THE KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENT ETC.,) (AMENDMENT) ACT, 2011
(Received the assent of the Governor on the second day of January, 2012)
KARNATAKA ACT NO. 7 OF 2012
(First published in the Karnataka Gazette Extra-ordinary on the fourth day of January, 2012)
An Act further to amend the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.,) Act, 1990.
Whereas it is expedient further to amend the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.,) Act, 1990 (Karnataka Act 7 of 1991) for the purposes hereinafter appearing.
Be it enacted by the Karnataka State Legislature in the Sixty Second year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.,) (Amendment) Act, 2011.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Insertion of sections 4E and 4F.- In the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.,) Act, 1990 (Karnataka Act 7 of 1991) (hereinafter referred as the principal Act) after section 4D, the following shall be inserted, namely:-
“4E Tahasildar and the Verification Committee to exercise the powers of the Civil Court.- Tahasildar and the Verification Committee, while holding enquiry under this Act, shall have all the powers of a Civil Court while trying a suit under Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) and in particular in respect of following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on Oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any Court or office;
(e) issuing commissions for the examination of witnesses or documents; and
(f) any other matter which may be prescribed;
4F. Revision by Deputy Commissioner.- (1) The Deputy Commissioner may at any time either suomoto or on an application made to him with in the prescribed period, call for and examine the records relating to any decision made or order passed by the Tahasildar under section 4A or the Assistant Commissioner under section 4B, for the purposes of satisfying himself as to the legality, propriety of such decision or order and if, in any case, it appears to the Deputy Commissioner that any such decision or order shall be modified, annulled, revised or remitted for reconsideration, he may pass orders within thirty days accordingly;
provided that the Deputy Commissioner shall not pass any order prejudicial to any person unless such person is given an opportunity of being heard.
(2) The Deputy Commissioner may, stay the execution of any such decision or order pending the exercise of his powers under sub-section (1) in respect thereof.”
3. Insertion of sections 5A and 5B.- After section 5 of the principal Act, the following shall be inserted, namely:-
“5A Penalties for obtaining false Caste Certificate or Income and Caste Certificate.-
Whoever has obtained a Caste Certificate or Income and Caste Certificate by;-
(a) furnishing false information; or
(b) filing a false statement; or
(c) any other fraudulent means.
shall on conviction be punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend upto two years and with fine which shall not be less than one thousand rupees but which may extend upto five thousand rupees:
Provided that the Court may, for adequate and special reasons to be recorded, impose a sentence of imprisonment for a lesser term or lesser fine.
5B. Penalty for issuing a false Caste Certificate or Income and Caste Certificate.- If the Tahasildar intentionally issues a false Caste Certificate or Income and Caste Certificate, he shall on conviction, be punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend upto two years and with fine which shall not be less than one thousand rupees but which may extend to five thousand rupees:
provided that the Court may, for adequate and special reasons to be recorded, impose a sentence of imprisonment for a lesser term or lesser fine.”
4. Insertion of section 6A, 6B, 6C,6D and 6E.- After section 6 of the principal Act, the following shall be inserted, namely:-
“6A. Penalty for abettors.- Whoever abets any offence punishable under this Act, shall be punished with the penalty provided for in this Act for such offence.
6B. Bar of jurisdiction of Civil Court.- No Civil Court shall have jurisdiction in respect of any order passed by any officer or authority under this Act and no stay or injunction shall be granted by a court in respect of any action taken or to be taken by such officer or authority under this Act in pursuance of any power conferred by or under this Act.
6C. Cancellation of Degree etc.- Notwithstanding anything contained in any other law for time being in force any Degree, diploma or any other educational qualifications acquired by a person after securing admission in any educational institution on the basis of a false caste certificate or as the case may be, a false income and caste certificate, shall stand withdrawn, on cancellation of caste certificate, or as the case may be income and caste certificate obtained by him.
6D. Act to override other laws.- The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time-being in force.
6E. Act to override the applicability of decided specific cases in any of the courts.- The provisions of this Act shall have effect, notwithstanding anything contained in any of the decided cases by any of the courts. ”
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