India 2018

550 India 2018
claimed; (b) that the community is included in the Presidential Order specifying
the scheduled tribes in relation to the concerned state; (c) that the person belongs
to that state and the area within that state in respect of which the community
has been scheduled; (d) he may profess any religion; (e) that he or his parents/
grandparents, etc., should be permanent resident of the state/UT on the date of
notification of the Presidential Order applicable in his case; (f) a person who is
temporarily away from his permanent place of residence at the time of the
notification of the Presidential Order-applicable in his case, say for example to
earn a living or seek education, etc. can also be regarded as a Scheduled Tribe,
if his tribe has been specified in that order in relation to his home state/union
territory; (g) but he cannot be treated as such in relation to the place of his
temporary residence notwithstanding the fact that the name of his tribe has
been scheduled in respect of that State where he is temporarily settled, in any
Presidential Order; (h) in the case of persons born after the date of notification
of the relevant Presidential Order, the place of residence for the purpose of
acquiring Scheduled Tribe status, is the place of permanent abode of their parents
at the time of the notification of the Presidential Order under which they claim
to belong to such a tribe. This does not apply to the STs of the Lakshadweep
Islands for whom there is a requirement of being born in the Union Territories
in order to be eligible for ST status.
The guiding principle is that no person who is not a scheduled tribe by
birth will be deemed to be a member of scheduled tribe merely because he or
she has married a person belonging to a scheduled tribe. Similarly, a person
who is a member of a scheduled tribe will continue to be a member of that
scheduled tribe, even after his or her marriage with a person who does not
belong to a scheduled tribe. The candidates belonging to scheduled tribes may
get scheduled tribe certificates, in the prescribed form, from any one of the
following authorities: District Magistrate/Additional District Magistrate/
Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy
Collector/1st Class Stipendiary Magistrate/City Magistrate/Sub Divisional
Magistrate/ Taluka Magistrate/Executive Magistrate/Extra Assistant
Commissioner [not below the rank of 1st Class Stipendiary Magistrate]; (ii)
Chief Presidency Magistrate/ Additional Chief Presidency Magistrate/
Presidency Magistrate; (iii) Revenue Officers not below the rank of Tehsildar;
(iv) Sub-Divisional Officer of the Area where the candidate and/or his family
normally resides; (v) Administrator/ Secretary to the Administrator/
Development Officer (Lakshadweep Islands).
Action is to be taken under the relevant provisions of the Indian Penal
Code if any official is found to have issued a Scheduled Tribe certificate carelessly
and without proper verification. This will be in addition to other action to which
they are liable under the appropriate disciplinary rules applicable to them.
Certification on Migration
Migrants from other states/union territories persons belonging to a Scheduled
Tribe who have migrated from one state to another for the purpose of