Maharashtra Scheduled Tribes (Regulation of Issuance and verification of) Certificate Rules, 2003, along with Commentary
Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribe, Other Backward Classes and Special Backward Category (Regulation of issuance and Verification of) Caste Certificate Act, 2000.
No. STC-1001/C.R.27 (Part -- II)/D.X.- Whereas, under Government Notification, Tribal Development Department No.STC-1001/C.R.27(Part II)/D.X, dated 21st December 2001, a draft of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribe, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2001 was published in the Maharashtra Government Gazette, Extraordinary dated 26th December 2001, Part IV-B, at pages 43 to 56, for calling suggestions and objections in respect of the provisions of the draft rules from the public, as reuired by sub-section (1) of the section 18 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribe, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Mah.XXIII of 2001);
And whereas, having regard to the peculiar procedure required to be followed by the Scrutiny Committees for verification of Scheduled Tribes certifictges in respect of Scheduled Tribes listed in the first Presidential Order dated the 6th September 1950 under article 342 of the Constitution of India and as amended by Parliament, from time to time, notifying list of the Scheduled Tribes in respect of the State of Maharashtra; the State Government has decided to frame separate rules for issuance and verification of Scheduled Tribes certificates under the said section 18 of the said Act.
And whereas the State Government has considered all objections and suggestions received by the Commissioner, Tribal Research and Training Institutite, Pune, in respect of the said preliminary draft and has finalized the draft of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003;
Now, therefore, in exercise of the powers conferred by sub-section(1) of section 18 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribe, Other
Backward Classes and Special Backward Category (Regulation of Issuance and Verifiction of) Caste Certificate Act, 2000 (Mah.XXIII of 2001), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules for regulating the issuane and verification of Scheduled Tribe Certificates to the persons belonging to the Scheduled Tribes, namely:-
1. Short tile and commencement.
(1) These rules may be called the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003.
(2) They shall come into force on the date of publication of the notification in the Official Gazette.
2. "Definitions"
(1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribe, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Mah.XXIII of 2001);
(b) "Appellate Authority" means of officer or an Authority specified by the Government, by notification in the Official Gazette, issued under sub-section (1) of section 5 of the Act, to hear and decide appeals against the Order of rejection of the application for issuance of Scheduled Tribes Certificate by the Competent Authority;
(c) "Applicant" means a person who makes an application for obtaining a Scheduled Tribes Certificate or for verification of such certificate;
(d) "Form" means a form appended to these rules;
(e) "Presidential Order" means the Order issued by the President of India under Article 342 of the Constitution of India and as amended by Parliament, from time to time notifying the list of Scheduled Tribes in respect of the State of Maharashtra.
(f) "Relative" means a blood relative from paternal side of the applicant;
(g) Scheduled Tribe Certificate" means a certificate issued by the Competent Authority indicating therein the Scheduled Tribe to which the applicant belongs;
(h) "Validity Certificate" means a Certificate issued by the Scheduled Tribe Certificate Scrutiny Committee validating the Scheduled Tribe Certificate issued by the Competent Authority.
(2) Words and expressions used in these rules but not defined shall have the same meanings respectively assigned to them in the Act.
3. Procedure for obtaining Scheduled Tribe Certificate from the Competent Authority.
(1) A person who claims to belong to any of the Scheduled Tribes and accordingly desires to have a Scheduled Tribe Certificate shall submit his application in Form A to the Competent Authority.
(2) The applicant shall file with the application an affidavit in Form A-1 duly sworn before the authorized Officer or a Court, mentioning,-
(
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Particulars of the Scheduled Tribe, tribal community; part or group of tribe, which he claims to belongs to;
(b) religion;
(c) the place from which he originally hails;
(d) whether he had applied for grant of Scheduled Tribe Certificate in the State of Maharashtra or in any other State;(e) Whether any Scheduled Tribe Certificate was issued or refused to any of his near relatives in the State of Maharashtra or in any other State;
(3) The applicant shall furnish the attested copies of the following documents with his application for obtaining the Scheduled Tribe Certificate and shall produce the originals thereof, on demand, by the Competent Authority:-
a) i) Extract of the Birth Register in respect of applicant, his father or elderly relatives from paternal side;
ii) extract of the Primary School Admission Register of the applicant, his father or grand father, if available; andiii) Primary School Leaving Certificate of the applicant and his father.
b) documentary evidence in regard to the Scheduled Tribe and ordinary place of residence prior to the date of notification of such Scheduled Tribe;
c) an extract of service record (book) mentioning the Tribe of the applicant''s father or blood relatives who are in Government or any other services;
d) validity certificate, if any, of the father or real uncle or any other elderly relatives from paternal side of the applicant granted by the Scrutiny Committee;
e) revenue record or village Panchayat record if any; andf) other relevant documentary evidence, if any.
(4) If the applicant is unable to produce any one or more of the documents mentioned in clauses (a) to (f), in such cases, the applicant shall state reasons therefor in his affidavit and the Competent Authority may consider the same and after conducting enquiry as he deems fit, shall decide the claim on merit.
4. Procedure to be followed by Competent Authority for grant of certificate or rejection of application for Scheduled Tribe Certificate.
(1) The Competent Authority shall have jurisdiction to issue Scheduled Tribes Certificate in respect of an applicant who himself or whose father/grand father was ordinary residing within the territorial jurisdiction of that Competent Authority on the date of notification of the Presidential Order Scheduling that particular Tribe.
(2) In case the applicant or his father/grand father was not ordinary resident of any place within the jurisdiction of that Competent Authority, temporary residence of applicant for the purposes of services, employment, education or confinement in jail etc. within the territorial jurisdiction of the Competent Authority, shall not confer jurisdiction on that Competent Authority to issue Scheduled Tribe Certificate.
(3) On receipt of the application under section 3 of the Act, the Competent Authority shall ensure that the applicant has furnished complete information in all respects and shall give the acknowledgement with the date or receipt of the application alongwith the list of documents furnished by the applicant with the application.
(4) The Competent Authority shall maintain a register of such applications in Form B.
(5) The Competent Authority shall scrutinize the claim of he applicant and shall satisfy himself about the genuineness of the claim.
(6) The Competent Authority shall verify the documents with the original documents and if satisfied about the...
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