(1) Government shall, by notification, in the Official Gazette, declare any officer higher in rank than the Competent Authority concerned as the Appellate Authority.
(2) Any person aggrieved by arr order of rejection of application passed by the Competent Authority under sub-section (1) of section 4 may, within 30 days from the date of receipt of order, appeal to the Appellate Authority.
Issue of Caste Certificate by Competent Authority.
(3) The Appellate Authority may, within a period of three months, after giving the appellant an opportunity of being heard and after satisfying itself about the gentiineness or otherwise of the claim of the appellant, either confirm the rejection order or set aside the order of the Competent Authority and direct the Competent Authority to issue the Caste Certificate.
Scrutiny • 6. (1) The Government shall constitute by notification in the Official Committee.
Gazette, one or more Scrutiny Committees for verification of Caste Certificates issued by the Competent Authorities under sub-section (1) of section 4 specifying in the said notification the functions and the area of jurisdiction of each of such Scrutiny Committees.
4
(2) The appointing authority of the Government, Central Government, Local Authority, public sector undertakings, educational institutions, Co-operative Societies or any other Government aided institutions may make application, in such form and in such manner as may be prescribed, to the Scrutiny Committee concerned for the verification of the Caste Certificate, if any doubt arises about the genuineness of the Caste Certificate produced by any person to get any benefit on the basis of such Certificate:
Provided that the Scrutiny Committee shall also have the power to verify suo-motu the genuineness of a Caste Certificate issued by the Competent Authority:
Provided further that the person whose Caste. Certificate has been subjected to verification shall not be debarred to avail the benefit nor shall discontinue to avail the benefit until the Caste Certificate is cancelled by the Scrutiny Committee.
(3) The Scrutiny Committee shall follow such procedure for verification of the Caste Certificate and adhere to the time limit for verification and grant of validity certificate as may be prescribed.
Confiscation 7. (1) Where, before or after the commencement of this Act, it comes and cancellation to notice that a person not belonging to any of the reserved category has of false obtained a false Caste Certificate to the effect that either himself or his Caste Certificate. children belong to such reserved category, the Scrutiny Committee may, suo-motu or otherwise, call for the record and enquire into the correctness of such Certificate and if it is of the opinion that the Certificate was obtained fraudulently, it shall, by an order, cancel and confiscate the Certificate by following such procedure as may be prescribed after giving the person concerned an opportunity of being heard and communicate the same to the concerned person and the concerned authority, if any.
(2) The order passed by the Scrutiny Committee under this Act shall be final and shall not be challenged before any authority or court except the High Court under article 226 of the Constitution of India,
8. Where an application is made to the Competent Authority under section 3 for the issue of a Caste Certificate in respect of any reserved category and in any enquiry conducted by the Competent Authority or Scrutiny Committee or the Appellate Authority under this Act or in any trial of offence under this Act the question arises about the genuineness of the claim of the applicant the burden of proving that the person belonged CO such Caste, Tribe or Class shall be on such applicant.
Burden of proof.
Powers of 9. The.Competent Authority, the Appellate Authority and the Scrutiny Com petent Committee shall, while holding an enquiry under this Act, have all the Auo, Appellate powers of a Civil. Court while trying a suit under the Code of Civil Procedure, Authority 1908 and in particular in respect of the following matters, namely:— and Scrutiny Committee. •
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any Court or officer; and
(e) issuing Commissions for the examination of witnesses or documents, 5 of 1908.
Withdrawal of benefits secured on the basis of false Caste Certificate.