KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENTS, ETC) (AMENDMENT) RULES, 2000

 

PREAMBLE

In exercise of the powers conferred by Section 13 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 (Karnataka Act 7 of 1991), the Government of Karnataka hereby makes the following rules further to amend the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation' of Appointments, etc.) Rules, 1992, namely.

Rule - 1. Title and commencement.

(1)     These rules may be called the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc) (Amendment) Rules, 2000.

(2)     They shall come into force from the date of their publication in the Official Gazette.

Rule - 2. Amendment of Rule 2.

In Rule 2 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Rules, 1992 (hereinafter referred to as the said rules), in clause (1), in sub-clauses (4) and (5), for the words "means a committee", the words "means a committee and an additional committee" shall be substituted.

Rule - 3. Insertion of new Rules 3-A, 3-B and 3-C.

After Rule 3 of the said rules, the following rules shall be inserted, namely.

"3-A. Issue of Caste Certificate and Income and Caste Certificate.

(1)     Every application for Caste Certificate or Income and Caste Certificate under Section 4-A shall be in Forms A, B or C as may be appropriate accompanied by such document and other materials in support of the claim.

(2)     On receipt of the application the Tahsildar shall verify the information, documents and such other materials furnished by the applicant and on such verification if he is satisfied with the correctness of the information, documents and evidence furnished by the applicant, he shall issue Caste Certificate or Income and Caste Certificate in Forms D, E or F as may be appropriate within two months from the date of receipt of the application.

(3)     Where the Tahsildar is not satisfied with the correctness of the information, documents or other materials furnished by the applicant he shall then proceed to hold enquiry as follows.

(a)      The Tahsildar shall fix the date of enquiry and issue notice to the applicant to appear on the date so fixed along with all documents and other materials which he desires to produce.

(b)      During the course of enquiry he shall examine the school records, birth registration certificate if any, and such other relevant records. He shall examine the applicant if he is present and may also examine the parent/guardian of the applicant and any other person who has the knowledge of the social status of the applicant and parent/guardian:

Provided that in the case of an applicant who belongs to the Scheduled Tribes, the Tahsildar shall also take into' account the anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies and such other matters.

(c)      The Tahsildar shall also, cause to be issued a public notice by beat of drum or any other convenient mode in the village or locality to which the applicant and his parent/guardian belongs. If in response to such notice or otherwise any person or association opposes the claim of the applicant such person or association shall also be given an opportunity to produce evidence during the enquiry.

(d)      The Tahsildar may require the assistance of any officer for the purpose of satisfying himself regarding the genuineness of the claim made by the applicant.

(e)      Where the applicants or parents/guardians are inhabitants in an area which is not within the territorial jurisdiction of the Tahsildar, he may make a reference to the District Social Welfare Officer concerned in the case of persons belonging to the Scheduled Castes and Scheduled Tribes or to the District Officer of Backward Classes, in the case of persons belonging to the Backward Classes, to provide such professional assistance as available with them.

(f)       The Tahsildar may also call for further information, document or material if he deems it necessary.

(g)      The Tahsildar may after holding the enquiry in the manners specified above either issue Caste Certificate or Income and Caste Certificate in Forms D, E or F as may appropriate or reject the claim within a period of two months from the date of receipt of the application.

3-B. Appeal against order under Section 4-A.

On receipt of an appeal under Section 4-B, the Assistant Commissioner may obtain the records from the Tahsildar and after giving an opportunity of being heard to both the parties and making any local enquiry, if necessary, pass an order giving reasons thereof within a period of one month from the date of filing of appeal.

3-C. Validity of the Certificate issued by the Tahsildar.

(1)     The Caste Certificate issued under Section 4-A shall be valid until it is cancelled.

(2)     The Income and Caste Certificate issued under Section 4-A.

(a)      shall be valid till the completion of specific course of studies mentioned below.

                                                                                   (i)        From I to VII Standards;

                                                                                  (ii)        From VIII to X Standards;

                                                                                 (iii)        Pre-University/equivalent, courses including Diploma or other training courses;

                                                                                (iv)        Degree level or equivalent courses including professional courses;

                                                                                  (v)        Postgraduation level courses.

(b)      shall be valid for a period of one year from the date of issue for the purpose of employment and for availing other economic benefits."

Rule - 4. Amendment of Rule 4.

In Rule 4 of the said rules, the following shall be inserted, namely.

"Provided that the State Government may constitute an Additional Caste Verification Committee for any District to verify the Caste Certificate issued in respect of the persons belonging to Scheduled' Castes or Scheduled Tribes which shall consist of the following members, namely.

Rule - 5. Amendment of Rule 5.

In Rule 5 of the said Rules, the following shall be inserted,, namely.

"Provided that the State Government may constitute an Additional Caste and Income Verification Committee for any district to verify the Income and Caste Certificate, issued in respect of persons belonging to Other Backward Classes, which shall consist of the following members, namely.

Rule - 6. Insertion of new Rule 5-A.

After Rule 5 of the said rules, the following shall be inserted, namely.

"5-A. The validity of certificate issued by the Caste Verification Committee.

(1)     The Validity Certificate issued by the Caste Verification Committee in favour of a person belonging to the Scheduled Caste or Scheduled Tribe shall remain valid for the purpose of education and employment until it is cancelled or until the date on which the candidate changes Ms religious faith whichever is earlier.

(2)     The validity certificate issued by the Caste and Income Verification Committee in favour of a person belonging to Category I of the Backward Classes shall remain valid for the purpose of education and employment as long as his caste enjoys reservation without applying creamy layer criteria or until it is cancelled, whichever is earlier."

Rule - 7. Insertion of new Rule 6-A.

After Rule 6 of the said rules, the following shall be inserted, namely.

"6-A. Verification by the Caste and Income Verification Committee.

Caste Verification Committee or as the case may be, the Caste and Income Verification Committee shall refer the application for issue of Validity Certificate to the District Social Welfare Officer concerned of the Social Welfare Department in the case of persons belonging to Scheduled Castes and Scheduled Tribes and to the District Officer for Backward Classes concerned of the Backward Classes Department in case of persons belonging to Other Backward Classes for verification and report after holding local enquiries."

Rule - 8. Substitution of Rule 7.

For Rule 7 of the said rules, the following shall be substituted, namely.

"7. Issue of Validity Certificate.

(1)     After getting a report, on a reference made under Rule 6-A, the Caste Verification Committee and the Caste and Income Verification Committee shall hold an enquiry after giving opportunity to the parties concerned.

(2)     The Committee may examine school records, birth registration certificate if any, and such other relevant materials and may also examine any other person who has the knowledge of the community of the applicant:

Provided that in case of an applicant who belongs to the Scheduled Tribes, the Committee may also examine the anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies and such other matters,

(3)     If on such enquiry the Committee finds that the applicants claim is genuine it may issue the certificate sought for, in Form I-A, but where the committee finds that the applicant obtained the Caste Certificate or Income and Caste Certificate by making a false representation, it shall pass an order rejecting the application indicating the reasons therefor for such refusal. An order under this sub-rule shall be passed within one month from the date of receipt of the application.

(4)     Where the Committee even after the enquiry referred to in sub-rules (2) and (3) finds that the claim is doubtful, and is not in a position to come to a conclusion it shall refer the matter to the Directorate of Civil Rights Enforcement for detailed investigation and report. On receipt of the report from the Directorate of Civil rights enforcement, the Committee shall dispose off the case on merit, after holding such enquiry as it deems fit and after giving the applicant an opportunity of being heard. An order under this sub-rule shall be made within one month from the date of receipt of the application.

(5)     Any person aggrieved by an order of the Caste Verification Committee or Caste and Income Verification Committee may appeal to the Divisional Commissioner. The Divisional Commissioner shall after giving an opportunity of being heard to both the parties pass such order as he deems fit within forty-five days from the date of filing of such appeal."

Rule - 9. Insertion of new Rules 7-A and 7-B.

After Rule 7 of the said rules, the following rule shall be inserted, namely.

"7-A. Prosecution for obtaining false caste certificate.

(1)     The Caste Verification Committee or the Caste and Income Verification Committee, as the case may be and the Divisional Commissioner, shall send a copy of the order rejecting claim of the applicant for grant of Validity Certificate or, as the case may be, a copy of the order in appeal rejecting such claim, to the Directorate of Civil Rights Enforcement.

(2)     The Directorate of Civil Rights Enforcement shall take steps to prosecute such claimant who has obtained a false Caste Certificate.

7-B. Monetary benefits secured on the basis of false caste certificate to be withdrawn.

Any amount paid to any person by the Government or any other agency by way of scholarship, grant, allowances or other financial benefits on the basis of a false Caste Certificate shall without prejudice to any other action, be liable to be recovered front such person."

Rule - 10. Omission of Rule 9-A.

Rule 9-A of the said rules shall be omitted.

Provided that the cases pending before the Scrutinising Committee constituted under Rule 9-A on the date of commencement of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments etc.) (Amendment) Rules, 2000 shall stand transferred to the concerned Caste Verification Committee, and they shall dispose of such cases as if such cases were filed before them.

Rule - 11. Substitution of Rule 10.

For Rule 10 of the said rules, the following shall be substituted, namely.

"10. Authority to take action for contravention of the provisions of the Act etc.

(1)     The authorities to take action for contravention of different provisions of the Act and rules, are the Director of Social Welfare; Director of Tribal Welfare or the Officers authorised by them in respect of Scheduled Castes and Scheduled Tribes and the Director of Backward Classes or the Officers authorised by them in respect of Other Backward Classes (hereinafter referred to as authorised office).

(2)     If the authorised officer has reasons to believe that there has been any violation of the provisions of the Act, rules or the reservation policy of the State, in the matter of admissions or appointments, he shall send a report to the admission authority or appointing authority giving thirty days time, to set right such violation;

(3)     On the failure of the admission authority or appointing authority to set right the violation or to offer satisfactory justification the authorised officer shall declare the appointment or admissions made in violation of the provisions of the Act and Rules, as void:

Provided that before making such a declaration, a reasonable opportunity shall be given to the persons who are likely to be affected thereby.

(4)     On the failure of the admission authority or appointing authority to offer satisfactory justification, the authorised officer may take steps to prosecute such admission authority or appointing authority."

Rule - 12. Amendment of Rule 11.

In Rule 11 of the said rules, after item (ii) of sub-rule (1), the following shall be inserted, namely.

"(iii) all educational institutions also shall maintain a register to show receipt of applications from applicants of different categories in Form No. 3-A."

Rule - 13. Substitution of Rule 12.

For Rule 12 of the said rules the following shall be substituted, namely.

"12. Inspections.

(1)     The Social Welfare Extension Officers/Social Welfare Inspector in respect of Scheduled Castes/Scheduled Tribes and Inspecting Assistants of Backward Classes in respect of Other Backward Classes and any other officer superior to them (hereinafter referred to as the Inspecting Officer), may inspect the records pertaining to the admission or appointments made within their respective jurisdiction.

(2)     It shall be the duty of the admission or appointing authority to produce all records relevant to the admissions or appointments before the inspecting officer when demanded."

Rule - 14. Substitution of Rule 13.

For Rule 13 of the said-rules the following shall be substituted, namely.

"13. Annual Reports.

All appointing authorities and all establishments in public sector shall furnish the annual reports in Form No. 4 in respect of Scheduled Castes/Scheduled Tribes and in Form 5 in respect of Other Backward Classes respectively, before the First day of May every year "and all educational institutions shall furnish annual reports in Form No. 6 in respect of Scheduled Castes/Scheduled Tribes and in Form No. 7 in respect of Other Backward Classes respectively before the First day of September every year to the authorities specified in the Appendix appended to these rules."

Rule - 15. Insertion of new Forms A, B, C, D, E and F.

Before Form 1 of the said rules, the following forms shall be inserted, namely.

 

"FORM A

[See Rule 3-A(1)]

Application of Caste Certificate, in case of persons belonging to Scheduled Castes and Scheduled Tribes

(1)     Name of the applicant

(2)     Name of the parents/Guardian (if parents are not alive) in the case guardian state nature of relationship in the applicant

(3)     (a) Date of Birth of Applicant

(b) Place of birth of parents

(4)     Permanent Address

(5)     Postal Address

(6)     Community/Caste/Tribe of the applicant/parents or guardian

DECLARATION ON OATH

I, ................................. Son/Daughter of............residing at (full address) .....................do hereby solemnly affirm and state on oath as follows.

The candidate, Sri/Smt. ......................... is my Son/Daughter/dependent/ward. I and the candidate belong to Caste/Tribe which is recognised as a Scheduled Caste/Tribe.

This declaration is true to the best of my knowledge, should it, however, be proved to be untrue, I render myself liable to criminal prosecution under Sections 171* and 181** of I.P.C. and to forfeiture of the benefit or concession extended to my son/daughter/dependent/ward in pursuance of this certificate.

Signature of the Candidate

Signature of parent/Guardian

(if the parents are not alive)

Place:

Date:

Place:

Date:

* Furnishing of false information to any public servant entails SIMPLE IMPRISONMENT for a term which may extend to six months, or with fine which may extend to Rs. 1,000/- or both under Section 177, IPC

**False statement on oath or affirmation to public servant or persons authorised to administer oath or affirmation entails punishment with imprisonment which may extend to three years and also imposition of fine under Section 181, IPC.

Note: Candidates are required to produce only the declaration with their applications. The certificate of verification will be obtained by the Head of Institution/concerned Authority,

 

FORM B

[See Rule 3-A(1)]

Application for Caste Certificate in case of Backward Classes Category I

To

The Tahsildar,

.....................Taluk,

.................District.

Sir,

I, ............................ son/daughter/wife/husband of Sri/Smt.................. do hereby submit the following information for issue of caste certificate for claiming the reservation.

(1)     Candidate's Name and Occupation

(2)     Candidate's Native Place Village

Taluk

District

(3)     Date of Birth, Age and Birth Place

(4)     Name and occupation of father/mother/guardian/wife/husband

(5)     Present Address of the Candidate

(6)     Permanent Address of the Candidate

(7)     Candidate's caste/sub-caste and Category (Documents produced)

(8)     Particulars of Primary, Middle and High Schools in which the candidate has studied

Year and Class

Name and Place of the school

SWORN DECLARATION

I solemnly affirm and declare that the above information furnished by me are true to the best of my knowledge

Place:

Date:

Yours faithfully

(Signature of the candidate)

Particulars furnished above are true and in case they are found to be false I am liable for criminal enquiry.

Signature of the father/mother/guardian (If father/mother is not alive)

 

TWO WITNESS OF THE LOCALITY

FORM C

[See Rule 3-A(1)]

Application for Income and Caste Certificate

To

The Tahsildar,

.............Taluk,

.................District.

Sir,

I, ............................ son/daughter/wife/husband of Sri/Smt. ................ do hereby submit the following information for issue of Caste Certificate for claiming the reservation.

(1)     Candidate's Name and Occupation

(2)     Candidate's Native Place Village

Taluk

District

(3)     Date of Birth Age and Birth Place

(4)     Name and occupation of father/mother/guardian/wife/husband (whether occupation is Govt./Semi-Govt./Public Sector/Private one)

(5)     Present Address of the Candidate

(6)     Permanent Address of the Candidate

(7)     Candidate's caste/sub-caste and Category (Documents produced)

(8)     Particulars of Primary, Middle and High Schools in which the candidate has and place studied

Year and Class

Name and Place of the school

(9)     Annual income of the candidate, candidate's father/,other/guardian (If father/mother is not alive) (If in Government/Semi-Government/Public Sector/Private)

                                           (i)            Pay scale

                                          (ii)            Particulars of Land

                                         (iii)            Other sources

(10)   Whether the candidates/father/mother/wife/husband is eligible after by applying creamy layer principle

SWORN DECLARATION

I solemnly affirm and declare that the above information furnished by me are true to the best of my knowledge.

Place:

Date:

Yours faithfully

(Signature of the candidate)

Particulars furnished above are true and in case they are found to be false I am liable for criminal enquiry.

Signature of the father/mother/guardian

(If father/mother is not alive)

TWO WITNESS OF THE LOCALITY

We identify the candidate/father/mother/wife/husband and the signatures.

Signature of the Witness

(with full Address)

1

2

Place:

 

FORM D

(See Rule 3-A(2)(3)]

Form of Certificates to be issued to a candidate belonging to Scheduled Castes or Scheduled Tribes

CERTIFICATE

This to certify that Sri/Smt./Kumari .............................. son/daughter/.....................of village/town*..................in District/Division........................of the State/Union Territory*....................... belongs to the Caste/Tribe* which is recognised as a Scheduled Caste/Scheduled Tribe* under

*The Constitution (Scheduled Castes) Order, 1950

*The Constitution (Scheduled Tribes) Order, 1950

*The Constitution (Scheduled Castes) (Union Territories) Order, 1950

*The Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (As amended by the Scheduled Caste and Scheduled Tribes List (Modification) Order, 1956, the Bombay Reorganisation Act, 1960, the Punjab Reorganisation Act, 1966, the State of Himachal Pradesh) Act, 1970 and the North-Eastern Areas (Reorganisation) Act, 1971).

*The Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956

*The Constitution (Andaman and Nicobar Island) Scheduled Tribes Order, 1959, as amended by the Scheduled Caste and Scheduled Tribes (Amendment) Act, 1976.

*The Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962

*The Constitution (Dadra and Nagar Haveli) Scheduled Tribes Order, 1962

*The Constitution (Pondicherry) Scheduled Castes Order, 1964

*The Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967

*The Constitution (Goa, Daman and Diu) Scheduled Castes/Tribes Order, 1968

*The Constitution (Nagaland) Scheduled Tribes Order

2. Shri/Smt/*Kum.......................... and/or "his/her* family ordinarily reside(s) in Village/Town* .......................... of ........................ District/Division* of the State/Union Territory* of......................................

Signature ..............

Tahsildar .......................

Place:

Date:

Designation

(With seal of office)

State Union Territory*

*Please delete the words which are not applicable.

Note: The term "Ordinarily resides" used here will have the same meaning as in Section 20 of the Representation of the Peoples Act, 1950.

According to the Government of India Letter No. BC 12025/2/76-SCT-I, Ministry of Home Affairs, in order to be competent to issue such certificates, therefore, the authority mentioned in the Government of India (Department of Personnel and Administrative Reforms) Letter No. 13-2-74-EST-(SCT), dated the 5th August, 1975, should be the one concerned with the locality in which the person applying for the certificate had his place of permanent abode at the time of the Notification of the relevant Presidential Order. Thus the Revenue Authority of one Taluk would not be competent to issue such a certificate in respect of persons belonging to another Taluk.

 

FORM E

[See Rule 3-A(2)(3)]

Certificate to be issued to a candidate belonging to Backward Classes

Certified that Sri/Smt/Kumari..................son/daughter/wife/husband of Sri/Smt........................resident of................Village/Town/City belongs to sub-caste .................... of Caste (Category .................) of the Backward Classes.

Place:

Date:

Tahsildar

 ............. Seal

Office Seal.

 

FORM F

[See Rule 3-A(2)(3)]

Income and Caste Certificate to be issued to candidates belonging to Backward Classes other than Category I

Certified that Sri/Smt./Kum............................... son/daughter/wife of Sri/Smt. ..................... residing at ................... and his/her parents/guardian/wife/husband does not come within the purview of creamy layer specified in Government Orders No. SWD, 150. BCA.94, dated 17-94994 and No. SWD 251 BCA 94, dated 31-5-1995.

Either the applicant or his/her parents/guardian/wife/husband is not Class I or Class II Officer in the service of the Government; or

Does not hold an equivalent post in Public Sector Undertaking; or

Is not an employee under a Private Employer and drawing a salary which is not less than that of a Class II Officer (initial stage of the pay scale of Rs. 6000-11200/-)

OR

His/her parents/guardian/husband/wife is hot an income-tax assessee or wealth tax assessee;

OR

His/her parent/guardian/wife/husband is not assessed to sales tax or his/her parents/guardian/wife/husband or both together own more than 8 hectares of rainfed or dry land or its equivalent.

Sri/Smt./Kum.......................belongs to category ............. of Backward Classes.

Place:

Date:

Tahsildar

..............Taluk

(Office seal)."

Rule - 16. Insertion of new Form 3-A.

After Form 3 of the said rules the following form shall be inserted, namely.

 

"FORM 3-A

Register showing the year-wise receipt of applications for admissions from students of different categories

 

Signature."

Rule - 17. Substitution of Form No. 7.

For Form 7, of the said rules, the following shall be substituted, namely.

 

"FORM 7

[See Rule 13]

Reservation of Seats for Backward Classes in Admission

 

 

 

APPENDIX

Submission of Annual Reports