Chhattisgarh SC, ST and OBC (Regulation of Social Status Certification) Act, 2013
No: 13 Dated: Apr, 29 2013
CHHATTISGARH SC, ST AND OBC (REGULATION OF SOCIAL STATUS CERTIFICATION) ACT, 2013
An Act to protect the interest of persons belonging to the Scheduled Castes, the Scheduled Tribes and the Other Socially and Educationally Backward Classes of citizens in the State from those who fraudulently obtains false Social Status Certification, certifying that the person belongs to these sections of populations; and to provide for punishment for issuing and obtaining false Social Status Certification; and for matters connected therewith or incidental thereto.
Be it enacted by the Chhattisgarh Legislature in the Sixty-fourth year of the Republic of India, as follows :-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013.
(2) It shall extend to the whole of the State of Chhattisgarh.
(3) 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) "Appellate Authority" means an officer or authority authorized by the State Government, by notification in the Official Gazette to hear as appeal as provided under Section 5 of this Act;
(b) "Competent Authority" means an officer or authority designated by the Government, by notification in the Official Gazette, to issue a social status 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 coming into force of this Act, having jurisdiction over the area or place to which the applicant originally belongs, unless otherwise specified;
(c) "District Level Certificates Verification Committee" means the Committee constituted in a district under sub-section (1) of Section 6 of this Act, for the verification of Social Status Certificate issued to any person;
(d) "Educational Institution" means any institution, by whether name called, including university imparting education or training in any stream at any level and where question arises as to whether an institution is an educational institution, then the decision of the State Government in that regard shall be final;
(e) "Government" means the Government of Chhattisgarh;
(f) "High Power Certification Scrutiny Committee" means the Committee or Committees constituted under sub-section (1) of Section 7, for conducting enquiry into a social status certificate which is referred by the District Level Certificates Verification Committee or the State Government or any other authority for conducting enquiry, where such certificate is alleged to be wrongfully or fraudulently obtained;
(g) "Local Authority" means in relation to local areas comprised within the jurisdiction of a Municipal Corporation, the concerned Municipal Corporation or in relation to any other local area in the State, the concerned Municipal Council, Nagar Panchayat, Janpad Panchayat or Village Panchayat, as the case may be, having jurisdiction over such local area;
(h) "Other Backward Classes" in relation to the State of Chhattisgarh means other socially and educationally backward classes as have been or may be notified from time to time, by the State Government;
(i) "Prescribed" means prescribed by the rules made under this Act;
(j) "Public Appointment" means an appointment to a post under the State Government, the Central Government, Local Authority, any Company or Corporation, or any Undertaking, owned or controlled or substantially funded by the Government or any Institution aided by Government or Cooperative Society or Education Institution including a University;
(k) "Reserved Post" means any post reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes, as the case may be, in respect of any Public Appointment;
(l) "Reserved Seat" means any seat reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes, as the case may be, in respect of admission to any Educational Institution, or any seat reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes or the Other Backward Classes, as the case may be, in any statutory body whether filled by a process of election, by nomination or otherwise;
(m) "Scheduled Castes" means the Scheduled Castes as specified in relation to the State of Chhattisgarh under Article 341 of the Constitution of India;
(n) "Scheduled Tribes" means the Scheduled Tribes as specified in relation to the State of Chhattisgarh under Article 342 of the Constitution of India;
(o) "Social Status Certificate" means the certificate issued by the Competent Authority to an applicant, indicating, therein, the name of Scheduled Castes or the Scheduled Tribes or other Backward Classes, as the case may be, to which such applicant belongs;
(p) "State" means the State of Chhattisgarh.