Furnishing Inputs of all the Certificates:- One of the roles of VAO TN
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NOTE ON THE ISSUE OF CERTIFRICATES BY THE
REVENUE DEPARTMENT
The Certificates mostly issued to the Public in the districts by
the Revenue Officials are :
1.
Community Certificate
2.
Nativity Certificate
3.
Income Certificate
4.
Nationality Certificate
5.
Legal Heir Certificate
6.
Solvency Certificate
7.
Birth Certificate
8.
Death Certificate
9.
No Graduate in the family certificate
10.Certificate for Destitute Children for admission in Orphanage School.
11.Destitute Widow Certificate for priority in getting job opportunity.
12.Inter-caste
Marriage Certificates for getting assistance from
Government and admission in the School.
13.Certificate for the loss of School Certificates.
14.Deserted Women Certificate.
15.No Government Servants in the family
16.The family is in indigent condition.
Income, Community and Nativity Certificates are required by
the students leaving the High/Higher Secondary Schools on completion of
study either for further study or for employment opportunities. These
students have to approach the Tahsildars after the results are published.
The Government have ordered that these certificates shall be given to the
students alongwith the transfer Certificates by the Head Masters of the
schools. The students requiring these Certificates shall apply well in
advance alongwith the required documents to the Head Master concerned.
The Head Master will attest and forward the applications to the Tahsildar
concerned. Proper enquiry should be conducted by the Taluk Staff. Then
the Certificates are prepared and sent to the Head Master concerned for
distribution to the students.(G.O.Ms.No.165, Rev, dated 1.4.99).
The permanent Community Certificates to the students shall
be issued once and it can be used for the purpose of employment,
education etc, within the State of Tamil Nadu.
An annual statement for the period ending on 31st May in the
form prescribed in Commissioner of Revenue Administration Letter
No.RA.5(3)/24340/99, Dated 19.4.99 shall be sent before 30th June of
every year.
2. The procedure to be followed in the grant of various
certificates are as follows:
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1.
COMMUNITY CERTIFICATE
I. GENERAL : In the year 1988, the system of issuing permanent
Community Certificate has been introduced for the reduction of
unnecessary pressure on the persons and also on the revenue
machinery. This is valid for securing admission in all Educational
Institutions and other professional institutions and also for employment.
The students can be given priority but the permanent community
certificate is intended to everybody requiring the certificate. The original
certificate need not be sent with the application, but can be produced
at the time of interview. This system of issuing permanent Community
Certificates will apply to the institutions in Tamil Nadu coming under the
control of the State Government. It will not have any binding on the
institutions of Government of India, its undertakings and other State
Governments. The certificate required by the applicants for purpose of
employment in Central Government offices should be issued in the
form prescribed by the Government of India for this
purpose.(G.O.Ms.No.1509, Revenue, dated 27.11.1991).
II. PROCEDURE:
1.
The applicant can make the request to the Tahsildars with or without
the recommendation of the Revenue Inspectors/Village Administrative
Officers. If it is without the reports of the Revenue Inspectors/Village
Administrative Officer, the Tahsildar can send the papers to either one
or both of them for report.
2.
No court fee stamp need be affixed on the requests for issue of
Community Certificates. (Vide G.O.Ms.No.97, Revenue, dated
15.2.94).
3.
Whenever applications are received for Community Certificates, a
printed acknowledgement card should be given indicating therein the
probable date on which the applicant should collect the community
Certificate from the Tahsildar concerned.(Government Lr.(Ms)
No.1341, Revenue, dated 22.7.1988).
4.
The Tahsildar may also fix a time when the certificate shall be issued
either by him or by the Deputy Tahsildar. At any cost, it should not
exceed 15 days for all communities except Schedules Tribe. For
Schedules Tribe, the maximum limit is 30 days (vide Citizens Charter).
5.
A register with 14 columns should be maintained in the form prescribed
in G.O.Ms.No.2240, Revenue, dated 30.11.88, which would show the
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dates of receipt of application and issue of certificates. These registers
should be kept permanently by the Tahsildars and the Village
Administrative Officers.
6.
The list of applicants for Schedules Caste/Schedules Tribe can be
published in the notice boards of Taluk and Panchayat Union Offices
and Panchayats and Chavadi in the Village concerned inviting
objections from the public before enquiry is made.
7.
The Community can be determined with reference to the documents
registered, Community Certificates obtained earlier by the
parents/relatives, School Certificates of the person concerned or of
parents, open enquiries in the village including the members of the
local body verification of their habits, personal enquiry of the applicant,
etc.
8.
The Community can also be decided based on the places of residence
of the applicant's father or grand father, place where permanent
properties lie, besides its value, mother tongue, place of education, his
marriage, period of stay of their parents in Tamil Nadu and Outside
Tamil Nadu. (Letter (Ms) No.2510, Social Welfare Department dated
23.9.1986).
9.
No certificates based on the certificates issued by the Community or
Caste Sangam should be given. There should be an independent
enquiry.(Govt. Lr.No.4806/96-3, BC 7 MBC, dated 5.8.1996).
10.No certificate for the communities not included in the lists approved by
the Government should be issued.(Govt. Lr.No.11823/BC/92-5, BC &
MBC dated 29.10.1992).
11.The certificate to the following communities should be approved/signed
personally by the officers noted against them:
Backward Class
Deputy Tahsildars(Headquarter
Deputy Tahsildar or Zonal Deputy
Tahsildar).
Most Backward Classes Deputy Tahsildars
Scheduled Castes Tahsildar
Scheduled Tribes Revenue Divisional Officer/District
Adidravidar Welfare Officer/Sub-
Collector & PA(G) to the Collector of
Chennai only.
Other Backward Class Not below the rank of Taluk Tahsildar
(G.O.Ms.No.2906, Revenue, dated 4.11.1981
G.O.Ms.No.2137, AD & TW, dated 11.11.1989
G.O.Ms.No.28, BC/MBC, dated 19.7.1994
21
G.O.Ms.No.1888, Revenue, dated 10.11.1983
G.O.Ms.No.31, AD & TW, dated 4.3.99).
12.Office copies of the Certificates issued should be available in the file.
13.The entries in the register maintained in Taluk Office should be verified
and attested by the issuing authority.
14.Under column 8 of the Special Register, the Serial numbers of the
Community has to be filled up. (CRA's Lr.No.Q2/48652/89, dated
17.1.1999) (G.O.Ms.No.2240, Revenue, dated 30.11.88).
15.(a) Extracts
of Registers should be sent to the Commissioner of
Revenue Administration every year.
15.(b) The extracts of Special Registers in the Commissioner of Revenue
Administration's office should be computerised in the Revenue
Administration Department itself atleast for one year after the receipt of
completely srcutinised date from the District Collectors. After
computerisation of this date, the relevant software package may be sent to
the Collectors concerned. (Govt. Lr.No.7603/W1, 89-4, Revenue, dated
31.3.1989).
III. ISSUE OF CERTIFICATES TO CERTAIN CLASSES OF PERSONS
As per Government of India Lr.No.12017/94, dated 24.3.94,
the migrants from one district to another have to obtain this certificate from
their native district only.
A. MIGRANTS: In the case of persons claiming migration from one
District/State to another, the Government of India have clearly mentioned
that the revenue authorities can alone make reliable enquiries besides
having access to the relevant revenue records before Community
Certificate is issued to deserving Scheduled Caste/Scheduled Tribe. The
persons migrated from a place outside the District should be advised to
get a Community Certificate from the original place of abode. However,
when the issuing authority requires verification through detailed enquiry,
this may be done. (Government of India's Lr.No.EC/16014/1/82, Sec/BCD,
Ministry of Home Affairs, dated 22.2.1985).
(Government of India's Lr.No. 12017/7/94, SCD (R.Cell) Ministry of
Welfare, dated 24.3.1994).
(B) ISSUANCE OF OTHER BACKWARD CLASSES CERTIFICATE TO
THE MIGRANTS FROM OTHER STATES/UNION TERRITORIES:
The 'Other Backward Class' Certificate may be issued to a
person who had migrated from another State on the production of a
genuine certificate issued to his father by the prescribed authority of the
State of his father's origin and after satisfying themselves of the
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correctness of the certificates., it should be specified in the certificate that
the certificate is issued to enable the other Backward Classes to derive
benefits/concessions available to them in the State of Origin and the Union
Government and not from this State. (Lr.No.18513/BCC/93-14, BC &
MBC, dated 14.7.94).
Community can be decided based on the places of residence
of the applicant's father or grand father, place where permanent properties
lie besides their value, mother tongue, place of education, his marriage,
period of stay of the parents in Tamilnadu and outside Tamilnadu.
(G.O.ms.No.2510, SW, dated 23.9.1986).
The Government have introduced the scheme of award of
Gold Medals as incentive to inter-caste married couple with the object of
creating a caste-less society. The definition of the inter-caste marriage is
as under:
a) Scheduled Caste or Schedules Tribe and Forward Communities;
b) Scheduled Caste or Scheduled Tribes and Backward Classes;
c) Scheduled Caste and Scheduled Tribe and Most Backward Classes;
d) Forward Community and Backward Class or Most Backward Classes.
(G.O.Ms.No.1907, AD & TW Department, dated 29.9.89).
© Children born out of inter caste Marriage
The children born in inter caste marriage shall be considered
to be belonging to either community of the father or mother according to
the declaration of the parent. The declaration made in respect of one child
will apply for all the children (G.O.Ms.No.477, SW, dated 27.6.75)
(G.O.2D.No.17, AD & TW, dated 16.8.94).
IV PERSONMS SUFFERING FROM LEPROSY;
In the case of requests from the persons suffering from
Leprosy, the following procedure shall be followed:
a) The Revenue official himself can write in the application the name of
leprosy affected applicant, etc. noting that " he could not sign due to
leprosy". This should be attested by two independent witnesses and
then the certificate required may be issued.
b) The heir of the petitioner suffering from leprosy or a person known
personally to him or the Village Administrative Officer can sign in the
application on behalf of the petitioner.
c)
The person in charge of the residential home where he is residing or
under whose care he is living can sign or put in LTI on behalf of the
applicant.
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d) Certificate can then be issued.(G.O.ms.No.254, Revenue, dated
21.2.1984). (Govt. Lr.No.89259/W1/87-2, Revenue, dated 29.2.1988).
(V) ISSUE OF CERTIFICATE TO SCHEDULED TRIBES
(a) Originally,
the Tahsildars were empowered to issue Community
Certificate in respect of Scheduled Tribes. As per G.O.Ms.No.2137, AD
& TW, dated 11.11.1989 the Revenue Divisional Officers are
empowered to issue certificates to all communities included in the list
of Scheduled Tribes. As per G.O.Ms.No.31, AD & TW dated 4.3.99 the
District Adi-dravida and Welfare Officers are also empowered to issue
Community Certificates to Scheduled Tribes Communities. The
certificates issued prior to 11.11.1989 by Tahsildars are valid as per
Government letter No.35484/ADW.II/91-1, dated 16.9.91. Only in case
of doubts, they may cause enquiries and verification as per rules.
(b) In
Chennai District, the Personal Assistant(General) shall issue the
Scheduled Tribe Certificate.(Government Letter No.86484/ADW.II/91/1,
dated 16.9.1991). (Government Lr.No.21424/ADW.II/94, dated
15.11.1994).
(c) A Scheduled Tribe is always a Scheduled Tribe irrespective of any faith
or religion, he may follow/profess.(Government Letter (Ms) No.60, AD
& TW, dated 13.3.1991).
(d) In regard to the offspring of inter-caste/tribe married couple where one
of them is a Scheduled Tribe and the other is a non-tribal professing
Hindu or Christian religion, the consideration is whether the couples
were accepted by the tribal society to which the tribal spouse belongs.
If he or she is accepted by the Society, then their children belongs to
the tribe. In the case of a Man belonging to a Scheduled Tribe marrying
a non-Scheduled Tribe woman, this acceptance of the women from a
tribe marrying a non-tribe man, their off springs shall be treated as
Scheduled Tribes only, if they assimilate themselves with the tribes and
if the members of the tribe community accept them and treat them as
members of their community. In any case, it is the recognition and
acceptance of the children born out of inter-caste marriage by the
members of the tribe community to which he or she
belongs(G.O.Is.Lr.No.12035/6/90/SCD/R1, Cell Ministry of Welfare,
dated 20.4.1990) (government Letter(Ms) No.60/AD & TW, dated
13.3.1991).
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VI.ISSUE OF CERTIFICATE TO SCHEDULED CASTES
(a) While
issuing Community Certificates, to Scheduled
Castes, the Tahsildars should clearly mention in the
Certificates to which section he/she belongs as listed in
G.O.Ms.No.1773, SW, dated 23.6.1984. For example
Hindu Pallan, Hindu-Paraiyan, Hindu-Adi Dravidar.
(b) Scheduled Caste status is given only to those who follow
the faiths of Hinduism, Sikhism, or Buddhism,
(Government lr.(Ms).No.60, AD & TW, dated 13.3.1991
(Government Letter (Ms) No.104, AD & TW, dated
11.9.1996).
VII. ISSUE OF CERTIFICATE TO BACKWARD CLASSES/MOST
BACKWARD CLASSES:
(a) While issuing Community Certificates
corresponding Serial Number against
Government order only should be quoted.
to
the
BC/MBC/DNC
community in
the
the
i)
ii)
iii)
Backward Class
Most Backward Classes
Denotified Classes
iv)
Persons belonging to Christian communities who are converts from
any Hindu community included in the list of Backward
Classes(G.O.Ms.No.28, BC & MBC Department dated 19.7.1994).
(b) Repatriates from Burma and Sri Lanka belonging to Backward Classes.
Community Certificates will be issued by the concerned authorities
after getting an affidavit or declaration in a stamped paper to the value
of Rs.2.50 from the repatriates to the effect that he/she belong to a
particular community and that he/she has no records to prove and that
in the event of his/her declaration being found to be false at a later
date, he/she will be prepared to face the consequences.
(G.O.Ms.No.121, SW, dated 8.3.81).
c)
Converts to Christianity from Backward Classes/Most Backward
Classes/Denotified Tribes are entitled to only Backward Community
certificates except in the cases of Meenavar, Parvatharajakulam,
Pattanavar, Sembadavar, Paravar, Mukkuvar or Mukayar.
d)
Hindu Paravars in Kanniyakumari and Shencottai Taluk of
Tirunelveli Districts are Scheduled Castes. But Christian Paravars
in these places belong to Backward Classes.
Christian Paravars other than Kanniyakumari District and
Shenkottai Taluk of Tirunelveli District belong to most Backward
Classes.
25
Christian Mukkuvar or Mukayar belong to Most Backward Classes.
Christian Meenavar, Parvatharajakulam, Pattanavar and
Sembadavar belongs to MBC.
e)
Other Christian converts from any Hindu Backward Class
Communities belong to Backward Classes only.(G.O.Ms.No.558,
SW, dated 24.2.1986).
In G.O.Ms.No.28, BC & MBC Department, dated 19.7.1994, the
Government notified the districts/taluks where the Backward
Classes, Most Backward Classes and Denotified Communities are
socially and educationally backward. Consequent on the
bifurcation/ triburcation or renaming of certain districts rearranged
and notified the districts where the above communities are socially
and educationally backward. These are the guidelines to the
authorities issuing community certificates where the above
communities can be easily located.
f) Only persons who belong to Tamil Nadu and to one of the
communities included in the list of Backward Community shall be
treated as Backward Community. Persons belonging to other State
shall not be treated as Backward Community in this State
eventhough they may belong to one of the communities included in
the list of Backward Communities (G.O.Ms.No.58, SW Dept., dated
23.1.76).
g)
Government of India has excluded specially advanced
persons/sections from the benefits of reservation for other
Backward Classes in Civil posts and services in the Central
Government. The details of persons/sections to whom the rule of
exclusion will apply have been detailed in G.O.No.36012/22/93
Estt.(SCT) Ministry of Personnel, Public Grievances and pension
dated 8.9.1993. The form of applications by those seeking
certificates and of certificate have also been prescribed by the
Government of India. This should be followed
strictly.(G.O.Ms.No.12, BC & MBC, dated 28.3.1994) (Government
letter No.6452-A/BC/95-2, BC & MBC dated 3.7.1995, Govt.
Lr.No.34720/RA.III/97-9, Revenue, dated 23.7.1998).
VIII. REPATRIATES
For repatriates belonging to Scheduled Castes, Certificates
can be issued by the Tahsildar adopting the following procedure:
(a) A
repatriate claiming the status of Scheduled Caste should give a
sworn affidavit declaring himself/herself as belonging to the said
community.
26
(b) A
sworn statement from not less than five members of the said
community claimed by the applicant to the effect that they have
accepted the individual into their fold as one amongst them.
(Government Letter(Ms) No.131, ADW.II/96, dated 7.10.1996).
On the issue of certificates to Scheduled Castes claiming
reconversion to Hinduism/Sikhism, the following instructions should be
followed:
(i)According to Government (Ms) No.804, AD & TW Department, dated
30.4.1990 the conversion from one religion to another should be notified in
the Government Gazette. After that only, enquiry to be conducted. When
Scheduled Caste person gets converted to a religion other than Hinduism
or Sikhism and Buddhism reconverts back, he will be deemed to have
reverted to his original Scheduled Caste, if he is accepted by the members
of that particular caste as one among them.
(ii)
In the case of a descendant of a Scheduled Caste convert, the
mere fact of the conversion to Hinduism/Sikhism will not be
sufficient to entitle him to be regarded as a member of the
Scheduled Caste to which his forefathers belonged. It will have to
be established that such a convert has been accepted by the
members of the caste claimed as one among themselves and has
thus become a member of the caste.
(iii)
A sworn statement from his community men could be obtained to
the effect that they have accepted the individual in their fold.
(iv)
A gazette publication declaring the individual's reconversion to
Hinduism may be insisted.
(v)
The reconvert must exhibit a clear and genuine intention to go back
to his old fold and he adopt the customs and practices of the said
fold without any protest from members of his erstwhile caste.
(Government D.O.Letter No.22405, ADW/II/96, dated 10.9.1996).
IX. SCRUTINY COMMITTEE TO VERIFY COMMUNITY CERTIFICATE
ISSUED TO SCHEDULED CASTES AND SCHEDULED TRIBES:
(a) (i) A District
scrutiny Committee with the District Collector and the
District Adi-Dravidar Welfare officer as Chairman and Member
respectively has been formed in each District as per G.O.2(D) 18, AD &
TW dated 1.4.97.
(ii) 100 certificates at random issued by the Tahsildars should be taken up
for verification. The committee should cause enquiries through the
Revenue Divisional officer and decide whether certificates have been
issued only to the eligible persons and whether it is in the permanent card
27
and the signature of the officer issued is bonafide. The certificate issued
for admission to College, loans from THADCO and Rural Development
Department should be verified. On verification, the committee or either the
Chairman or the member can issue a certificate.
(iii) Every year before the end of February, the verification of 100
certificates shall be completed and a report sent to the Commissioner of
Revenue Administration and Secretary to Government, AD & TW
Department in the form prescribed in the Government order referred to
above.
(b) Similarly a State Level Scrutiny Committee has been formed with the
Secretary to AD & TW Department as Chairman. The Director of
Adi-Dravidar and Tribal Welfare and the Director, Tribal Research
Centre, Udhagamandalam are the members of the Committee. This
committee shall cause verification of 100% community certificates
issued by the Divisional Officers to Scheduled Tribes and 3% of the
Certificates issued to Scheduled Castes for joining technical
institutions. Their verification can be done either through the Collector
or the Director of Adi-Dravidar and Tribal Welfare or personally. The
committee shall send a report to the Government before 31st March on
the result of the verification in the form prescribed. (G.O.(2D) No.18,
AD & TW Department, dated 1.4.1997).
(c) Scrutiny Committee to verify the Community Certificate issued to
Backward Community, Most Backward Community and Denotified
Communities :
(i)
A district level scrutiny committee with the District Collector and
District Backward Class and Minority Welfare Officer as Chairman
and Executive Member respectively has been formed in each
district as per G.O.Ms.No.91, BC & MBC Department, dated
31.8.98.
(ii)
100 certificates at random issued by the Deputy Tahsildars should
be taken up for verification. The Committee should cause enquiries
through the Revenue Divisional Officer and decide whether
certificates have been issued only to the eligible persons and
whether it is in the permanent card and the signature of the officer
issued is bonafide
(iii)
Every year before the end of February, the verification of 100
certificates shall be completed and a report sent to the
Commissioner of Revenue Administration and Secretary to
Government, BC & MBC Department in the form prescribed in the
G.O.referred to above.
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X. VERIFICATION AND CANCELLATION OF THE CERTIFICATE
ISSUED.
1.
Verification of the community certificate ordered in the cases should be
an open enquiry and it cannot be a discreet and confidential enquiry.
While verifying the certificate already issued in favour of any person the
officer enquiring shall conduct an open enquiry, cause verification of
records and send a report to the Collector. On the basis of the report,
the person concerned should be given an opportunity to justify the
genuineness of the community claimed by him. Orders should be
passed only afterwards.
2.
When a certificate is issued by a competent authority and further
verifications made on the request of the appointing authorities, the
burden of proof that he had not obtained the certificates correctly but
my misrepresentation lies with the District Administration. (Government
Lr.No.57875/ADW/II/80-15, SW Department, dated 7.7.1993).
3.
The verification report required by other departments should be sent
within three months(Government D.O.Lr.No.71650/AD & TW II, dated
24.2.1987). (Also in Lr.No.34891/ADW.II/2 /86-4, dated 8.8.87).
4.
Certificates issued by the Revenue Officers can be cancelled by the
Collector if it is proved that they are wrong. (Government
Lr.No.57875/ADW/II-80-15, SW Dept., dated 7.7.83) (Govt.
Lr.No.37337/ADW2/95, dated 10.6.96).
5.
In the case of cancellation of certificate issued to a Scheduled Caste,
the orders should be issued by the Screening Committee and not by
the Collector.
6.
A number of cases has been decided in favour of the beneficiary for
not following the principles of natural justice in giving an opportunity to
the certificate holder before cancellation the notice(WA.245/98).
7.
In cases of writs filed against the cancellation of the Community
Certificate by the Collector, he should obtain permission from the
Commissioner of Revenue Administration to defend the case, but he
can file the counter himself. (CRA's Lr.No.A2/38531/95, dated 21.8.96).
XI. DUTIES AND RESPONSIBILITIES
1. The duties and responsibilities of the certificate issuing authorities
and others are as follows:
29
A. ISSUING AUTHORITIES DEPUTY TAHSILDARS/TAHSILDARS/
REVENUE DIVISIONAL OFFICERS/DISTRICT ADI DRAVIDAR
WELFARE OFFICERS.
They are responsible for the issue of the certificates. These
authorities should not completely depend on the reports of Village
Administrative Officers and /or Revenue Inspectors. If necessary, they
should personally conduct enquiries. Their contention that the certificate
were issued based on the subordinates report shall not be accepted. The
reports received shall be intelligently examined and ably scrutinised
thoroughly. Certificates should not be issued as a routine.
B.OFFICERS CONDUCTING ENQUIRIES (REVENUEINSPECTORS/
VILLAGE ADMINISTRATIVE OFFICERS).
The Village Administrative Officers and the Revenue
Inspectors who conduct enquiries basically on the request for issue of
certificates should enquire the applicant, his parent/relatives and the
Villagers including neighbours in regard to the community, work and the
income earned and other details fully. The School Certificates already in
possession should be accepted in toto. In the documents registered for
purchase or sale of properties earlier, the community has been indicated,
such documents may be examined. These officers shall take all efforts to
ascertain the truth.
C. PETITIONERS AND THEIR PARENTS
An undertaking as indicated in G.O.Ms.No.516, Revenue,
dated 17.4.1986 which is reproduced below should be obtained from the
parent or petitioner, warning him of the serious consequences, if it is
proved later otherwise.
An upto date list of communities declared as Scheduled
Caste/Scheduled Tribe/backward Classes/Denotified Communities shall
always be maintained (G.O.Ms.No.516, Revenue, dated 17.4.1986).
Revenue Inspectors should test check 20% of the reports of
the Village Administrative Officer for issue of community Certificate before
30
recommending to the Deputy Tahsildar/Tahsildar. Deputy Tahsildar should
check at least 10% and Tahsildar a minimum of 5%.
D. The Revenue Divisional officer shall inspect during June and July every
year the Taluk Office by surprise to find out whether certificates have been
properly and without delay. (G.O.Ms.No.1003, Revenue, dated 19.6.1984.
Government Lr.No.1183, Revenue, dated 13.8.1985).
E. The Collectors, District Revenue Officers and Revenue Divisional
Officers should make surprise checks during June and July of the
Revenue offices and check the Register in regard to issue of certificates.
They may also enquire on the spot of the person waiting for certificate on
delay etc. (G.O.Lr.1003, Revenue, dated 19.6.1984).
F. Collectors at the time of annual inspection of Revenue Divisional offices
shall scrutinise the files relating to the grant of Scheduled Tribes
Certificate to find out whether the formalities and procedures prescribed
have been followed. (G.O.Ms.No.633, AD & TW, dated 26.4.1989).
XII. SPECIAL STAFF:
The employment of special staff by the Collectors is allowed for the
issue of Community Certificate based on the following yardstick of number
of applications received during the previous year:
a) Upto 5000 Applications : No Staff
b) From 5000 to 10,000 applications : OneJunior Assistant
c) From 10000 to 15000 applications : 2 Junior Assistants
d) Above 15000 to 20000 applications : One Deputy Tahr.
and
three Junior Assts.
For every additional 5000 applications, thereof, one Junior Assistant shall
be appointed.
G.O.Ms.No.826, Revenue, dated 2.6.1989.
Government Lr.No.81238/W1/89-2, Revenue, dated 14.9.1989.
The Special Staff may attend to issue of other certificate
also.(CRA's Q2/69208/89, dated 16.8.1989).
XIII GENERAL
The records relating to the issue of Community Certificate should be
retained permanently.
(Govt. Lr.Ms.No.1755, Revenue, dated 18.11.1987 & CRA's
Q2.108518/95 dated 7.12.95).
31
(iv)
The Government's intention is that the benefits should reach only
the eligible persons. The certificates issuing authorities should
ensure the following:
1.
To satisfy themselves fully by actual verification.
2.
To specify the correct name and the Community of Scheduled
Caste/Scheduled Tribes, Backward Class, Most Backward Class in the
Certificate.
3.
To specify in the certificate in case of reconverts from Scheduled
Castes that they are accepted by the members of the communities to
which they originally belonged.
4.
The certificates should be signed personally by the authority
concerned.
(G.O.Ms.No.103, P & AR, dated 6.12.1976).
2.
NATIVITY/RESIDENTIAL CERTIFICATE
1.
(a). Nativity means a place by virtue of one's birth
(d) Residence denotes a place a person staying regularly.
2.
a) The applications for these should bear one Rupee Court Fee stamp.
These certificates are issued for getting admission in the school and to
seek job opportunities.
e) Nativity Certificate is issued subject to the applicant proving continuous
residence for five years and above.
f)
Residence certificate is issued if one lives in a place for more than one
year.
3.
The following guidelines have been prescribed for issue of Nativity
Certificates.
i)
The parents/guardians of the applicant/students or the applicants
themselves should have permanently resided continuously for
period of five years in Tami Nadu.
ii)
Permanently residing for a period of five years should be supported
by documentary evidence.
iii)
The family ration card, Electoral Roll, Census list, if taken recently,
documents like sale deed, tax receipt etc. relating to the property
owned by either of the parents or by the applicant may be verified.
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iv)
The Transfer Certificate issued by the School authorities where the
applicant had studied last may be verified to know whether he was
in the state for five years.
v)
Enquiry in the Village/place of residence of the neighbours/Village
Administrative Officers regarding continuous residing.
vi)
To ensure that wrong or incorrect address had not been furnished
to obtain the certificates.
vii)
The birth place of the parent, place of residence of the
parent/father, permanent asset, mother tongue, place of education,
place of marriage of the applicant/parents, the period of stay in and
outside Tamilnadu can also be considered before issuing certificate.
(G.O.Ms.No.2388, Revenue, dated 27.11.1990).
3. INCOME CERTIFICATE
This is required for scholarship in the school, college
admission in the hostels, etc.
The application for issue of income duly affixing a Court fee
stamp shall be given to the Tahsildar. The Court fee stamp shall be of the
value of Rs.10/-. The Tahsildar can himself enquire and issue the
certificate. He can also get it enquired. The enquiry shall be in the Village,
where the applicant is a resident. The applicant, the public and the Village
Administrative Officer shall be enquired. The documents, if any available in
support of the contention of the applicant can also be verified. Generally
the documents or information with regard to the following shall be verified:
i) Income shown in the Ration Card.
ii) Rental Income
iii) Income Certificate issued by the Employer.
iv) Landed properties owned by the family and income derived
thereon.
v) Income Tax Assessment/AIT Assessment
vi) Other sources of income if any.
The certificate should be issued within a period of 15 days by the
Tahsildar.
(G.O.Ms.No.1509, Revenue, dated 27.11.91).
(G.O.Ms.No.97, Revenue, dated 15.2.1994).
4. NATIONALITY CERTIFICATE
Nationally means the status of a member of the Nation. The application
with a court fee stamp of one rupee shall be forwarded to the Revenue
33
Inspector/Village Administrative Officer. On a report from the Revenue
Inspector, after proper enquiry this certificate is issued for getting
passport and visa. The Tahsildar shall issue the certificate in the form
prescribed .
(CRA's Lr.Q2/50219/92, dated 21.4.95).
5.
LEGAL HEIRSHOP CERTIFICATE:
a) Generally, if the head or a member of the fami8ly expires, the next
legal heir to the deceased, like wife, or husband or son, father/mother
shall apply for heirship certificate for transfer of movable or immovable
properties, sanction of family pension, etc. The death certificate in
original obtained from the competent authority should accompany the
application which should contain court fee stamp of Re.1/-. The
application shall be forwarded to the Revenue Inspector to enquire all
legal heirs, neighbours, other villagers and the Village Administrative
Officer in detail. On receipt of report a certificate mentioning the names
of all natural legal heirs will be issued by the Taluk/ Tahsildar
(G.O.Ms.No.2906, Revenue, dated 4.11.1981).
b) The Tahsildar can advise the applicant to approach civil court for issue
of a certificate in the absence of a direct legal heir, as in the following
cases.
i)
More than one spouse, their children and enquiry reveals dispute in
particular of properties.
ii)
In the case of issue of a certificate to the heirs of the person who
have been away from the family for more than seven years.
iii)
If they are not residents in the Taluk but are residents elsewhere
and when they do not appear for enquiry and
iv)
When the deceased has no child or his/her own and another child is
brought up.
c)
The instructions issued in letter (Ms) No.1534, Revenue, dated
28.11.1991 shall be followed.
d) The certificate shall be issued within fifteen days in the form prescribed
in the letter (Ms) mentioned above.
6.
SOLVENCY CERTIFICATE:
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a) The certificate is needed for getting a contract, participating in an
auction, etc. The application should be received by the Tahsildar. A
court fee stamp of the value of Rs.10/-should be affixed. For every
Rs.50,000/-for which solvency certificate is required a sum of Rs.50/should
be remitted in the Treasury to the credit of 0029 LR other
receipts.
b) The Revenue Inspector should enquire, on the applicant's request the
Village Administrative Officer and the public and record their
statements, and more particularly examine the following:
1) Whether he is a resident of the address mentioned in the application.
2) Whether the properties are in his name independently or jointly with
others. If jointly the share of the applicant with reference to the records
should be assessed. Village accounts should be verified.
3) Solvency Certificate is only for immovable properties and not for
movable like Motor Car, etc.
4) Encumbrance certificate for 13 years should be obtained. Any
mortgage or other similar action in the Nationalised Bank does not find
place in the certificate. Proper enquiry with reference to the original
documents should be conducted.
5) The guideline value for the land and the structural value certified to by
a registered Engineer for the buildings can be considered. The value of
structure should be on the basis of scheduled rates prescribed by
PWD.
6) Personal Inspection of properties by the Tahsildar/Deputy Tahsildar in
case of reasonably higher amount is advisable.
7) If there is a mortgage or loan on the property the amount due on the
said mortgage/loan can be deducted from the total value before issuing
the certificate. (CRA's D.Dis.Q.19147/96, dated 17.12.1996).
c) Enquiry records, interalia, should consist of:
i) Rs.50/-chalan for every Rs.50,000/ii)
Documentary evidence to prove the ownership
iii) Encumbrance certificate in original obtained from the SubRegistrar's
office for 13 years on the property.
iv) Property Tax receipt or Land Revenue Receipt.
v) Estimate prepared by a qualified Engineer and Chitta.
vi) Copies of Village 'A' Register, Adangal and Chitta.
35
vii) Statement from the applicant/Villagers and the Village
Administrative Officer.
viii) Guideline value to determine the value of the land.
d) The Tahsildar should satisfy himself and issue the certificate within 15
days. If the certificate could not be issued, the reasons for rejection
should be specified and communicated to the applicant.
e) While issuing solvency certificate, the officials shall be more vigilant
and take all precautionary measures to avoid defects.
f)
The solvency certificates issued to the Forest contractors should be
countersigned by the District Revenue Officers. This can be done after
verification wherever needed.
g) Collectors/District Revenue Officers should undertake random check of
solvency certificates to eliminate malpractice in their issue.
h) The files relating to the issue of solvency certificate should be closed
as K.Dis.
i)
The Solvency Certificate shall be valid for six months from the date of
issue.
Govt. Lr.No.39745/V2/80-1, Revenue, dated 30.4.1980
BP.Rt.2553(Q) dated 9.6.1980.
G.O.Ms.No.2065, Revenue, dated 6.10.1976.
G.O.Lr.No.61671/VI/74-6, Revenue, dated 21.9.1974.
CRA's Lr.Q2/93386/88, dated 23.1.1990
CRA's D.Dis.Q/19147/96, dated 17.12.1996.
G.O.Ms.No.97, Revenue, dated 15.2.1994.
7.
EXTRACT FROM THE BIRTH REGISTER
The application should bear the court fee stamp worth Re.1/.
This certificate is issued on the basis of the entries in the Birth, Register
available in Taluk Office or with the Village Administrative Officer. A sum of
Rs.4/-for preparation of each copy from the Birth Register is payable by
the applicant. In Municipal areas, this will be issued by the Municipal
Commissioner. This extract can be issued by the Headquarters Deputy
Tahsildar. The time limit for issue of an extract is 15(Fifteen )days.
8.
EXTRACT FROM THE DEATH REGISTER
36
The application should bear the court fee stamp of Re.1/-.
This certificate is issued with reference to the Death Register maintained
by the Village Administrative Officer or available in the Taluk office. A fee
of Rs.4/-per copy will be collected from the applicant for preparing copies.
This certificate will be issued by the Head Quarters Deputy Tahsildar. The
maximum time allowed is 15 days. In Municipal towns, this certificate will
be issued by the Municipal Commissioners.
9. CERTIFICATE THAT NO ONE IN A FAMILY IS A GRADUATE
This certificate is issued by the Tahsildar on the application
presented bearing a court fee stamp of Re.1/-. Proper enquiry through
t6he Revenue Inspector has to be conducted to ascertain whether any one
in the family has studied in a college. If none in the applicant's family has
studied in a college, this certificate is to be issued with 15 days at the
latest.
10.DESTITUTE CHILDREN CERTIFICATE
This certificate is required for admission in the Orphanages.
On request proper enquiries should be conducted in regard to the child's
parents, etc. whether the child is really an orphan and the income derived
by the guardian. This shall be issued by the Tahsildar within seven days.
11.DESTITUTE WIDOW CERTIFICATE
This Certificate is issued to the widows on request for
claiming priority in job opportunities. Apart from the Death Certificate of
applicant's husband and detailed enquiry in regard to the remarriage,
property held by the deceased and to be inherited by the applicant etc.
shall be ascertained. The Revenue Divisional Officer shall issue the
certificate on the basis of the report of the Tahsildar within 30 days.
12.INTERCASTE MARRIAGE CERTIFICATE FOR GETTING
GOVERNMENT ASSISTANCE AND FOR SCHOOL ADMISSION.
In case of marriage of a couple of belonging to two different
communities, the off-spring may claim to belong anyone of these two
communities. Enquiries should be conducted in regard to the adoption of
the social customs of the said community by the applicant. This certificate
shall be issued by the Tahsildar after enquiry in case one of the spouses is
a member of Scheduled Caste/Scheduled Tribes community, this
certificate shall be issued after verification of the acceptance given by
members of Scheduled Caste/Scheduled Tribe community living in that
area. The certificate shall be issued within 15 days.
(G.O.(2D) No.17, AD & TW , dated 16.8.1994).
(G.O.Ms.No.477, Social Welfare, dated 27.6.1975, Government Lr.(Ms)
No.60, AD & TW, dated 13.2.1991).
13.CERTIFICATE OF LOSS OF SCHOOL CERTIFICATE
37
When original school & college Certificate is lost, the
individual applies to the Tahsildar for issue of a certificate of loss of
documents to apply to the concerned authority for a duplicate certificate.
The applicant shall produce a copy of the First Information Report
registered in the Police Station or a certificate from the Police that the
certificate is not traceable. The applicant and others must be enquired.
This certificate is issued by the Tahsildar within 15 days.
14.DESERTED WOMEN CERTIFICATE
Due to estrangement the married lady may not live with her
husband, if she continues to live alone for one year or more, she is said to
have been deserted by her husband. She can get a certificate from the
Tahsildar. But before issuing such a certificate proper enquiry shall be
conducted. Temporary separation shall not be considered for issuing this
certificate. The certificate shall be issued within 15 days.
38
7. COPY APPLICATION
Public are entitled for copies of records maintained in the
Government offices subject to certain conditions.
(1) The document is directly related to their interests.
(2) Civil Court needs it.
The authorities concerned with whom the records are available shall be
contacted for this. If the document required is of confidential nature the
request may be rejected. However if the directions are from the Court, they
may be produced for perusal by the Judge.
Detailed instructions are available in regard to the
maintenance of the copy application register, grant of copies, etc. in RSO
173 and also D.O.M.
Search fees or fees for
entry/documents is to be collected as follows:
inspection of a single
For the first year and for each entry/document
For every other year and for each entry or
Document
: Rs.10/:
Rs. 5/(
C.O.7540 CT & RE Dept., dated 29.1.1996).
The copy should be prepared by one and examined by another, since
there is no separate copyist or Examiner. The copies should be attested
by Headquarters Deputy Tahsildar/Personal Assistant to Revenue
Divisional Officer in the Taluk and Divisional offices respectively. In
Collectorate one of Head Assistants or Personal Assistant nominated in
this behalf by the Collector should attest the copies. Copies should be
despatched to the applicant by service unpaid. The powers of the
Tahsildar/Divisional Officer and the Collector regarding grant of certified
copies of the records are as follows:
TAHSILDAR
1) Copies of records relating to cases of transfers of Revenue Registers
and Dharkhast disposed of by the Tahsildar himself.
2) Copies of application for relinquishment of land.
3) Extracts of Field measurement books.
4) Copies of final orders passed by them on matters within their
competence.
39
5) Copies of Jamabandhi orders passed by the Collector or Divisional
Officers.
6) Copies of Taluk and Village Accounts.
DIVISIONAL OFFICERS
Divisional Officers may grant copies of document which
originated in their own offices and in offices subordinate to them.
COLLECTOR
The Collector can grant copies of documents on the records
of his district. He may determine whether a copy of the document can be
granted without injury to the public interests or without breach of
confidence. He may prohibit by a general order the grant by his
subordinate of any class of documents (Sec.RSO 173).
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8. CHAVADIS AND CATTLE POUNDS
A.CHAVADIS
There are Village Chavadis, which have been the office of
the then Village Officers. These Chavadis were constricted long back. The
maintenance of these Chavadis is the responsibility of the Revenue
Department.
1) Previously, the erstwhile Village Munsifs were also Village Magistrates
and were empowered to try cases. Furniture as per the scale
prescribed in the Special Fund Code have also been supplied. Proper
maintenance of the Chavadis as well as the furniture is the prime
responsibility of the Tahsildar.
2) These Chavadis are to be repaired wherever necessary from out of the
allotments made by the Government. The Tahsildar and other superior
officers have powers to sanction the repairs as per the monetary
powers prescribed in article 22 of Special Funds Code.
