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Panaji, 12th December, 2023 (Agrahayana 21, 1945)

SERIES I No. 36

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division

____

Notification

7/40/2023-LA

The Goa Scheduled Castes, Scheduled

Tribes and Other Backward Classes Category

(Regulation of Issuance and Verification of

Caste Certificate) Act, 2023 (Goa Act 45 of

2023), which has been passed by the

Legislative Assembly of Goa on 03-08-2023

and assented to by the Governor of Goa on

1-12-2023, is hereby published for the general

information of the public.

Dnyaneshwar Raut Dessai, Joint Secretary

(Law).

Porvorim, 12th December, 2023.

_________

The Goa Scheduled Castes, Scheduled

Tribes and Other Backward Classes

Category (Regulation of Issuance and

Verification of Caste Certificate)

Act, 2023

(Goa Act 45 of 2023) [1-12-2023]

AN

ACT

to provide for the regulation of the issuance

and verification of the Caste Certificates to

EXTRAORDINARY

the persons belonging to the Scheduled

Castes, Scheduled Tribes and Other

Backward Classes Category and for

matters connected therewith or incidental

thereto.

BE it enacted by the Legislative Assembly

of Goa in the Seventy-fourth Year of the

Republic of India as follows:—

1. Short title and commencement.— (1)

This Act may be called the Goa Scheduled

Castes, Scheduled Tribes and Other

Backward Classes Category (Regulation of

Issuance and Verification of Caste Certificate)

Act, 2023.

2. It shall come into force on such date, as

the Government may, by notification in the

Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “appointing authority”, in relation to

a Government servant, means,—

(i) the authority empowered to make

appointments to the service of which the

Government servant is for the time being

a member or to the grade of the service

in which the Government servant is for

the time being included, or

(ii) the authority empowered to make

appointments to the post which the

Government servant for the time being

holds, or

OFFICIAL GAZETTE — GOVT. OF GOA

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2484

(iii) the authority which appointed

the Government servant to such

service, grade or post, as the case

may be, or

(iv) where the Government servant

having been a permanent member of any

other service or having substantively held

any other permanent post, has been in

continuous

employment

of

the

Government, the authority which

appointed him to that service or to any

grade in that service or to that post,

whichever authority is the highest

authority.

(b) “Appellate Authority” means the

Collector of the District.

(c) “Caste Certificate” means the

certificate issued by the Competent

Authority to an applicant indicating therein

the Scheduled Caste, Scheduled Tribe or

the Other Backward Class Category, as the

case may be, to which such applicant

belongs;

(d) “Competent Authority” means the

Deputy Collector and Sub-Divisional

Magistrate of the respective Talukas, having

jurisdiction over the area or place to which

the applicant originally belongs, unless

specified otherwise;

(e) “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;

(f) “elective office” means a public office

to be filled by a direct election against a

seat in a Local Authority, the State

Legislature or the Parliament.

(g)

“Government”

means

the

Government of Goa;

(h) “Local Authority”, in relation to local

areas, means the concerned Municipal

Corporation, Municipal Councils and in

relation to any other local area in the State,

means the village panchayats, as the case

may be, constituted under any law for the

time being in force in the State of Goa;

(i) “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 Goa;

(j)“prescribed” means prescribed by

rules made under this Act;

(k) “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;

(l) “Scrutiny Committee” means the

Committee constituted under sub-section

(1) of section 6 of this Act;

(m) “Vigilance Cell” means the Vigilance

Cell constituted under section 7 of this Act;

3. Application for a Caste Certificate.— Any

person belonging to any of the Scheduled

Castes or Scheduled Tribes or Other

Backward Classes, who is 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

office (s) or for admission into any educational

institution, or any other benefit under any

special provisions made under clause (4) or

(5) of Article 15 and clause (4) or (4A) of

Article 16 of the Constitution of India, or for

the purpose of contesting for an elective post

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in the State Legislative Assembly or the

Parliament or any local authority or in the

Co-operative Societies, or any other purposes

as may specified by the Government, shall

apply three months prior to claiming such

benefit, 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, upon receipt of an application

under section 3, and after satisfying itself

about the genuineness of the claim and by

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) The Competent authority shall reject the

application for caste certificate, if it finds that

there is any fraud, misrepresentation or

suppression of facts by the applicant:

Provided that, the rejection by the

Competent Authority on the ground of fraud,

misrepresentation or suppression of facts

shall not debar any person from applying

de-novo for a caste certificate based on

proper, genuine and authentic material.

(3) A Caste Certificate issued by any person,

officer or authority other than the Competent

Authority shall be invalid. The Caste

Certificate issued only by the Competent

Authority shall be valid and it shall be subject

to the verification and grant of validity

certificate by the Scrutiny Committee.

(4) Subject to the proviso of sub-section

(2), no new application seeking issuance of a

Caste Certificate shall be entertained by the

Competent Authority, if the earlier request or

claim of the same applicant has been rejected

by the Competent Authority and the same is

confirmed by the Appellate Authority or the

validation of the Caste Certificate of same

applicant stands rejected by the Scrutiny

Committee on prior occasion.

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 a period of 30

days from the date of receipt of order, appeal

to the Appellate Authority, in such form and

manner, as prescribed.

(2) The Appellate Authority shall 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. Constitution of Scrutiny Committee.—

(1) The Government shall by notification in

the Official Gazette, constitute one or more

Scrutiny Committee(s) for verification of Caste

Certificates issued by the Competent

Authorities under sub-section (1) of section

4, which shall consist of the following

members, namely:—

a) Collector or Additional Collector or

Joint Secretary to the Government or any

officer not below the rank of Joint Secretary

to the Government-----Chairman.

b) Director or Deputy Director of the

Directorate of Social Welfare------Member.

c)

Assistant

Director

of

Back-

-ward Classes, Directorate of Social

Welfare------Member Secretary.

d) In the case of Scheduled Castes,

officer who has intimate knowledge in the

verification and issuance of the social status

certificates------Member.

e) In the case of the Scheduled Tribes,

the Research Officer who has intimate

knowledge in identifying the tribes, tribal

communities, parts of or groups of tribes

or tribal communities------Member.

(2) The Scrunity Committee shall perform

such functions, conduct proceedings in such

manner and exercise such powers, as

prescribed.

7. Constitution of Vigilance Cell.— The

Government shall constitute, by notification

in the Official Gazette, a Vigilance Cell

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consisting of Senior Deputy Superintendent

of Police in over-all charge and such number

of Police Inspectors, Sub-Inspectors or

Constable as deemed appropriate, to

investigate the claim, collect the facts,

examine the records, examine the relations

or friends and persons who know the social

status of the applicant and submit a report to

the Scrutiny Committee so as to facilitate the

process of verification of caste and validation

of the Caste Certificate of the applicant.

8. Verification of Caste Certificate by

Scrutiny Committee.— (1) 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 or Other

Backward Classes Category for the purpose

specified in section 3, shall make an

application, within a period of three months

from the date of issuance of such Caste

Certificate in such form and in such manner

as prescribed, to the concerned Scrutiny

Committee for the verification of such Caste

Certificate and to issue a validity certificate:

Provided that where no application is made

under sub-section (1) within a period of 3

months from the date of issuance of the Caste

Certificate, the Caste Certificate issued by the

Competent Authority shall lapse:

Provided further that such lapse shall not

prevent the applicant from re-applying for a

Caste Certificate before the Competent

Authority under sub-section (1) of section 4.

(2) In case on the basis of a Caste

Certificate issued by the Competent Authority,

any person is selected for an appointment

with the Government, local authority, public

sector undertakings or admitted to an

educational institution(s), or appointed in a

co-operative society(s) or any other

Government aided institution(s), or secured

an elective office either in the local authority

or State Legislature or Parliament, but has

not obtained validity certificate from the

Scrutiny Committee, the appointing authority

of the Central or State Government, local

authority, public sector undertakings,

educational institutions, Co-operative Societies

or any such other authority, as the case may

be, shall direct the person(s) so concerned to

get his Caste Certificate verified by the

Scrutiny Committee and obtain the validity

certificate from the Scrutiny Committee within

a period of 6 months, by making an

application in such form and in such manner

as prescribed:

Provided, that where such person(s) fails

to procure the validity certificate within the

said period, save as otherwise for any delay

on part of the Scrutiny Committee, he shall

cease to be entitled to continue with the

appointment or admission or like benefit

which are provisioned for the Schedule Tribes,

Schedule Castes or Other Backward Classes

Category.

(3) The Scrutiny Committee shall upon

receipt of application under sub-section (1)

and (2) shall seek a report from the Vigilance

Cell and follow such procedure for verification

of the Caste Certificate and adhere to such

time limit for verification and grant of validity

certificate, as prescribed.

9. Confiscation and cancellation of false

Certificate.— (1) Where, before or after the

commencement of this Act, a person not

belonging to any of the Scheduled Castes,

Scheduled Tribes or Other Backward Classes

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.

(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.

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10. Burden of Proof.— Where an application

is made to the Competent Authority under

section 3 of the issue of a Caste Certificate in

respect of Scheduled Castes, Scheduled Tribes

or Other Backward Classes 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.

11. Civil Court powers to Competent

Authority, Appellate Authority and Scrutiny

Committee.— (1) The Competent Authority,

the Appellate Authority and the Scrutiny

Committee shall, while holding an enquiry

under this Act, have all the powers vested in

a Civil Court while trying a suit under the

Code of Civil Procedure, 1908 (5 of 1908) and

in particular in respect of the following

matters, namely:—

(a) summoning and enforcing the

attendance of any person and examining

him on oath;

(b) requiring the discovery and

production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or

copy thereof from any Court or office and;

(e) issuing Commissions for the

examination of witnesses or documents.

(2) Any proceeding before the Competent

Authority, the Appellate Authority and the

Scrutiny Committee, shall be deemed to be

judicial proceeding within the meaning of

sections 193 and 228 of the Indian Penal Code,

1860 (Central Act 45 of 1860).

12. Benefits secured on the basis of false

Caste Certificate to be withdrawn.— (1)

Whoever not being a person(s) belonging to

any of the Scheduled Castes, Scheduled Tribes

or Other Backward Classes 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 secures an

elective office in a local authority, State

Legislature or Parliament, 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 or

holding of elective office forthwith and any

other benefits enjoyed or derived by virtue of

such admission or appointment or election

by such person as aforesaid shall be

withdrawn forthwith.

(2) Any amount paid to such person(s) 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 other law for the time being in force, any

Degree, Diploma or any other educational

qualification acquired by such person(s) 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 other law for the time being in force, a

person shall be disqualified from being a

member of statutory body, Local Authority,

State Legislature or the Parliament, if he has

contested the election for such local authority,

State Legislature, Parliament, Co-operative

Society or any statutory body on the seat

reserved for any of Scheduled Castes,

Scheduled Tribes or Other Backward Classes

Category, by procuring and producing a false

Caste Certificate as belonging to such Caste,

Tribe or Class, upon such false Caste

Certificate being cancelled by the Scrutiny

Committee, and any benefits obtained by such

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person shall be recoverable as arrears of land

revenue and the election of such person shall

be deemed to have been terminated

retrospectively.

13. 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,

or Other Backward Classes 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, State

Legislature, Parliament or Co-operative

Society, reserved for such Castes, Tribes

or Classes by producing 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 up to two years or with fine which

shall not be less than ten thousand rupees,

but which may extend up to one lakh 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.

14. Offences under Act to be cognizable and

non-bailable.— Notwithstanding anything

contained in the Code of Criminal Procedure,

1973 (2 of 1974).

(a) offences punishable under section 13

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 way and

provisions of section 262 to section 265

except sub-section (2) to section 265, both

inclusive of the Code of Criminal Procedure,

1973 (2 of 1974) shall, as far as practicable

may be applied to such trial.

15. Penalty for issuing false Caste

Certificate.— (1) Any person or authority

performing the functions of Competent

Authority under this Act, who intentionally

and knowingly 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.

16. Penalty for abetment.— Whoever

abets commission of any offence punishable

under

this

Act

shall

be

punished

with punishment provided for in this Act

for such offence.

17. Bar of jurisdiction of Civil Courts.— No

Civil Court shall have jurisdiction to

entertain, to continue or to decide any suit

or proceedings relating to the issue of

identification of the caste of a person and the

process for verification thereof, as provided

for under this Act; Or, proceed to 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.

18. 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.

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19. Provisions of this Act to be in addition

to any other law for time being in force.—

The provisions of this Act shall be in addition

to the provisions of any other law for the time

being in force.

20. 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 section

shall, as soon as may be, after it is made, be

laid before the State Legislature.

21. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to any of 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

after the expiration of a period of two years

from the date of commencement of this Act.

(2) Every order made under this section

shall, as soon as may be after it is made, be

laid before the Legislative Assembly of Goa.

SANDIP JACQUES,

Secretary to the

Secretariat,

Government of Goa,

Porvorim-Goa.

Law Department

Dated: 12-12-2023.

(Legal Affairs).

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