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Act Description : KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENTS, ETC.) ACT, 1990

Act Details :-

KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENTS, ETC.) ACT, 1990

7 of 1991

An Act to provide for the reservation of appointments or posts in favour of the members of the Scheduled Castes, Scheduled Tribes and other Backward Classes in the State Civil Services and establishments in the Public sector and in admission to Universities and to the Educational Institutions established or maintained or aided by the State Government, Whereas, the members of the Schedule Castes, Scheduled Tribes and other Backward Classes of citizens are not adequately represented in the services or posts in the State Civil Services and establishments in Public sector and among the students admitted to the Universities and to Educational Institutions established or maintained or aided by the State Government; And whereas, it is expedient to provide in favour of them such reservation; Be it enacted by the Karnataka State Legislature is the Forty-first Year of the Republic of India as follows

Section 1 Short title and commencement

(1) This Act may be called the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc.) Act, 1990.

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

Section 2 Definitions

In this Act, unless the context otherwise requires.

(1) "Appointed day" means the date notified under sub-section (2) of Section 1;

(2) "Appointing authority" in relation to a service or posts, means the authority empowered to make appointment to such service or post;

(3) "Establishments in public sector" means,

(i) a Co-operative society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959;

(ii) an educational institution established or maintained or aided by the State Government;

(iii) a Government company within the meaning of Section 617 of the Companies Act, 1956;

(iv) a local authority;

(v) a statutory body or corporation established by or under a State or Central Act, owned or controlled by the State Government;

(vi) a university established or deemed to have been established by or under any law of the State Legislature;

(4) "Other Backward Classes" means the communities, castes and tribes notified by the State Government from time to time under Article 15(4) and Article 16(4} of the Constitution;

(5) "Scheduled Castes" shall have reference to the Scheduled Castes specified in the Constitution (Scheduled Castes) Order 1950 made under Article 341 of the Constitution of India and as amended from time to time;

(6) "Scheduled Tribes" shall have reference to the Scheduled Tribes specified in the Constitution (Scheduled Tribes) Order, 1950 made under Article 342 of the Constitution of India and as amended from time to time;

(7) "Service or post" means a civil service of the State of Karnataka or a civil post under the State of Karnataka, and includes a service or post in the establishment in public sector.

Section 3 Applicability

Nothing in this Act, shall apply to.-

(a) posts meant for conducting or guiding or directing research;

(b) posts classified as scientific posts;

(d) posts filled up on the basis of any contract;

(e) ex-cadre posts;

(f) posts which are filled up by the transfer or deputation;

(g) posts in respect of which recruitment is made in accordance with any provision contained in the Constitution; and

(h) such other posts as the State Government may, from time to time, by order, specify:

Provided that every order made under clause (h) shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions.

Section 4 Reservation of appointment or posts etc

(1) After the appointed day, while making appointments to any office in a civil service of the State of Karnataka or to a civil post under the State of Karnataka appointments or posts shall be reserved for the members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes to such extent and in such manner as may be specified from time to time in the order made by the Government under clause (4) of Article 16 of the Constitution of India.

(2) The provisions of the said order made under clause (4) of Article 16 of the Constitution shall be deemed to be an order made under this Act and shall mutatis mutandis apply to a service or post in an establishment in public sector.

(3) Subject to such rules as may be prescribed, while making admissions, after the appointed day, to a course of study in a university established or deemed to be established by or under any law of the State Legislature or an educational institution established or maintained or aided by the State Government, there shall be made reservation for the persons belonging to the Scheduled Castes, the Scheduled Tribes and Other Backward Classes to such extent and in such manner as may be prescribed.

(4) All appointments made in contravention of the provisions of this section shall be voidable.

Section 4A Issue of Caste Certificate and Income and Caste Certificate

11.Sections 4-A to 4-D inserted by Act No. 27 of 1997

(1) Any candidate or his parent or guardian belonging to the Scheduled Castes or the Scheduled Tribes may, in order to claim benefit of reservation under Section 4, either for appointment to any service or post or for admission to a course of study in a University or any educational institution make an application to the Tahsildar in such form and in such manner as may be prescribed for issue of a Caste Certificate.

(2) Any candidate or his parent or guardian belonging to Other Backward Classes may, in order to claim benefit of reservation under Section 4, either for appointment to any service or post or for admission to a course of study in University or any Educational Institution, make an application to the Tahsildar in such form and in such manner as may be prescribed for issue of an Income and Caste Certificate.

(3) The Tahsildar may on receipt of an application under sub-section (1) or (2), and after holding such enquiry as he deems fit and satisfying himself regarding the genuineness of the claim made by the applicant pass an order issuing a caste certificate or, as the case may be, an income and caste certificate in such form as may be prescribed, or rejecting the application.

(4) The Tahsildar shall follow such procedure as may be prescribed before passing the order under sub-section (3).

(5) The burden of proving that the candidate or his parent or guardian belongs to Scheduled Castes, Scheduled Tribes or Other Backward Classes shall be on the applicant.

Section 4B Appeal against order under Section 4-A

(1) Any person aggrieved by an order of the Tahsildar under Section 4-A may, within thirty days from the date of receipt of the order, prefer an appeal to Assistant Commissioner of the Revenue sub-division.

(2) The Assistant Commissioner of the Revenue sub-division may after giving both parties an opportunity of being heard pass orders allowing or dismissing the appeal and in appropriate cases directing issue of a caste certificate, or as the case may be, an income and caste certificate to the applicant.

Section 4C Verification of Caste Certificate and Income and Caste Certificate

(1) The State Government shall constituted one or more verification committees for each district consisting of such person or persons as may be prescribed for verification of caste certificate and income and caste certificate issued under Section 4-A or Section 4-B.

(2) Any person who has obtained a caste certificate or an income and caste certificate under Section 4-A or A-B or the Appointing Authority or any authority making admission to a course of study in the University or any Educational Institution may make an application to the verification committee in such form and in such manner as may be prescribed for issue of a validity certificate.

(3) The verification committee may after holding such enquiry as it deems fit within thirty days from the date of the application either grant a validity certificate in a prescribed from or reject the application.

Section 4D Appeal

(1) Any person aggrieved by an order passed by the verification committee under Section 4-C may within thirty days from the date of receipt of such order, appeal to the Divisional Commissioner of the concerned revenue division, in such form and in such manner and on payment of such fee as may be prescribed.

(2) The Divisional Commissioner shall after giving to both parties an opportunity of being heard pass such order in appeal as he deems fit.]

Section 5 Penalty

If any appointing authority makes an appointment or any authority making admission to a course of study in a university or any educational institution makes admission in contravention of the provisions of this Act or rules made there under, he shall be punishable with fine which may extend upto rupees one thousand and imprisonment not exceeding six months:

Provided that nothing contained in this section shall apply in relation to appointment to any service or post of which appointing authority is the Governor.

Section 6 Cognizance of offences

No prosecution for an offence under this Act shall be instituted except by, or with the sanction of, the State Government.

Section 7 Maintenance of records and submission of annual report etc

(1) Every appointing authority and every authority making admissions to a course of study in a University or an educational institution having an establishment in public sector shall maintain such records and shall furnish to the State Government an annual report in such form and in such manner, as may be prescribed.

(2) Any officer authorised by the State Government in this behalf may inspect the records of an authority which is required to maintain under sub-section (1) for the purpose of ensuring proper implementation of the provision of this Act and rules made thereunder.

(3) It shall be the duty of the concerned appointing authority or the authority making admissions to the University or educational institution to produce such records and documents, furnish such information and afford all such assistance and facilities as may be necessary for the aforesaid purpose.

Section 8 Constitution of Standing Committee

There shall be a standing committee consisting of the following members, namely: -

Provided that on issue of a proclamation under Article 356 of the Constitution of India, the composition of the Committee may be altered by the State Government to such extent as it deems fit.

Section 9 Functions of the Standing Committee

The Standing Committee shall perform the following functions namely.-

(a) review of the implementation of the provisions of this Act and the rules made thereunder as far as possible twice a year;

(b) suggest measures for the removal of difficulties in such implementation or for the improvement thereof; and

Section 10 Annual report

The State Government shall prepare an annual report on the working of this Act and lay the same before each House of the Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions.

Section 11 Protection of action taken in good faith

No suit, prosecution of other legal proceedings shall be against any person for anything which is done in good faith or intended to be done under this Act.

Section 12 Removal of difficulties

If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders not inconsistent with the provisions of this Act, as the State Government may consider necessary for removing the difficulty.

Section 13 Power to make rules

(1) The State Government may make rules for carrying out the purposes of this Act.

(2) Until such rules are made under sub-section (1) any executive order made by the State Government relating to such reservation shall be deemed to be rules made under this Act.

RULE:

KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENTS, ETC.) RULES, 1992

In exercise of thi powers conferred by sub-section (1) of Section 13 of the Karnataka Scht duled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments etc.) Act, 1990 (Karnataka Act 7 of 1991) Government of karnataka hereby makes the following rules, namely.

Rule 1 Title and commenceme it

(1) These rules may be called the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Rules, 1992.

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

Rule 2 Definitions

(1) In these rules, unless the context otherwise requires.

(1) "Act" means the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 (Karnaaka Act 7 of 1991);

(2) "An Educational Institution" means an Educational Institution established or maintained or aided by the State Government;

(3) "Public Sector Undr takings" means the institutions defined in the Act;

(4) "Caste Verification Committee" 2[means a Committee and an Additional Commitee] constituted under Rule 4;

(5) "Caste and Income Verification Committee" 3[means a Committee and an Additional Committee] constituted under Rule 5;

(6) "Form" means form appended to these rules;

(7) "Inspecting Officer" means an Officer authorised by the State Government under sub-section (2) of Section 7 of the Act;

(8) "Validity Cirtificate" means the certificate issued by the Caste Verification Committee or Caste and Income Verification Committee.

(2) All other words and expressions not defined here but defined in the Karnataka Civil Service (General Recruitment) Rules, 1977 shall have the meaning assigned to itii the said rules.

Rule 3 Reservation

All xecutive orders in relation to reservation made by the State Government ai d which arc in force on the date of commencement of these rules shall be dimmed to be part of these rules and shall continue to be in force until they art modified or replaced by the State Government, for the purpose of Section 4 of the Act.

Rule 3A 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 he application the Tahsildar shall verify the information, document. 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 approprate within iwo 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 applican to appear on the date so fixed along with all documents and other materials which he desires to produce.

(b) During the ourse 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 sha11 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.

Rule 3B Appeal against order undter 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.

Rule 3C 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 Standa rds;

(ii) From VIII to X Stanc ards;

(iii) Pre-University/equ valent 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 Caste Verification Committee

(1) There shall be a committee called the Caste Verification Committee for each district to verify the caste certificate issued in respoct of the persons belonging to Scheduled Castes and Scheduled Tribes. The committee shall consist of the following members namely.-

(1) The Deputy Commissioner of the District who shall be the Chairman;

(2) The Deputy Secretary (Administration) of the Zilla Panchayat;

(3) The TahsiJdar of Taluk;

(4) The District Social Welfare Officer who shall be the Member Secretary:

[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.

(i) An Officer not below the rank of Special Deputy Commissioner appointed by the State Govern meni - Chairman

(ii) The Assistart Commissioner of the Sub-Division - Member

(iii)The Tahsild.ir of the Taluk - Member

(iv) The District Social Welfare Officer - Member.

Rule 5 Caste and Income Verification Committee

There shall be a committee called a Caste and Income Verification Committee in respect of each district to verify the caste and income certificate issued in respect of the Other Backward Classes. The committee shall consists of the following members, namely.

(i) The Deputy Commissioner of the District who shall be the Chairman;

(ii) The Deputy Secretary (Administration) of the Zilla Panchayat;

(iii) The concerned Tahsildar of the Taluk;

(iv) The District Backward Classes and Minorities Officer who shall be the member secretary:]

[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

(i) An Officer not below, the rank of Special Deputy Commissioner appointed by the State Government - Chairman

(ii) The Assistant Commissioner of the Sub-Division - Member

(iii) The Tahsildarof the Taluk - Member

(iv) The District Backward Classes and Minorities Officer - Member Secretary.]

Rule 5A The validity of certificate issued by the Caste Verification Committee

(1) The Validity Certificate issued by the Caste Verification Committee in favour of a pen on 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 his 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 1 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 6 Application for Validity Certificate

Every person claiming reservation either for appointment or for admission, shall submit an application in Form 1 for verification of Caste or Caste and Income claims.

(i) to the Caste Verification Committee in case he claims to belong to Scheduled Caste or Scheduled Tribes;

(ii) to the Caste and Income Verification Committee in case he claiming belong to Z ackward Tribes or Other Backward Classes.

Rule 6A 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 7 Issue of Validity Certificate

(1) After getting a report on a reference made under Rule 6-A, the Caste Verification Committee and the

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 th it 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 cas( 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 Cast' 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 7A Prosecution for obtaining false caste certificate

11. Rules 7-A and 7-B inserted by Notification No. SWD 132 SAD 97, dated 8-2-2000, w.e.f. a 2 2000

(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.

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

Any arm unt paid to any person by the Government or any other agency by way 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 from such person.

Rule 8 Admission to Educational Institutions

No candidate who claims the benefit of reservation shall be admitted to a technical or professional course of study in an Educational Institution without production of the Validity Certificate.

Rule 9 Recruitments

No person who claims the benefit of reservation shall be appointed to a service or a post under Government or to an establishment in Public Sector without production of the Validity Certificate.

Rule 9A Scrutinising Committee

xxxx

Rule 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 officer).

(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 jusrification, the authorised officer may take steps to prosecute such admission authority or appointing authority.

Rule 11 Vacancy/Admission Register

(1) Subject to Rule 3 and such other executive orders made by the State Government from time to time in relation to reservation.

(i) all Appointing Authorities to a service or post in the State Civil Services or in establishments in Public Sector undertakings shall maintain a vacancy register in Form 2;

(ii) all Educational Institutions shall maintain admission register in Form 3.

(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 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

(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 13 Annual Reports

11. Rule 13 substituted by Notification No. SWD 132 SAD 97, dated 8-2- 2000, w.e.f. 8-2-2000 .An 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.

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

FORM [See Rule 3-A(1)]

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 recognized 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:

___________________________________________ Date:

__________

APPENDIX B Application for Caste Certificate in case of Backward Classes Category I

FORM [See Rule 3-A(l)]

FORM B

[See

Rule 3-A (1)]

Application

for Caste Certificate in case of Backward Classes Category I

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

Date of Birth,

Age and Birth Plate

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 Name

and

Class 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: Yours

faithfully

Date: (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

APPENDIX C Application for Income and Caste Certificate

FORM [See Rule 3-A(l)l

FORM C

[See

Rule 3-A (1)]

Application

for Income and Caste Certificate

The Tahsildar,

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

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

Sir,

............................ 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 ana

Place studied Year

and Name

and Class

Place of

the school

9. Annual income of the candidate,

candidate's

father/mother/guardian (If

father/mother is not

alive) (If in

Government/Semi-Government/

Public Sector/Private)

i. Pay scale

ii. Particulars o f 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: Yours

faithfully

Date:

(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

Place:

APPENDIX D Form of Certificates to be issued to a candidate belonging to Scheduled Caste or Scheduled Tribes

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

FORM D

[See

Rule 3-A (2)(3)]

Form

of Certificates to be issued to a candidate belonging to Scheduled Caste 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 recognized 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 Reorganization Act, 1960, the Punjab

Reorganization 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

Magar Haveli) Scheduled Castes Order, 1962

The Constitution (Dadra and

Magar Haveli) Scheduled Tribes Order, 1962

The Constitution

(Pondichery) 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

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: Designation

Date: (With seal of office)

APPENDIX E Certificate to be issued to a candidate belonging to Backward Classes

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

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:

Tahsildar

Date: .............

Seal

Office Seal.

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

FORM [See Rule 3-A(2)(3)l

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 17-9-1994 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/-)

His/her

parents/guardian/husband/wife is not an income tax assessed or wealth tax

assessed;

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

rained or dry land or its equivalent.

Sri/Smt./Kum.......................belongs

to category .............. of Backward Classes.

Place: Tahsildar

Date: ..............Taluk

(Office seal) .

APPENDIX 1 Application for Seeking Validity Certificate

FORM 1

Application

for Seeking Validity Certificate

1. Name and Address of Candidate

(a) Present Address

(b) Permanent Address

2. Father/Mother/Parent/Husband's Name

3. Date of Birth

4. Annual Income of the Family

Sources of Income :

Total Rs.......

(a) Agriculture

(b) Business

(i) Government

(ii) Semi-Government

(iii) Private

(d) Other Sources

5. Details of property held

6. Caste as mentioned in the School Records:

(a) Primary School

(b) Middle School

(d) College/ University

7. Qualification:

(a) General

(b) Technical

8. Details of Study in School/Colleges:

Name of the Year of study

Institution

(a) Primary

(b) Middle

(d) College

9. Whether the candidate has already

obtained verification Certificate?

10. (If yes, the No. and date of issue may be

mentioned) (Enclose a copy)

11. Any other information, which the candidate

wishes to furnish

Station:

Signature of the Candidate

Date:

Certificate

I declare that I am

aware of the provisions in the Karnataka Scheduled Castes/Scheduled Tribes and

Other Backward Classes (Reservation of Appointments etc.) Act, 1990 and to the

best of my knowledge the information furnished above is true and 1 am liable

for Criminal Prosecution in case any information furnished above is proved

false.

Station: Signature of the Signature of the

Date: Pa rent/Guardian Candidate

APPENDIX 1A Certificate of Validity

FORM 1A

Certificate

of Validity

Caste/Caste and Income

Verification Committee.............

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

Committee Decision No. Date:

Whereas, an application of Smt./Sri/Kumari....................

Dated, the..................along with documents was received by the

Verification Committee for verification of the claim for Reservation benefit

provided for Scheduled Caste/Scheduled Tribe/Backward Classes and the facts

therein have been examined in detail.

And whereas, in accordance

with the powers conferred on this Committee as per the provisions of Karnataka

Scheduled Caste/Scheduled Tribes an Other Backward Classes (Reservation of

Appointments etc.) Act, 1990 and rules made there under and amendments thereon,

the committee has, on the basis of the documents produced before it, verified

and scrutinized the said claim, and is satisfied about the claim.

Now, therefore, the

Committee hereby certifies that the claim of Smt./Sri/Kumari............................as

belonging to..................(Mention the name of the Caste here) is found to

be valid.

Chairman

Caste/Caste

and Income Verification Committee.

APPENDIX 2 Caste Verification Committee-Directorate of Social Welfare/Backward

FORM 2

Caste

Verification Committee-Directorate of Social Welfare/Backward Classes and

Minorities

Of the post and sanctioned strength Scale of Pay Name of the Appointing Authority Posts already filled up category-wise Vacancies to be filled up Mode of Recruitment Direct-recruitment, Promotion/ Deputation (1) (2) (3) (4) (5) (6)

SI. No. Of vacancy Date of occurrence of vacancy Mode of recruitment Direct recruitment/ Deputation Vacancy in Direct recruitment Reserved/ Unreserved SC/ST/A/B/C/D/E Date of communication of vacancy to recruiting authority Selection to the vacancy reserved/ unreserved (1) (2) (3) (4) (5) (6)

Date of Recruitment Order No. of and Date of appointment Mode of recruitment direct recruitment/ deputation Name of the candidate and SI. No. In the appointment order Candidate recruited to The post SC/ST/A/ B/C/D/E Reasons for deviation in reservation if any (7) (8) (9) (10) (11) (12)

APPENDIX 3 FORM

FORM 3

Showing Admissions Reserved to SC/STs and Other Backward Classes in Respect of

Professional/Educational Courses

Name and Address of

the Educational Institution:

Name of the Course and year of Commencement Total No. of sanctioned seats (Course- wise) SC/ST A. B. C. D. E. Total No. of seats to be reserved for SC/STs, A. B. C D. E. (Course wise) (As per the existing G.O.) Admissions mode in each course-category wise SC/ST, A. B. C. D. E. Deviations if any with reasons (1) (2) (3) (4) (5)

Signature

APPENDIX 3A FORM

FORM 3A

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

different categories

Name and address of the educational institution Name of the course and year of commencement Total Number of seats (1) (2) (3)

Total No. of Applications received from Sch. Caste Sch. Tribe Category 1 2-A 2-B 3-A 3-B (4)

Signature."

APPENDIX 4 FORM

FORM 4

(a) Details of vacant posts

in each cadre:

SI. No. Name of the Post Sanctioned strength No. of SC/STs recruited No. of Posts vacant Mode of recruitment Year/ Date Remarks (1) (2) (3) (4) (5) (6) (7)

(b) Details of Recruitment

made from to:

SI. No. Name of the Post Agency sponsoring to Recruitment Authority Classification of vacancies Date of Selections EE/K.PS.C/Others Total Posts SC ST Total No. of SC/STs (1) (2) (3) (4) (5) (6) (7)

Classification of Candidates selected Recruitment to be made as per existing G.O. Shortfall in reservation Reasons for deviation SC ST SC ST SC ST (8) (9) (10) (11) (12) (13) (14)

Signature

APPENDIX 5 Annual Report

FORM 5

Annual

Report

(a) Details of vacant posts

in each cadre:

SI.No. Name of the post Sanctioned strength No. of Backward Classes recruited No. of Posts Vacant Mode of Recruitment year /date Remarks (1) (2) (3) (4) (5) (6) (7)

(b) Details of Recruitment

made from to:

SI. No. Name of the post Agency sponsoring to recruitment authority Total Posts Classification of vacancies Total BCs Date of Selections EF/KPSC Others A B C D E (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

Classification of Candidates selected Recruitment to be made as per Existing G.O. Shortfall in Reservation Reasons for deviation A B C D E A B C D E A B C D E 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

APPENDIX 6 Annual Report

FORM 6

Annual

Report

(a) Reservation of Seats

for SCs and STs in Admissions: ____________

Name and address of the Education Name of the course Total No. ofseats admissible: No of seats admissible for (as per G.O.) No. of seats filled 'by Shortfall if any in respect of Remarks SO STs SCs STs SCs STs

Signature

APPENDIX 7 Reservation of Seats for Backward Classes in Admissiort

FORM [See Rule 13]

FORM 7

[See

Rule 13]

Reservation

of Seats for Backward Classes in Admissiort

Name and Address of the Institution Name of the Course Total No. of seats admissible No. of seats admissible for (as per G.O.) I IIA TIB IITA IIIB (1) (2) (3) (4) (5) (6) (7) (3)

Application received for admission No. of seats filled by I IIA IIB IIA IIIB I IIA IIB IIIA IIIB (9) (10) (11) (10) (13) (14) (15) (16) (17) (18)

Shortfall in admission if any Shortfall for reasons" I IIA IIB IIIA IIIB (19) (20) (21) (22) (23) (24)

APPENDIX 1 Submission of Annual Reports

APPENDIX [See Rule 13]

APPENDIX

[See Rule 13]

Submission of Annual Reports

SI. No.

Institutions/ Appointing

Authorities

Authority to receive reports

Form No. in which report to be submitted

(1)

(2)

(3)

(4)

Educational Institutions up to PUC and equivalent level

Taluk Social Welfare Officer

6 (Social Welfare Dept.)

Inspector for BCM

7 (Backward Classes and Minorities Dept.)

Educational Institutions above PUC level up to the University level

District Social Welfare Officer

6 (Social Welfare Dept.)

District Officer for BCM

7 (Backward Classes and Minorities Dept.)

All Universities

Director for SW

Director for BCM

Appointing Authorities for Group 'D' level posts

District Officer for SW

District Officer for BCM

Appointing Authorities for Group 'C Posts

Director for SW

Director for BCM

Appointing Authorities for Gazette Officers Posts

Secretary to Government, Department of Personnel and Administrative Reforms

4 and 5

KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENTS, ETC.) RULES, 1992

KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENTS, ETC.) RULES, 1992

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.) Rules, 1992.

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

Rule 2 Definitions

(1) In these rules, unless the context otherwise requires.

(1)"Act" means the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 (Karnataka Act 7 of 1991);

(2) "An Educational Institution" means an Educational Institution established or maintained or aided by the State Government;

(3) "Public Sector Undertakings" means the institutions defined in the Act;

(4) "Caste Verification Committee" [means a Committee and an Additional Committee] constituted under Rule 4;

(5) "Caste and Income Verification Committee" [means a Committee and an Additional Committee] constituted under Rule 5;

(6) "Form" means form appended to these rules;

(7) "Inspecting Officer" means an Officer authorised by the State Government under sub-section (2) of Section 7 of the Act;

(8) "Validity Certificate" means the certificate issued by the Caste Verification Committee or Caste and Income Verification Committee.

(2) All other words and expressions not defined here but defined in the Karnataka Civil Services (General Recruitment) Rules, 1977 shall have the meaning assigned to it in the said rules.

Rule 3 Reservation

All executive orders in relation to reservation made by the State Government and which are in force on the date of commencement of these rules shall be deemed to be part of these rules and shall continue to be in force until they are modified or replaced by the State Government, for the purpose of Section 4 of the Act.

Rule 3A 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.

(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.

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

Rule 3B Appeal against order under Section 4-A

Rule 3C 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 Caste Verification Committee

11. Rules 4 and 5 substituted by GSR 217, dated 11-11-1993, w.e.f. 11-11-1993 [(1) There shall be a committee called the Caste Verification Committee for each district to verify the caste certificate issued in respect of the persons belonging to Scheduled Castes and Scheduled Tribes. The committee shall consist of the following members namely. The Deputy Commissioner of the District who shall be the Chairman;

(2) The Deputy Secretary (Administration) of the Zilla Panchayat;

(3) The Tahsildar of Taluk;

(4) The District Social Welfare Officer who shall be the Member Secretary: 22.Proviso inserted by Notification No. SWD 132 SAD 97, dated 8-2-2000, w.e.f. 8-2-2000 [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.

(i) An Officer not below the rank of Special Deputy Commissioner appointed by the State Government Chairman

(ii) The Assistant Commissioner of the Sub-Division Member

(iii) The Tahsildar of the Taluk Member

(iv) The District Social Welfare Officer Member.]

Rule 5 Caste and Income Verification Committee

(i) The Deputy Commissioner of the District who shall be the Chairman;

(ii) The Deputy Secretary (Administration) of the Zilla Panchayat;

(iii) The concerned Tahsildar of the Taluk;

(iv) The District Backward Classes and Minorities Officer who shall be the member secretary:]

11. Proviso inserted by Notification No. SWD 132 SAD 97, dated 8-2-2000, w.e.f. 8-2-2000 [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.

(i) An Officer not below the rank of Special Deputy Commissioner appointed by the State Government Chairman

(ii) The Assistant Commissioner of the Sub-Division Member

(iii) The Tahsildar of the Taluk Member

(iv) The District Backward Classes and Minorities Officer Member Secretary.]

22. Rule 5-A inserted by Notification No. SWD 132 SAD 97, dated 8-2-2000, w.e.f. 8-2-2000

Rule 5A The validity of certificate issued by the Caste Verification Committee

22. Rule 5-A inserted by Notification No. SWD 132 SAD 97, dated 8-2-2000, w.e.f. 8-2-2000 (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 his 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 6 Application for Validity Certificate

Every person claiming reservation either for appointment or for admission, shall submit an application in Form 1 for verification of Caste or Caste and Income claims.-

(i) to the Caste Verification Committee in case he claims to belong to Scheduled Caste or Scheduled Tribes;

(ii) to the Caste and Income Verification Committee in case he claiming belong to Backward Tribes or Other Backward Classes.

Rule 6A Verification by the Caste and Income Verification Committee

33. Rule 6-A inserted by Notification No. SWD 132 SAD 97, dated 8-2-2000, w.e.f. 8-2-2000 [-Caste Verification Committee or as the case may be, the Caste and Income Verification Committee shall refer the application for issue of

Rule 7 Issue of Validity Certificate

11. Rule 7 substituted by Notification No. SWD132 SAD 97, dated 8-2- 2000, w.e.f. 8-2-2000 [-(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.

(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 7A Prosecution for obtaining false caste certificate

22. Rules 7-A and 7-B inserted by Notification No. SWD 132 SAD 97, dated 8-2-2000, w.e.f. 8-2-2000 [-(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

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

Rule 7B 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 from such person.]

Rule 8 Admission to Educational Institutions

No candidate who claims the benefit of reservation shall be admitted to a technical or professional course of study in an Educational Institution without production of the Validity Certificate.

Rule 9 Recruitments

No person who claims the benefit of reservation shall be appointed to a service or a post under Government or to an establishment in Public Sector without production of the Validity Certificate.

Rule 9A Scrutinising Committee

11. Rule 9-A inserted by GSR 117, dated 8-9-1995, w.e.f. 15-9-1995 and omitted by Notification No. SWD 132 SAD 97, dated 8-2-2000, w.e.f. 8-2- 2000 [-x x x x x.]

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

22. Rule 10 substituted by Notification No. SWD 132 SAD 97, dated 8-2- 2000, w.e.f. 8-2-2000 [-(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 officer).

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 11 Vacancy/Admission Register

Subject to Rule 3 and such other executive orders made by the State Government from time to time in relation to reservation.-

(i) all Appointing Authorities to a service or post in the State Civil Services or in establishments in Public Sector undertakings shall maintain a vacancy register in Form 2;

(ii) all Educational Institutions shall maintain admission register in Form 3.

11. Item (iii) inserted by Notification No. SWD 132 SAD 97, dated 8-2-2000, w.e.f. 8-2-2000 [(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 12 Inspections

22. Rule 12 substituted by Notification No. SWD 132 SAD 97, dated 8-2- 2000, w.e.f. 8-2-2000 [(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 13 Annual Reports

33. Rule 13 substituted by Notification No. SWD 132 SAD 97, dated 8-2- 2000, w.e.f. 8-2-2000 [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.]

APPENDIX 1 Submission of Annual Reports

xxxx

Act Type :- Karnataka State Acts

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