 262 except Sub-section (2) to 265, both inclusive, of the Code of Criminal Procedure, shall as far as possible may be applied to such trial. Section 13 provides for penalty for issuing false caste certificate and states that no Court shall take cognizance of an offence punishable under this section except with the previous sanction of the Government. Section 15 provides a bar of jurisdiction of Civil Courts. It would be advantageous to reproduce some of the relevant provisions of the Act.

(4) The Scrutiny Committee shall follow such procedure for verification of the Caste Certificate and adhere to the time limit for verification and grant of validity certificate, as prescribed.

7. Confiscation and cancellation of false Caste Certificate.-- (1) Where, before or after the commencement of this Act, a person not belonging to any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category has obtained a false Caste Certificate to the effect that either himself or his children belong to such Castes, Tribes or Classes, the scrutiny Committee may, suo motu, or otherwise call for the record and enquire into the correctness of such certificate and if it is of the opinion that the certificate was obtained fraudulently, it shall, by an order cancel and confiscate the certificate by following such procedure as prescribed, after giving the person concerned an opportunity of being heard, and communicate the same to the concerned person and the concerned authority, if any.

11. Offences and penalties.-- (1) Whoever --

(a) obtains a false Caste Certificate by furnishing false information or filing false statement or documents or by any other fraudulent means; or

(b) not being a person belonging to any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category secures any benefits or appointments exclusively reserved for such Castes, Tribes, or Classes in the Government, local authority or any other company or Corporation owned or controlled by the Government or in any Government aided institution, or secures admission in any educational institution against a seat exclusively reserved for such Castes, Tribes or Classes or is elected to any of the elective offices of any local authority or Co-operative Society against the office, reserved for such Castes, Tribes or Classes by producing a false Caste Certificate;