Extra No. 324 © The Gujarat Government Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY VOL. LXII ] MONDAY, OCTOBER 25, 2021 / KARTIKA 3, 1943 Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART IV-B Rules and Orders (Other than those published in Parts I, I-A, and I-L) made by the Government of Gujarat under the Gujarat Acts TRIBAL DEVELOPMENT DEPARTMENT NOTIFICATION Sachivalaya, Gandhinagar, 25th October, 2021.
No.GH/TD/09/AJP/112021/887/CH– The following draft of rules which is proposed to be issued under sub-section (1) of section 18 of the Gujarat Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Act, 2018 (Guj. 19 of 2018) is published as required by sub-section (1) of section 18 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that the said draft of rules will be taken into consideration by the Government of Gujarat on or after the expiry of thirty days from the publication of this notification in the Official Gazette.
2. Any objection or suggestion which may be received by the Secretary to Government of Gujarat, Tribal Development Department, Sachivalaya, Gandhinagar from any person with respect to the said draft rules on or before the expiry of the aforesaid period will be considered by the Government.
DRAFT NOTIFICATION No .......................................... ….- In exercise of the powers conferred by sub-section (1) of section 18 of the Gujarat Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Act, 2018 (Guj. 19 of 2018), the Government of Gujarat hereby makes the following rules further to amend the Gujarat Scheduled Tribes (Regulation of Issuance and Verification of Certificates) Rules, 2020, namely:-
1. (1) These rules may be called the Gujarat Scheduled Tribes (Regulation of Issuance and Verification of Certificates) (Amendment) Rules, 2021.
(2) They shall come into force on the date of publication of the notification in the Official Gazette.
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2. In the Gujarat Scheduled Tribes (Regulation of Issuance and Verification of Certificates) Rules, 2020 (hereinafter referred to as “the said Rules”), in rule 3, for sub-rule (3)and sub-rule(4), the following shall be substituted, namely:- “(3) (1) The applicant shall furnish the attested copies of the following documents along with his application for obtaining the Scheduled Tribe Certificate and shall produce the originals thereof on demand, by the Competent Authority, namely:-
(i) Family Tree affirmed by Talati (starting from the great grand-father;
(ii) Light Bill/extract from the Aakaranee Register/Tax receipt of residence/Aadhar Card/ passport /driving license/ration card/voter’s ID/Bank passbook.
(2) The applicant shall also furnish attested copy of any one of the following documents along with his application for obtaining the Scheduled Tribe Certificate and shall produce the originals thereof on demand, by the Competent Authority, namely:-
(i) Documentary evidence in regard to Scheduled Tribe and place of permanent residence prior to the date of notification of such Scheduled Tribe Order;
(ii) an extract of service record (book) mentioning the tribe of the applicant or his father or grandfather or great grand-father or elderly blood relatives born on the paternal side who are in Government or any other service in any, mentioning Scheduled Tribe;
(iii) an extract of the Birth and Death Register in respect of applicant’s father or grand-father or great grand-father or elderly blood relative from paternal side;
(iv) extract of the Primary School Admission Register of the applicant’s father or grand-father or great grand-father or elderly blood relative from paternal side;
(v) School leaving Certificate of the applicant’s father or grand-father or great grand-father or elderly blood relative from paternal side;
(vi) Scheduled Tribe Certificate in respect of applicant’s father, or grand- father or great grandfather or elderly blood relative from paternal side;
(vii) Validity Certificate, if any, of the father or any other elderly relatives from paternal side of the applicant granted by the Scrutiny Committee;
(viii) Revenue Record like extract of 7/12, sale deed, Records of rights (village form No.6) containing entries of 73A/73AA etc. or Village Panchayat Record, if any.” “(4) If the applicant is unable to produce any one of the documents mentioned in clauses of the sub-rule 3(2) (i) to (viii), the applicant shall state reasons thereof on his affidavit and the Competent Authority may consider the same and after conducting such enquiry as he deems fit, shall decide the claim on merit, provided the applicant has permanent place of residence prior to the date of notification of his tribe in the relevant Presidential Order.”
3. In the said Rules, in rule 10, for sub-rule (3), the following shall be substituted, namely:- “(3) The applicant shall submit the following documents with his application for verification of the Scheduled Tribe Certificate to the Scrutiny Committee, namely:-
(a) Original documents:-
(i) An affidavit in Form E;
(ii) Family Tree affirmed by Talati (starting from great grand-father).
(b) attested copies of documents:-
(i) the Scheduled Tribe Certificate of the applicant;
(ii) Light Bill/extract from the Aakaranee Register/Tax receipt of residence/Aadhar Card/passport/driving license/ration card/voter’s ID/Bank passbook;
(c) Any one of the following documents which prove the Scheduled Tribe status and residential status of the last 40 years:-
(i) Documentary evidence in regard to the Scheduled Tribe and place of permanent residence prior to the date of notification of such Scheduled Tribe Order;
(ii) An extract of service record (book) mentioning the tribe of the applicant or his father or grand-father or great grand-father or elderly blood relatives born on the paternal side who are in Government or any other service in any, mentioning Scheduled Tribe;
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(iii) an extract of the Birth and Death Register in respect of applicant’s father or grand-father or great grandfather or elderly blood relative from paternal side;
(iv) extract of the Primary School Admission Register of the applicant’s father or grand-father or great grand-father or elderly blood relative from paternal side;
(v) School leaving Certificate of the applicant’s father or grand-father or great grand-father or elderly blood relative from paternal side;
(vi) Scheduled Tribe Certificate in respect of applicant’s father, or grand- father or great grand-father or elderly blood relative from paternal side;
(vii) Validity Certificate, if any, of the father or any other elderly relatives from paternal side of the applicant granted by the Scrutiny Committee;
(viii) Revenue Record like extract of 7/12, sale deed, Records of rights(village form No.6) containing entries of 73A/73AA etc. or Village Panchayat Record, if any.”
4. In the said Rules, in Form A appended to the said Rules, for paragraph 5, the following shall be substituted, namely:- “5. Evidence in support of the Scheduled Tribe claim:-
(a) (i) Family Tree affirmed by Talati (starting from the great grand-father;
(ii) Light Bill/extract from the Aakaranee Register/Tax receipt of residence/Aadhar Card/passport/driving license/ration card/voter’s ID/Bank passbook;
(b) The applicant shall also furnish attested copy of any one of the following documents along with his application for obtaining the scheduled tribe certificate and shall produce the originals thereof on demand, by the competent authority, namely:-
(i) Documentary evidence in regard to Scheduled Tribe and place of permanent residence prior to the date of notification of such Scheduled Tribe Order.
(ii) an extract of service record (book) mentioning the tribe of the applicant or his father or grand-father or great grand-father or elderly blood relatives born on the paternal side who are in Government or any other service in any, mentioning Scheduled Tribe;
(iii) an extract of the Birth and Death Register in respect of applicant’s father or grand-father or great grandfather or elderly blood relative from paternal side;
(iv) extract of the Primary School Admission Register of the applicant’s father or grand-father or great grand-father or elderly blood relative from paternal side;
(v) School leaving Certificate of the applicant’s father or grand-father or great grand-father or elderly blood relative from paternal side;
(vi) Scheduled Tribe Certificate in respect of applicant’s father, or grand-father or great grand-father or elderly blood relative from paternal side;
(vii) Validity Certificate, if any, of the father or any other elderly relatives from paternal side of the applicant granted by the Scrutiny Committee;
(viii) Revenue Record like extract of 7/12, sale deed, Records of rights (village form No.6) containing entries of 73A/73AA etc. or Village Panchayat Record, if any.
(c) Affidavit in Form A-1 (see rule 3(2) and further affidavit (see rule 3(4)), if applicable.”
5. In the said Rules, in Form D, in entry at Sr. No. 19, for the words “service”, the words “contesting election” shall be substituted.
6. In the said Rules, in Form D, for entry at Sr. No. 20, the following shall be substituted, namely:- “20. Following documents:
(a) (1) Original documents:-
(iii) An affidavit in Form E;
(iv) Family Tree affirmed by Talati (starting from great grand-father).
(2) attested copies of documents:-
(i) the Scheduled Tribe Certificate of the applicant;
(ii) Light Bill/extract from the Aakaranee Register/Tax receipt of residence/Aadhar Card/passport/driving license/ration card/voter’s ID/Bank passbook;
Government Central Press, Gandhinagar.
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(b) Any one of the following documents which prove the Scheduled Tribe status and residential status of the last 40 years:-
(i) Documentary evidence in regard to the Scheduled Tribe and place of permanent residence prior to the date of notification of such Scheduled Tribe Order;
(ii) An extract of service record (book) mentioning the tribe of the applicant or his father or grand-father or great grand-father or elderly blood relatives born on the paternal side who are in Government or any other service in any, mentioning Scheduled Tribe;
(iii) an extract of the Birth and Death Register in respect of applicant’s father or grand-father or great grandfather or elderly blood relative from paternal side;
(iv) extract of the Primary School Admission Register of the applicant’s father or grand-father or great grand-father or elderly blood relative from paternal side;
(v) School leaving Certificate of the applicant’s father or grand-father or great grand-father or elderly blood relative from paternal side;
(vi) Scheduled Tribe Certificate in respect of applicant’s father, or grand- father or great grand-father or elderly blood relative from paternal side;
(vii) Validity Certificate, if any, of the father or any other elderly relatives from paternal side of the applicant granted by the Scrutiny Committee;
(viii) Revenue Record like extract of 7/12, sale deed, Records of rights(village form No.6) containing entries of 73A/73AA etc. or Village Panchayat Record, if any.
By Order and in the name of the Governoer of Gujarat, MANISH MODI, Deputy Secretary to Government.