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Section 4: Procedure to be forlowed by competent Authority for grant of certifigate or rejection ofapplication for Scheduled Tribe Certificate

The Gujarat Scheduled Tribes (Regulation of Issuance and Verification of Certificates) Rules, 2020State Rules of Gujarat · 2018

GUJARATGOVERNMENTGAZETTE,EX. Ig.Og.2O2O 33I.3 1ef Revenue record or village panchayat record, if any; and

(4) If the applicant is unable to produce any one or more of the documents mentioned in clauses (a) to (e), in such cases, the applicant shall state reasons thereof in his affrdavit and _the Competent Authority may consider the same and after conducting .nqui.y * he deems fit, shall decide the claim on merit, provided the applicant hai permanent place of residence prior to date of notification of his tribe in relevant presidential Order.

(l) on receipt of the application under section 3 of the Act, the competent Authority shall ensure that the applicant has trmished complete information in alr respects and sha gr_v: the acknowledgment with the date of receipt of the application utong *rth tlr" iist ofdocuments furnished by the applicant with thi application.

(2) 1" competent Authority shall scrutinise the claim of the applicant and shall satiss himself about the genuineness of the claim.

(3) Te competent Authority shall veriff the documents with the original documents andif satisfied about the correctless of the information, docurients and evidence ru.ryisn9a by the applicants, he shall issue the scheduled rribe certificate in Form B within fifteen days ftom the date ofreceipt ofthe duly completed application.

(a) The lists of the applicants to whom the Scheduled rribe certificates have been issued or, as the case may be, rejected, during a montlq shall be displayed on the notice board of the office of the competent Authority by the 56 day of tL next succeeding month certificate to that effect sha be recorded in the registei maintained by him.

(5) Each such certificate shall bear.-

(a) serial number of the Scheduled rribe certifrcate issued by the competent Authority;

(b) Sigrrature and oflicial seal of the Competent Authority;

(c) Serial number of the Scheduled Tribe mentioned in the list of the Presidential Order as well as title of the Order;

(d) Name and designation of the officer, acting as the Competent Authority, below his signature;

(e) Date and place ofissuance ofCertificate;

(6) If the competent Authority is not satisfied with the claim of the applicant on the scrutiny of evidence produces, the Competent Authority may, after recording reasons there-of, order a further enquiry as he deems fit. For conducting the inquiry, the Competent Authority shall issue a notice, giving a clear fifteen days period from the date of issue of the notice, to the applicant or any other person concemed for attending the enquiry proceedings.

(7) Where a person on whom a notice is served under sub-rule (6) by the Competent Authority fails to appear before it, on the date mentioned therein, the Competent Authority shall give one more opportunity to him and then decide the application as well as objections raised, ifany, on merits ofthe case.

(8) Where the applicant fails to appear before the competent Authority, the Competent Authority shall complete the enquiry within a period of thirty days from the date of the order of enquiry.

331-4 GUJARATGOVERNMENTCAZETTE,EX. 19-09-2020 ',IPART-IV-B . (9) After considering the evidence produced by the applicant or any other ry:t:::':-11:

behalf, and the iatement of the applicant and after taking into account the materral gathered uy tr,. con,p;nt Authoiity, if the competent Authority is satisfied about the genuineness of the claim; he shall grant the siheduled Tribes certificate to the applicant *itf,in u-p".ioJ of iorty-frve dlays from the date of the application. In Case , the authoriry ls noi satisfied, hi may reject the application after recording reasons thereof.

(10)Incaseoftherejectionoftheapplication,theCompetentAuthorityshallgiveacopy of the Order, ir"l, oi."rt, immediately, after passing ofthe order, to the applicant and , obtain * *t.,,o*t"dg.ment thereof. The Competent Authority shall, specifically state below the op.-tir" f"tt of the Order, that the applicant-tt*." lght "t" appeal and shall mentionabouttheAppellateAuthorityandtheperiodoflimitationforappeal.

5. Procedure for obtaining Scheduled Tribe Certificate who have been provided area specific reservation '"s -[er Presidential Order SRO'2477-A, dated the 29th October, 1956:

(l ) The competent Authority shall have jurisdiction to issue Scheduled Tribe certificate in respect of an applicani who himself or whose father or grand-father or great grandfatheriwhicheverisapplicable),waspermanentlyresidingfrtil.h:territorial iurisdiction of thai Competent Authoiity on th" dut. of notification of the Presidential Order scheduling that particular Tribe'

(2)Incase,theapplicantorhisfatherorgrand.fatherorgrealgrandfather.(whicheveris applicable),wasnotpenrranenlresidentofanyplacewithin.thejurisdictionofthat iornp"t"nt eutt ority, temporary residence of applicant f9r the purryry of services' . employment, education or confinement in jai! etc. within the territorial jurisdiction of theCompetentAuthority,shallnotcorrferjurisdictiononthatCompetentAuthorityto issue Scheduled Tribe Certificate'

(3)TheCompetentAuthorityhavingterritorialjurisdiction.toissue^^ScheduledTribe certificate shall be the only authority to issue certificate in case of Scheduled Tribes which have been provided area spe"ift" t"s"*ation as per the Presidential Order and are permanent resident of concerned area on the deemed date'

(4) The applicant shall submit the application for scheduled Tribe certificate to the CornpetentAuthorityhavingtenitorialjurisdictionwheretheyarepermanentresident on th; date of declaration ofPresidential Notification'

(5) The applicant shall submit documentary evidence of the permanent residence on the declaration of presidential Notification iri the notified area shall be submitted along with all document as per rule 3 of these rules'

6. Maintenance of record by the Competent Authority

(l) The competent Authority shall maintain a register, in Form c, ofthe Scheduled Tribes ' Certificates issued bY him.

(2) The Competent Authority shall forward an exuact of the register of the Scheduled Tribes Certificates issued for each calendar month to the following authorities before the 5th day of the next following month, namely:-

(a) The Commissioner, Tribal Development Department;

(b) The concerned Scrutiny Committee;

(c) Collector of the concerned District;

PART-IV.B ] GUJARAT GOVERNMENT GAZETTE, EX,' 19-09.2020 JJ I.)

(d) Office of the Assistant Commissioner, Tribal Development Department.

(3) The register of the Scheduled Tribe Certihcate so maintained by the Competent Authority shall be open for inspection by the general public.

Where this provision sits

ActThe Gujarat Scheduled Tribes (Regulation of Issuance and Verification of Certificates) Rules, 2020
Section4
Marginal noteProcedure to be forlowed by competent Authority for grant of certifigate or rejection ofapplication for Scheduled Tribe Certificate
JurisdictionState of Gujarat
StatusIn force as published by the source

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