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 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 Act No. 23 of 2001

MH242

LEGISLATIVE HISTORY 6

For Statement of Objects and Reasons, see Maharashtra Government Gazette, Part-V-A, Extraordinary, dated the 31st March 2000, page 178

(This Act received the assent of the President on the 16th May 2001; assent was first published in the Maharashtra Government Gazette, Extraordinary, Part IV on the 23rd May 2001)

An act to provide for the regulation of the issuance and verification of the 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 matter connected therewith or incidental thereto.

Whereas it is expedient to provide for the regulation of the issuance and verification of the Caste Certificates to the persons belonging to the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category and for matters connected therewith or incidental thereto; It is hereby enacted in the Fifty-first Year of the Republic of India as follows:-

1. Short title and commencement. - (1) This Act may be called the 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.

(2) It shall come into force on such date, as the State Government may, by notification in the [Official Gazette,] appoint.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "Caste Certificate" means the certificate issued by the Competent Authority to an applicant indicating therein the Scheduled Caste, Scheduled Tribes, De-notified Tribe (Vimukta Jatis), Nomadic Tribe, other Backward Class or Special Backward Category, as the case may be, to which such applicant belongs;

(b) "Competent Authority" means a officer or authority authorized by the 'Government, by notification in the Official Gazette, to issue a Caste Certificate, for such area or for such purposes as may be specified in the said notification and shall include all the Competent Authorities already designated by the Government before the coming into force of this Act, having jurisdiction over the area or place to which the applicant originally belongs, unless specified otherwise;

(d) "Educational Institution" means any School, Junior College, Degree College, College of Education, Polytechnic, Industrial Training Institute, College of Fine Arts and Architecture, College of Music and Dance, Engineering College, Agricultural College, Veterinary College Medical College, Dental College, Ayurvedic College, Homoeopathic College, Unani College, Nurses Training School, Health Visitors Training School, Vocational Training Institution, Deemed University, Open University and various colleges under the control of any University established by or under an Act of the State Legislature and such other Institution, by whatever name called, which is carrying on (either exclusively or among other activities) the activity of imparting education as may be notified by the Government from time to time;

(e) "Government" means the Government of Maharashtra;

(f) "Local Authority" means in relation to local areas comprised within the jurisdiction of a Municipal Corporation, the concerned Municipal Corporation and in relation to any other local area in the State, the concerned Municipal Council, Zilla Parishad, Panchayat Samiti, Industrial Township, Nagar Panchayat or Village Panchayat, having the jurisdiction over such local area;

(g) "Nomadic Tribes" means tribes wandering from the place to place in search of their livelihood as declared by Government from time to time;

(h) "Other Backward Classes" means any Socially and Educationally Backward Classes of citizens as declared by the Government and includes other Backward Classes declared by Government of India in relation to the State of Maharashtra;

(i) "prescribed" means prescribed by rules made by the Government under this Act;

(j) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in the clause (24) and clause (25) of Article 366 of the Constitution of India;

(k) "Scrutiny Committee" means the Committee or committees constituted under sub-section (1) of section 6 for the Scheduled Castes. Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, other Backward Classes or Special Backward Category for verification of the Caste Certificate and to perform the function of Scrutiny Committee under this Act;

(l) "Special Backward Category" means Socially and Educationally Backward Classes of citizens declared as a Special Backward Category by Government.

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. - (1) The Competent Authority may, on an application made to it under section 3, after satisfying itself about the genuineness of the claim and following the procedure as prescribed, issue a Caste Certificate within such time limit and in such form as may be prescribed or reject the application for reasons to be recorded in writing.

(2) A Caste Certificate issued by any person, officer or authority other than the Competent Authority shall be invalid. The Caste Certificate issued by the Competent Authority shall be valid only subject to the verification and grant of validity certificate by the Scrutiny Committee.

[4A. Temporary provisions for admission in certain professional courses for academic year 2018-2019. - (1) The provisions of this section shall apply in respect of admission to the professional courses for the academic year 2018-2019.

(2) Notwithstanding anything contained in this Act, a person possessing a caste certificate and who has applied for or on whose behalf an application is made by the educational institution for verification of caste Certificate and issue of validity certificate, and the same is pending before the Scrutiny Committee shall be eligible for participating in the admission process on the basis of Caste Certificate, subject to the following conditions, namely:-

(i) he shall produce a proof to the effect that he has made an application for issue of validity certificate to the Scrutiny Committee or that such application has been made on his behalf to the Scrutiny Committee;

(ii) he shall produce his validity certificate to the admission authorities on or before such date as may be specified by the Admissions Regulating Authority in consultation with the State Government:

Provided that, the date referred to in clause (ii) shall be before the date of closure of admission process in respect of the admission to the concerned professional course for the academic year 2018-2019.

(3) Upon failure to produce validity certificate on or before such date specified by the admissions Regulating Authority under sub-section (2), the provisional admission secured, if any, against reserved seat, shall be deemed to be cancelled.

(4) Nothing in sub-section (3) shall be construed as preventing the relevant authority for considering such person eligible for admission to the professional course, from the open category in accordance with the law for the time being in force.

Explanation. - For the purposes of this section, the term,-

(i) "admission process" means the admission process for the professional courses;

(ii) "professional course" means the educational course of study notified as professional course under the provisions of the Maharashtra Unaided Private Professional Education Institutions (Regulation of Admissions and Fees) Act, 2015 or any other law for the time being in force;

(iii) "Admissions Regulating Authority" Means the Authority constituted by the Government under the provisions of the said Act of 2015.]

5. Appeal. - (1) Any person aggrieved by an order of rejection of application passed by the Competent Authority under sub-section. (1) of section 4 may, within 30 days from the date of receipt of order, appeal to the Appellate Authority specified by the Government by notification in the Official Gazette.

(2) The Appellate Authority may within a period of three months, after giving the appellant an opportunity of being heard and after satisfying itself about the genuineness or otherwise of the claim of the appellant either confirm the rejection order, or set aside the order of the Competent Authority and direct the Competent Authority to issue the caste certificate.

6. Verification of Caste Certificate by Scrutiny Committee. - (1) The Government shall constitute by notification in the Official Gazette, one or more Scrutiny Committee(s) for verification of Caste Certificates issued by the Competent Authorities under sub-section (1) of section 4 specifying in the said notification the functions and the area of jurisdiction of each of such Scrutiny Committee or Committees.

(2) After obtaining the Caste Certificate from the Competent Authority, any person desirous of availing of the benefits or concessions provided to the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category for the purposes mentioned in section 3 may make an application, well in time, in such form and in such manner as may be prescribed, to the concerned Scrutiny Committee for the verification of such Caste Certificate and issue of a validity certificate.

(3) The appointing authority of the Central or State Government, local authority, public sector undertakings, educational institutions, Co-operative Societies or any other Government aided institutions shall, make an application in such form and in such manner as may be prescribed by the Scrutiny Committees for the verification of the Caste Certificate and issue of a validity certificate, in case a person selected for an appointment with the Government, local authority, public sector undertakings, educational institutions, co-operative societies or any other Government aided institutions who has not obtain such certificate.

(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 tribe (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 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.

(2) The order passed by the Scrutiny Committee under this Act shall be final and shall not be challenged before any authority or court except the High Court under Article 226 of the Constitution of India.

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:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(d) requisitioning any public record or copy thereof from any Court or officer; and

(e) issuing Commissions for the examination of witnesses or documents.

10. Benefits secured on the basis of false Caste Certificate to be withdrawn. - (1) Whoever not being a person belonging to any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes of Special Backward Category secures admission in any educational institution against a seat reserved for such Castes, Tribes or Classes, or secures any appointment in the Government, local authority or in any other company or corporation, owned or controlled by the Government or in any Government aided institution or co-operative society against a post reserved for such Castes, Tribes or Classes by producing a false Caste Certificate shall, on cancellation of the Caste Certificate by the Scrutiny Committee, be liable to be debarred from the concerned educational institution, or as the case may be, discharged from the said employment forthwith and any other benefits enjoyed or derived by virtue of such admission or appointment by such person 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 or other financial benefit shall be recovered from such person as an arrears of land revenue.

(3) Notwithstanding anything contained in any Act for the time being in force, any Degree, Diploma or any other educational qualification acquired by such person after securing admission in any educational institution on the basis of a Caste Certificate which is subsequently proved to be false shall also stand cancelled, on cancellation of such Caste Certificate by the Scrutiny Committee.

(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. 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 fase Caste Certificate; shall, on conviction, be punished, with rigorous imprisonment for a term which shall not be less than six months but which may extend upto two years or with fine which shall not be less than two thousand rupees, but which may extend upto twenty thousand rupees or both.

(2) No court shall take cognizance of an offence punishable under this section except upon a complaint, in writing, made by the Scrutiny Committee or by any other officer duly authorised by the Scrutiny Committee for this purpose.

12. Offences under Act to be cognisable and non-bailable. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 -

(a) offences punishable under section 11 shall be cognizable and non-bailable;

(b) every offence punishable under this Act, shall be tried by any Magistrate of First Class in a summary was and provisions of sections 262 except subsection (2) to 265 both inclusive of this Code, shall as far as possible may be applied to such trial.

13. Penalty for issuing false Caste Certificate. - (1) Any person or authority performing the functions of Competent Authority under this Act, who intentionally issues a false Caste Certificate, shall on conviction, be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend upto two years or with fine which shall not be less than two thousand rupees, but which may extend upto twenty thousand rupees or both.

(2) No court shall take cognizance of an offence punishable under this section except with the previous sanction of the Government.

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. - (1) The Government may, subject to the previous publication, by notification in the Official Gazette, make rules to carry out all or any of the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both House agree in making any modification in the rule of both House agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, have effect only in such modified for or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

19. Power to remove difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of State Legislature.

Notifications

G.N. T. D. D. No. STC. 1001/CR-27/D-X, dated 17th October, 2001 (M. G. Part IV-B, page 2) - In exercise of the powers conferred by sub-section (2) of section 1 of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Maharashtra Act No. XXIII of 2001) the Government of Maharashtra hereby appoints the 18th day of October 2001 to be the date on which the said Act shall come into force.

G.N. S.J. & S.A.D. No. CBC. 10/2006/CR-456/BCW-V, dated 3rd October, 2006 (M. G. Part IV-B, page 4) - In exercise of the powers conferred by sub-section (1) of section 6 of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. (Maharashtra Act No. XXIII of 2001), the Government of Maharashtra hereby constitutes seven Scrutiny Committees one each at Mumbai, Pune, Nashik, Nagpur, Amravati, Aurangabad and Latur, for verfiction of Caste Certificates issued by the Competent Authority under sub-section (1) of section 4 of the said Act, in addition to the existing Scrutiny Committees functional at each revenue Divisional headquarters.

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 Welfare Officer of the District at Divisional Head Quarter)	Member Secretary

3. The area of jurisdiction of each of the Scrutiny Committees shall be as specified in the Schedule appended to this notification.

Schedule

Security Committee (1)	Area of Jurisdiction (2)
Mumbai Division Scrutiny Committee-I (Existing)	Mumbai City, Mumbai Suburban & Thane District
Mumbai Division Scrutiny Committee-II	Raigad, Ratnagiri & Sindhudurg District
Pune Division Scrutiny Committee-I (Existing)	Pune, Satara & Solapur District
Pune Division Scrutiny Committee-II	Sangli & Kolhapur District
Nashik Division Scrutiny Committee-I (Existing)	Nashik, Nandurbar & Dhule District
Nashik Division Scrutiny Committee-II	Jalgaon & Ahmadnagar Distrirct
Amravati Division Scrutiny Committee-I (Existing)	Amravati, Akola & Yeotmal District
Amravati Division Scrutiny Committee-II	Buldhana & Washim District
Nagpur Division Scrutiny Committee-I (Existing)	Nagpur, Wardha & Bhandara District
Nagpur Division Scrutiny Committee-II	Chandrapur, Gondia & Gadchiroli District
Aurangabad Division Scrutiny Committee-I (Existing)	Aurangabad, Jalana & Beed District
Aurangabad Division Scrutiny Committee-II	Parbhani & Hingoli District
Aurangabad Division Scrutiny Committee-III	Osmanabad, Latur & Nanded District

G. N. T. D. D. No. S T C. 1006/CR.112 1D-X, dated 12th July, 2006 (M.G. Part IV-B, page 950) - In exercise of the powers conferred by sub-section (1) of section 6 of the 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 XXII of 2001), the Government of Maharashtra, hereby amends the Government Notification, Tribal Development Department, No. STC. 1001/CR-27 (Part-II)/D-X, dated the 4th June 2003, (hereinafter referred to as "the said notification"), as follows :-

In the said notification,-

(a) in clause (1), in sub-clause (1), in entry (2), for the words "Additional Commissioner for Tribal Development, Thane" the words "Joint Commissioner; Thane" shall be substituted;

(b) in clause (1), in sub-clause (2), in entry (2), for the words "Additional Commissioner for Tribal Development, Nasik" the words "Joint Commissioner, Nasik" shall be substituted;

(c) in clause (1), in sub-clause (3), in entry (2), for the words "Joint Director, Tribal Research and Training Institute, Pune" the words "Joint Commissioner, Pune" shall be substituted;

(d) in clause (1), in sub-clause (4), in entry (2), for the words "Joint Director; Tribal Research and Training Institute, Pune" the words "Joint Commissioner, Aurangabad" shall be substituted;

(e) in clause (1), in sub-clause (5), in entry (2), for the words "Additional Commissioner for Tribal Development, Amaravati" the word "Joint Commissioner, Amaravati" shall be substituted;

(f) in clause (1), in sub-clause (6), in entry (2), for the words "Additional Commissioner for Tribal Development, Nagpur" the words "Joint Commissioner, Nagpur" shall be substituted.

G. N. S. J & S. A. D. No. CBC. 10/2006/CR-332/ BCW.V, dated 1st September, 2007 (M.G. Part IV-B, page 1279) - In exercise of the powers conferred by sub-section (1) of section 6 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta latis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate) Act, 2000 (Maharashtra XXIII of 2001), the Government of Maharashtra, hereby constitutes Fifteen Scrutiny Committees instead of presently working Thirteen Scrutiny Committees as per Revenue Divisional Head Quarters at Mumbai, Pune, Nashik, Nagpur, Amravati and Aurangabad, for verification of Caste Certificates issued by the Competent Authority under sub-section (1) of section 4 of the said Act.

2. Each Scrutiny Committee shall consist of the following members, namely:-

(1) Divisional Commissioner/Additional Commissioner (Revenue)/Additional Collector (I.A.S.)	Chairperson.
(2) Divisional Social Welfare Officer	Member.
(3) Research Officer (Special District Social Welfare Officer of the District at Divisional Head Quarter)	Member-Secretary.

3. The area of jurisdiction of each of the Scrutiny Committees shall be as specified in the Schedule appended to this notification.

Schedule

Sr No. (1)	Name of Division (2)	Committee No. (3)	Chairperson (4)	Area of Jurisdiction (5)
1	Konkan (Mumbai) Division	Committee No. 1	Divisional Commissioner (Revenue)	Mumbai City and Thane District
2	Konkan (Mumbai) Division	Committee No. 2	Additional Commissioner (Revenue)	Raigad, Ratnagiri and Sindhudurg District
3	Mumbai Division	Committee No. 3	Additional Collector (I.A.S.) Mumbai Suburban	Mumbai Suburban
4	Pune Division	Committee No. 1	Divisional Commissioner (Revenue)	Satara and Solapur District
5	Pune Division	Committee No. 2	Additional Commissioner (Revenue)	Sangli and Kolhapur District
6	Pune Division	Committee No. 3	Additional Collector (I.A.S.) (Pune)	Pune District
7	Nashik Division	Committee No. 1	Divisional Commissioner (Revenue)	Nashik, Nandurbar and Dhule District
8	Nashik Division	Committee No. 1	Additional Commissioner (Revenue)	Jalgaon and Ahmadnagar District
9	Amravati Division	Committee No. 1	Divisional Commissioner (Revenue)	Amravati, Akola and Yeotmal District
10	Amravati Division	Committee No. 2	Additional Commissioner (Revenue)	Buldhana and Washim District
11	Nagpur Division	Committee No. 1	Divisional Commissioner (Revenue)	Wardha and Bhandara District
12	Nagpur Division	Committee No. 2	Additional Commissioner (Revenue)	Chandrapur, Gondia And Gadchiroli District
13	Nagpur Division	Committee No. 3	Additional Collector (I.A.S.) (Nagpur)	Nagpur District
14	Aurangabad Division	Committee No.1	Divisional Commissioner (Revenue)	Aurangabad, Jalna, Beed and Parbhani District
15	Aurangabad Division Scrutiny Committee-II	Committee No. 2	Additional Commissioner (Revenue)	Osmanabad, Latur, Nanded and Hingoli District (Head Quarter at Latur)

* Head Quarter of Caste Scrutiny Committee No. II will be Latur for the purpose of Verification of Caste Certificate of Osmanabad, Latur, Nanded and Hingoli Districts.

G. N. S. J. & S. A . D. No. CBC. 10/2007/CR-378/BCW-V dated 14th September, 2007 (M. G. Part IV-B, page 4) - In exercise of the powers conferred by sub-section (1) of section 6 of the 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 XXIII of 2001), and in supersession of the Government Notification, Social Justice and Special Assistance Department No. CBC-10/2006/C.R. 456/ BCW-V, dated 3rd October 2006 and Government Notification, Social Justice and Special Assistance Department No. CBC-10/2006/C.R.332/BCW-V, Dated 1st September 2007, the Government of Maharashtra, hereby constitutes fifteen Scrutiny Committees as per the Revenue Divisional Head Quarters at Mumbai, Pune, Nashik, Nagpur, Amravati and Aurangabad, as specified in the Schedule appended hereto, for verification of Caste Certificates issued by the Competent Authorities under sub-section (1) of section 4 of the said Act.

2. Each Scrutiny Committee shall consist of the following members namely:-

(1) Divisional Commissioner/ Additional Commissioner (Revenue)/Additional Collector (I.A.S.)	Chairperson.
(2) Divisional Social Welfare Officer	Member
(3) Research Officer/Special District Social Welfare Officer of the District at the Head Quarter of the Scrutiny Committee, as specified in column (6) of the schedule.	Member-Secretary

3. The area of jurisdiction of each of the Scrutiny Committees shall be as specified in the Schedule appended to this notification.

Schedule

Sr No. (1)	Name of Division (2)	Committee No. (3)	Chairperson (4)	Area of Jurisdiction (5)	Head Quarter (6)
1	Konkan (Mumbai) Division	Committee No. 1	Divisional Commissioner (Revenue)	Mumbai City and Thane District	Konkan Bhavan
2	Kohkan (Mumbai) Division	Committee No. 2	Additional Commissioner (Revenue)	Raigad, Ratnagiri and Sindhudurg District	Ratnagiri
3	Mumbai Division	Committee No. 3	Additional Collector (I.A.S.) Mumbai Suburban	Mumbai Suburban District	Mumbai Suburban (Bandra)
4	Pune Division	Committee No. 1	Divisional Commissioner (Revenue)	Satara and Solapur District	Pune
5	Pune Division	Committee No. 2	Additional Commissioner (Revenue)	Sangli and Kolhapur District	Kolhapur
6	Pune Division	Committee No. 3	Additional Collector (I.A.S.), Pune	Pune District	Pune
7	Nashik Divisio	Committee No. 1	Divisional Commissioner (Revenue)	Nashik and Ahmadnagar District	Nashik
8	Nashik Division	Committee No. 2	Additional Commissioner (Revenue)	Jalgaon, Nandurbar and Dhule District	Dhule
9	Amravati division	Committee No. 1	Divisional Commissioner (Revenue)	Amravati and Yeotmal District	Amravati
10	Amravati Division	Committee No. 2	Additional Commissioner (Revenue)	Akola, Buldhan and Washim District	Akola
11	Nagpur Division	Committee No. 1	Divisional Commissioner (Revenue)	Wardha, Gondia and Bhandara District	Nagpur
12	Nagpur Division	Committee No. 2	Additional Commissioner (Revenue)	Chandrapur and Gadchiroili Distric	Chandrapur
13	Nagpur Division	Committee No. 3	Additional Collector (I.A.S.), Nagpur	Nagpur District	Nagpur
14	Aurangabad Division	Committee No. 1	Divisional Commissioner (Revenue)	Aurangabad, Jalna, Beed and Parbhani District	Aurangabad
15	Aurangabad Division	Committee No. 2	Additional Commissioner (Revenue)	Osmanabad, Latur, Nanded and Hingoli District	Latur

G. N. S. J. & S.A. D. NO. CBC. 10/2007.CR-378/ BCW-V, dated 29th October, 2007 (M. G. Part IV-B, page 1646) - Whereas, under the Government Notification, Social Justice and Special Assistance Department No. CBC. 10/2007/C.R. 378.BCW-2, dated the 14th September, 2007, the Government of Maharashtra, in exercise of the powers conferred by sub-section (1) of section 6 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notification Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate) Act, 2000 (Maharashtra XXIII of 2001), constituted Fifteen Scrutiny Committees for Verification of Caste Certificate issued by the Competent Authority under the said Act; and the area of jurisdiction of each of the Scrutiny Committees was specified in the Schedule appended to the said Notification:

And Whereas, the Government of Maharashtra has now decided to bring the District Raigad in the area of jurisdiction of Scrutiny Committee No.1 in the Konkan (Mumbai) Division for the purpose of Verification of Caste Certificate under the said Act.

Now therefore, in exercise of the powers conferred by sub-section (1) of section 6 of the 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 XXIII of 2001), the Government of Maharashtra hereby specifies the area of jurisdiction of Scrutiny Committee No. 1 in the Konkan (Mumbai) Division for the purpose of Verification of Caste Certificate under the said Act; and for that purpose amends the Government Notification, Social Justice and Special Assistance Department No. CBC.10/2007/ C.R.378/ BCW-V, dated the 14th September 2007, as follows, namely:-

In the Schedule of the said notification:-

(i) in entry 1, in column (5), for the words "Mumbai City and Thane District" the words "Mumbai City, Raigad and Thane District" shall be substituted;

(ii) in entry 2, in column (5), the word "Raigad" shall be deleted.

(G.N.T.D.D. No. STC 1001/CR.27/Desk. 10, dated 29th June, 2002 (M.G. Part IV-B, page 1) - Whereas clause (b) of section 2 of the 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 XXII of 2001) (hereinafter referred to as "the said Act") empowers the State Government to authorise, by notification in the Official Gazette, an officer or authority, to be the Competent Authority to issue Caste Certificates:

And Whereas sub-section (1) of section 5 of the said Act empowers the State Government to specify the Appellate Authority for the purposes of the said Act;

And Whereas sub-section (1) of section 5 of the said Act empowers the State Government to constitute, by notification in the Official Gazette, one or more scrutiny Committees for verification of Caste Certificate issued by the Competent Authorities and performing other function under the said Act;

And Whereas the manner of making an application for a caste certificate and for verification of such certificate under the said Act, is to be prescribed by Government by making rules; and the draft rules have accordingly been published and the objections and suggestions which have been received with respect to the draft rules are being considered by Government and thus the procedure of making rules is in progress;

And Whereas the Competent Authorities, Appellate Authorities and Scrutiny Committees to be appointed under the said Act, cannot start functioning unless the rules are finally published and therefore, a difficulty has arisen in the issuance of and verification of, caste certificates under the said Act;

And Whereas the Government had constituted the following authorities for the purposes of issue and verification of Caste Certificates and the Appellate Authorities.

(a) Competent Authorities appointed under Government Resolution, Social Justice, Cultural Affairs, Sports and Special Assistance Department No. CBC-10/2001/CR-120/BCW-5, dated the 1st November 2001 and Government Resolution, Tribal Development Department No. STC-1696/ CR-34/D/10, dated the 7th March 1996;

(b) Scrutiny Committees Appellate Authorities constituted under Government Resolution. Social Welfare, Cultural Affairs and Sports Department No. CBC-1096/CR-48/BCW-5, dated the 16th July 1997 and Government Resolution, Tribal Development Department No. STC-1696/CR-78/ Desk-10, dated 11th August 1997: and

(c) Scrutiny Committees reconstituted under Government Resolution, Vimukta Jatis, Nomadic Tribes, Other Backward Classes and Special Backward Class Welfare Department No. CBC1098/14850/CR-118/0BC-5, dated the 20th December 1999 and Government Resolution, Tribal Development Department No. STC-1399/CR-2/Desk-10, dated 9th September 1999;

And Whereas pending finalisation of the rules, it is necessary to continue the said authorities to be the respective authorities for the purposes of the said Act;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 19 of the said Act, the Government of Maharashtra hereby makes the following Order, namely:-

1. (1) This Order may be called the 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 (Removal of Difficulties) Order, 2002.

(2) It shall come into force at once.

(3) Government of Maharashtra hereby directs that until the Competent Authorities, Appellate Authorities and the Scrutiny Committees are duly appointed under the 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 XXIII of 2001) the Competent Authorities. Appellate Authorities and the Scrutiny Committees appointed by the Government under Government Resolutions, as mentioned above, shall be deemed to be the Competent Authorities for issuing Caste Certificate, Appellate Authorities and the Scrutiny Committees for Verification of Caste Certificates and for performing other functions under the said Act shall be the Competent Authorities, Appellate Authorities and Scrutiny Committees for the respective purposes of the said Act.


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