(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 Tahasildar 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 a university or any educational Institution, make an application to the Tahasildar in such form and in such manner as may be prescribed for issue of an income and caste certificate.
(3) The Tahasildar 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 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 Tahasildar 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]1
1. Inserted by Act 27 of 1997 w.e.f. 8.2.2000 1[4B. Appeal against order under section 4A.- (1) Any person aggrieved by an order of the Tahasildar under section 4A 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] 1 1991: KAR. ACT 7] SC, ST and OBC Reservations 555
1. Inserted by Act 27 of 1997 w.e.f. 8.2.2000 1[4C. Verification of Caste Certificate and Income and Caste Certificate.- (1) The State Government shall constitute 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 4A or section 4B.
(2) Any person who has obtained a caste certificate or an income and caste certificate under section 4A or 4B 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 form or reject the application]1
1. Inserted by Act 27 of 1997 w.e.f.d 8.2.2000 1[4D. Appeal.- (1) Any person aggrieved by an order passed by the Verification Committee under section 4C may, within thirty days from the date of receipt of the order appeal,-
(i) to the Commissioner / Director, Social Welfare in case the verification certificate relates to a person belonging to the Scheduled Castes;
(ii) to the Director, Tribal Welfare in case the verification certificate relates to a person belonging to the Scheduled Tribes;
(iii) to the Director, Backward classes Department, in case the verification certificate relates to a person belonging to other Backward Classes;
in such form and in such manner and on payment of such fee as may be prescribed.
(2) The Appellate Authority shall after giving to both the parties an opportunity of being heard pass such order in appeal as it deems fit.
(3)2[XXX]2]1
1. Substituted by Act 8 of 2004 w.e.f. 23.2.2004.
2. Omitted by Act 17 of 2007 w.e.f. 5.1.2007.
SC, ST and OBC Reservations 1991: KAR. ACT 7] 556 1[4E Tahasildar and the Verification Committee to exercise the powers of the Civil Court.- Tahasildar and the Verification Committee, while holding enquiry under this Act, shall have all the powers of a Civil Court while trying a suit under Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) and in particular in respect of following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on Oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any Court or office;
(e) issuing commissions for the examination of witnesses or documents;
and
(f) any other matter which may be prescribed;