 explanation: relaxation of marks in favour of students/candidates belongingto scheduled castes and scheduled tribes shall be only for admission into the course of study or faculty and there shall be no relaxation of marks for qualifying examination for degree course (4) every student belonging to a scheduled caste or a scheduled tribe shall be paid travelling allowance for attending interviews for admission in any course protection of 8 no suit prosecution or other legal proceedings shall lie against any educational institution or head of the institution, for anything done in good faith the action taken in good faith in implementation of the provisions of this act or rules made thereunder or in operation liaison officer 9 every director of school education (secondary education/intermediate board/higher education etc) by whatever name be called or an officer of the appropriate government who has ultimate supervisory jurisdiction over the concerned educational institution shall nominate such number of officer or officers not below the rank of district/deputy education officer to ensure proper implementation of this act, who shall, in particular, be responsible for— (i) proper and full implementation of this act and rules made thereunder or existing order, instructions or directions issued by the appropriate government; 20) (ii) making the annual inspection of the records of the educational institutions in such a manner as may be prescribed or as is in vogue; (iii) to do such other incidental work as may be necessary for effective implementation of this act or rules made under this act or in force not inconsistent with this act or the rules made thereunder; 25 (iv) scrutinising annual reports received from each educational institution and submit recommendations thereon to the appropriate government 10 (/) every educational institution shall maintain such records as may be prescribed and shall furnish in every academic year to the appropriate government 30in such manner and within such time as may be prescribed duty of the head of the educational institution (2) every educational institution shall submit an annual report on the admission of the students/candidates belonging to the scheduled castes and the scheduled tribes made in the educational institution or under its control to the concerned district educational officer (3) it shall be the duty of the head/incharge of the educational institution to make available such records or documents in particular of false claim of caste status and action taken thereon and the result thereof, shortfall of reserved seats for inspection by the liaison officer or the district education officer and furnish such information or arrange such assistance as may be necessary for him to carry out his functions under this act report 11 (j) the appropriate government shall submit periodically, to the central government, and to the legislature of the state, every year the consolidated report of the students admitted in higher education, false claims of social status detected and the result of the action taken; (2) the report shall also contain the number of unfilled seats and those filled with general category candidates, with reasons therefor; (3) the report shall be caused to be laid on the table of both the houses of parliament/legislature of the state by the appropriate government 12 whoever responsible for implementation of any provision of this act or tules made under this act or in vogue, has been found contravened or failed to implement the same or rules made by the appropriate government under this act or are in operation shall-be punished with imprisonment which may extend upto six months and with fine of not less than rupees three thousand or with both: provided that nothing in this section shall render any person liable to punishment, if he proves that he had made every bona fide endeavour or exercised utmost care, attention and diligence to implement the provision of the act and rules made under the act or are in force 10 13 (1) whosoever knowingly makes a false claim that he is a member of a scheduled caste or a scheduled tribe, as the case may be, and whosoever charged with the responsibility of issuing a caste certificate, knowingly issues a false caste certificate or knowingly attests an affidavit and subsequently it is proved that the person does not belong to a scheduled caste or a scheduled tribe, shall be punished with imprisonment of not less than one year and fine which may extend upto rupees ten thousand (2) whenever any question arises whether the caste certificate is correct and genuine the burden of proof that the contents of the affidavit/caste certificate is not false to his knowledge, shall lie on the accused/certificate issuing authority 20 (3) the conviction under sub-section (2) of this section shall disqualify the person for future admission in any other educational institution or appointment in any establishment under the appropriate government with status as scheduled castes/scheduled tribe and the accused shall not be eligible to contest an election to the house of the people or legislative assembly of a state and the provision of 95125 the representation of the people act, 1951 shall be deemed to have been amended accordingly 1976 14 the notification issued by the president of india under article 341 (1) or 342 (1) of the constitution of india or as amended by scheduled castes and scheduled tribes orders (amendment) act, 1976 of the social status of the caste or sub-caste/tribe shall be conclusive proof of the caste/sub-caste/tribe/sub-tribe 30 15 (/) no prosecution for an offence under this act shall be maintained against an officer except by, or with sanction of, the appropriate government 974 35 (2) the appropriate government shall consult the national commission for scheduled castes and scheduled tribes before grant of sanction under section 197 of code of criminal procedure, 1973 and the advice tendered by it shall be binding on the government (3) no court shall take cognizane of an offence punishable under this act save on a complaint by the aggrieved person or on a report by a competent police officer or except as pgovided under sub-section (1) 40 (4)no court, inferior to that of a metropolitan or a judicial magistrate of the first class, shall try an offence punishable under this act (5) an offence under the act shall be non-bailable 16 every educational institution shall be bound by the act and rules made under this act or existing rules, not contrary to or inconsistent with the provisions 45 of this act or as the central government may, by general or special order, in writing from time to time, to give effect to the provisions of this act 17 all rules made by the government of india or the concerned state government or the union territory or local body regulating the implementation of the reservation of seats for admission in the educational penalty - for contravention of provisions of the act penalty for false claims or issue of false social certificate proof of castes cognizance of the offence by courts power of central government to give directions effect and extent of the operation of existing rulesinstitutions under its control to safeguard the interests of the scheduled castes and the scheduled tribes, before the commencement of this act and which are not inconsistent with the provisions of this act or rules made thereunder shall be in force act to have over-riding effect 18 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law, order, judgement or decree of any court, tribunal or authority for the time being in force or any instrument having effect by virtue of any law removal of difficulties 19 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order to be published in the official gazette, make such provisions for removing any difficulty (2) every instruction or direction or order made under sub-section (1) shall, soon after it is made, be laid before each house of parliament annual 20 the central government shall lay a report every year giving full detail report to be of the implementation of the act during the preceding year before each house of 15 the parliament laid in parliament power to make 21 (1) the central government may, by notification in the official gatules zette, make rules for carrying out the provisions of this act (2) in particular, and without prejudice to the generality of the foregoing, such rules may provide for all or any of the following matters, namely,— 20 (a) the percentage of seats to be reserved for admission in educational institutions for the scheduled castes and the scheduled tribes consistent with the percentage of population in the latest census; (b) guidelines for identifying educational institutions which are not already covered under section 2(d) for inciusion therein; 25 (c) relaxation of upper age limit or percentage of qualifying marks for admission into educational institutions/courses of study or faculty wherever reservation for admissison is made; (d) exemption from payment of application fee or relaxation thereof; 30 (e) authority to determine the travelling allowance payable,, if any, for attending the interview for admission in the educational institutions, to the candidates belonging to the scheduled castes and the scheduled tribes; (f) rank of the officer to be nominated as a liaison officer or inspection officer; (g) forms prescribed for maintaining the records and documents relating 35 to the implementation of the act; (h) the authority to sanction prosecution against the officer or officers who have contravened the provisions of the act; (i) the procedure for inquiry by the educational institutions or appellate authority against false claim of social status by any of the candidate 40(j) any other matter which is required to be or may be prescribed; (3) every rule made under this act shall be laid, as soon as may be, after it is made,, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more "successive sessions, and if, before the expiry of the session immediately fol- | lowing the session or the' successive session aforesaid, both houses agree in aking any modification in the rules or both houses agree that the rules should "not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or nulment shall be without prejudice to the validity of anything previously done 0 under this act or rules made thereunder  schedule affidavit| son/daughter of - of village/town within the jurisdiction of ——————-—_________ - police station in - taluk/mandal "in the district/division - of the state/ union territory belong to —————_——__——_—_ community/caste/tribe which is recognised in item no, ————-—__—— - as the scheduled caste/scheduled tribe under the constitution (scheduled caste/scheduled tribe) order, 1950 as amended from time to time by the scheduled caste/scheduled tribe list modification order, 1956, the bombay reorganisation act, 1960, the punjab reorganisation act, 1966, the state of himachal pradesh act, 1970 the north-eastern areas (reorganisation), 1971 and the scheduled caste/scheduled tribe order amendment act, 1976 | ————_, son/daughter of - further state that myself and my parents ordinarily/normally reside in the said village/town and within the jurisdiction of -————— police station in ———————taluk/mandal in the district/division—— of the state/union territory | further solemnly verify and state that the facts stated above are true and correct to the best of my knowledge and belief and no part of the statement is incorrect or false signature attested by gazetted officer note: in case the candidate is son/daughter of a migrant labourer/transferee, it should further be stated in the affidavit the date of migration/transfer and the duration of stay in the migrated/transferred state in which the caste/tribe was not recognised as a scheduled caste/scheduled tribe the following are eligible to attest the affidavit: (1) district magistrate/additional district magistrate/collector, deputy commissioner/additional deputy comissioner/deputy collector/first class stipendary magistrate/sub divisional magistrate/taluk magisrate/executive magistrate/extra assistant commissisoner (2) chief presidency magistrate/additional chief presidency magistrate/ presidency magistrate (3) revenue officer not below the rank of tehsildar and (4) sub-divisional officer/mandal, revenue/development officer of the area where the candidate and/or his family normally resides statement of objects and reasonsthe constitution of india assures equality of opportunity and of status, socio-economic justice to all the citizens of the country due to practice of untouchability on the scheduled castes and people living in the inaccessible scheduled areas, they have been denied education and opportunity for higher education article 46 of the constitution imposes a duty on the state to promote with special care of the educational interest, in particular of the scheduled castes and the scheduled tribes and shall protect them from social injustice article 38 imposes duty on the state that it shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice social, economic and political shall inform all the institutions of national life and to endeavour to eliminate inequalities in status, facilities and opportunities among individuals as well as groups of people of the country article 51a(j) imposes fundamental duty on every citizen to strive towards excellence in all spheres of individual and collective activity so that the nation consistently rises to higher levels of endeavour and achievement for this purpose, special provision for the social and educational advancement of the scheduled castes and scheduled tribes, has been made it has been the policy of the government of india and the state governments to provide, in implementation of the aforesaid constitutional mandates, reservation in admission in all educational institutions in all the courses of study, faculties and disciplines to the scheduled castes and the scheduled tribes not only in humanities but in engineering, technical, medical, post-graduation, mphil, phd, super-specialities and technical courses of study so that the every scheduled caste and the scheduled tribe educated youth have opportunity to improve intellectual excellence and secure equality of status and dignity in the society in indira sawheny case, the supreme court opined that reservation in technical, super-specialities and other advanced and specialised courses of study shall not be made for the scheduled castes and scheduled tribes in another instance in dr preeti srivastava's case, the supreme court held that reservation in super-specialities in medical courses of study is not in the national interest and cannot be made and directed the medical council of india to consider whether reservation for admission in post-graduation course of study can be provided to the scheduled castes and the scheduled tribes the five judges bench of the supreme court in post-graduation centre in chandigarh case, held that clubbing of the single post in post-graduation or in super-specialities is illegal it also held that relaxation of marks with disparity of ten marks between general and reserved candidates for admission of scheduled castes and scheduled tribes to the extent of reserved seats as illegal the aforesaid judgements defeat the very object of the reservation policy, purpose and constitutional animation and deny opportunity to the scheduled castes and scheduled tribes of education and deprive them to strive towards intellectual excellence in all spheres of their educational activities and to improve their cultural advancementwith a view to effectively implementing the policy of reservation to the scheduled castes and the scheduled tribes in admission to the seats at the prescribed percentage in all courses of study and in all faculties, disciplines, professional courses etc and to relieve the hardship to the scheduled castes and the scheduled tribes from the afore-mentioned judgements, it is proposed to bring a law hence this bill new de tui; rashtrapal pravinchandra somabhai 23 december, 1999 financial memorandumno additional/fresh recurring or non-recurring expenditure is likely to involve from the consolidated fund of india since the existing concerned departments and ministries are already implementing the scheme of reservation in education  memorandum regarding delegated legislationclause 21 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of the legislative power is of a normal character 