Whoevcr "'10t beirg a person belongmg to any of the Scheduled Caste~ or the Scheduled Tnbes secures an appointment in Government 01 other ElStitutwns refencd to 111 ~ecuon 16 Jg<iu.~t the posts reserved for the Scheduled Castes or the Scheduled Tnbe-. or is elected to ar.y of the elective offices of any local authonty or co-operative society agau:~t the office reserved for such Ca~te's or the Tlibes oa the baSIS of a false com munity certificate, shall on CO!WICtlon, be puni~hable with rigorous Impwon- 0 ment for a term which shall not be less than SIX moHth~ but wh1ch may e'<:tend upto,two years and with fine which shall•1ot be le% tha11 one thoma"::.d 1 upec< but which may exte11d up to five thousand rupees.
Provided that the Court may, for adequate and ~peCial rea~ons to be recorded in the judgment, 1mpo~e a ~e'ltence of Impii~o~ment for a lesser term or fine
18. Penalty for zssuzng false communzty certzjicatc -(I) Any person or authonty perfmming the functions of Competc11t Authqnty w•dcr tlu~ Act, who intentionally issue~ a false commumty ceruiicate, shall on conviction, be punishable with r1gorou' impnsonment for a term wh1ch 'hall not be less than six months but which may extend upto two years and aho With fi1·e whirh shall not be less than one thousa.-,d rupees but wh1ch may exte•:d upto five thousand rupees:
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Provided that the Court may, for adequate and special reasons to be recorded In the judgme'1t, Impose a sentence of imprisonme.1t for a lesser ·term or fine . C?) No court shall take cogni7..ance of an offence pu:1ishable under tlus sect10:1 except With the previous ~ancuon of the Government.
I 9. Penalty for preparation and submmion of false rejJOrts by the expert agency (I) Any officer or group of officers pofOiml•'g the functio:1s of the Expert Ager:cy under th1< Act, who iPte·li!Onally prepare~ any report and submits the ~arne to any authonty or to the Governm~nt, where by any person who IS not a member of tny Scheduled Caste or the Scheduled Tr'be happens to secme commu 11ty cerufic.,tC' from the Compete11t Autholity or secwe any benefits e"cluslvc'y I 1tc 'dcd lor Scheduled C:t.~te or the Scheduled Tr·bes, a~ the caoc may be, 01 intentionally prepa1e a•-d submit a report to any authmity 01 to the Government to deprive a member of aay SchC'dulecl Caste or the Schedule.! Tnbe of the be.1efit~ due, a~ such member of any Sc!1eduled Caste or the Scheduled Tnbe, as the case may be, shall on conviction be pubishable w1th ng01nu~ impnsopment for a te1m whKh shall not be less tha!1 SIX mo,lth~ but wh1ch m1.y extend upto two years a11d also with fine wh1ch ~h~ll not be les~ than 011e thousand rupee~ but which may exte·•d upto five thousaHd rupees.
Prov dea that the Court may fot adequate and special reasons to be recorded 111 the JUdgme,lt impo~e a sentence of imprisonment for a lesser term or fi·,e.
. (2) No court shall take cogmzance of an offence punishable under tlus sectiOn ex('rpt with the previous sanction of the Government.
20. Penalty for abetters -Whoever abets any offence punishable under this Act shall be pu'1Ished w1th the pu·ushme·lt provided for in this Act for such offe,1ce.
() 21 Ertablzs.~mmt of Specw[' Courts.-Fo!' t:1e purpose of provid1 ng for speedy trul, thr Stc ,e Governmrnt ~hall with the concut renee of t11c Chief ]) J udstice of the Htgh Court, by not1ficat;on m the Gazette, ~peofy for each dtstrict a Court of SessiOn to be a Spec1a\ Court to try the offences under this Act.
22 Specza! Publzc Prosecutor -For every Special Court the State Govern ment shall, by notification in the Gazette, specify a Public Prosecutor, or appoint an advocat~ who was m practice as an advocate for not Jess than seven yrars, as Special P•1bhc Pros~c11tor for the purpose of conducting the cases under this Act m that Court I t 125
21. Offence wzder the Act co~'t<zablc and non-bmlablc -Notwithstanding anyt•nng c<·ntanv·d In the C0dc of Cnmmal P1 0ccdure. 1973 (Central Act , 2 of l q74) all df.:nces und<~r th1~ Act shall be c(\gnizable and non-bailable.
I