In
exercise of the powers conferred by section 9 of the Jammu and Kashmir Grant of
Permanent Resident Certificate (Procedure) Act No. XIII of 1963, the Government
hereby make the following rules, the same having been published in the
Government Gazette dated. 30-12-1963 (S.R.O. No. 513) namely:- (1) These rules shall be
called the Jammu and Kashmir Grant of Permanent Resident Certificate
(Procedure) Rules, 1968. (2) These shall come into
force with effect from the date these are published in the Government Gazette. In
these rules, unless the context otherwise requires (a) 'Act' means the Jammu
and Kashmir Grant of Permanent Resident Certificate (Procedure) Act, 1963. (b) 'Form" means a
form appended to these rules; (c) 'Section' means the
section of the Act; and {(cc) 'Assistant Commissioner' shall include a
Sub-Divisional Officer} (d) all words used but
not defined in these rules shall have the meanings assigned to them in the
Jammu and Kashmir Permanent Resident Certificate (Procedure) Act, 1963. (1) An application for
grant of certificate may be presented either to the competent authority, or to
the Tehsildar of the Tehsil in which the applicant ordinarily resides, Provided
that persons migrated from one division to another may present their applications
to the competent authority or the Assistant Commissioner/Tehsildar of the area
in which they reside for the most part of the year immediately preceding the
date of application.[Provided further that Assistant Commissioner/Tehsildar to
whom the applicant for grant of Certificate has been presented may get
necessary formalities completed and call for a report from the Naib-Tehsildar
concerned. (2) In case of minors and
persons suffering from any disability, applications for grant of certificates
may be made and appearances and other acts done by their duty appointed
guardians. (3) Every application
made under sub-rules (1) and (2) shall be accompanied by an affidavit as to the
correctness of the statement made by him in his application. The application
may also be accompanied by any documentary evidence to show that the applicant
is a permanent resident of the State. Such evidence shall consist of a
certified copy of the entries in the electoral roll, record of rights or annual
record, or the register of Births and Deaths prepared or maintained
respectively under the Jammu and Kashmir representation of People Act, 1957,
the Jammu and Kashmir Land Revenue Act, 1996 and the Jammu and Kashmir
Chowkidari Act. 1956, or the Jammu and Kashmir Municipal Act, 2008 or the original
or attested copy of a document whereby title to any immovable property has been
acquired. (4) Where the application
is presented to the competent authority, it shall, unless it decides to hold
the inquiry itself, call for a report therein from the Assistant
Commissioner/Tehsildar of the Area in which the applicant resides and, where it
is presented to Assistant Commissioner/Tehsildar, such Assistant
Commissioner/Tehsildar, as the case may be, shall submit the report to the
competent authority. Provided that the inquiry made by the competent authority,
Assistant Commissioner or Tehsildar, as the case may be, shall be completed
within three months from the date of application. (5) Application for grant
of certificate may be presented to the Naib-Tehsildar of the sub-division
Naibat concerned by the person who resides within the jurisdiction of such
Naibat. The concerned Naib Tehsildar shall take recourse to all things which
are required to be taken or done under rules and thereafter send the case to
the Tehsildar duly recommended who will refer the case to the competent
authority with his observations, if any, for final orders]. (a) On receipt of the
application, the Tehsildar/Assistant Commissioner or the competent authorities
the case may be shall hear and record a brief statement of the applicant and
the witnesses produced by him or summoned under clause (b) or called by him on
his own motion. He may, if he deems necessary, invite objections, if any, to
the grant of certificate and hear the person or persons objecting as also the
witnesses, if any, produced by the applicant and record their statements. Such
statements shall form a part of the record. (b) The applicant may
apply for summons to witnesses paying at the same time process fee in the form
of Court fee stamps and depositing in advance the amount of travelling and
subsistence allowance to be paid to the witness at the rates in force in
respect of witnesses summoned to appear before a Civil Court. (c) The Tehsildar or the
Assistant Commissioner, as the case may be, shall, at the completion of the
enquiry, submit the file to the competent authority along with his report
enclosing thereto two copies of the certificate in Form 'A' with the finger
prints of the left hand of the applicant, if he be a male, and of the right
hand in the case of a female, together with the signature or right hand thumb
impression in case of female and left hand thumb impression in case of male
applications affixed to and marks of identification and measurements of height
entered at the places indicated therein, in his presence. If the competent
authority were himself to make an enquiry, he shall get the copies of the
certificate similarly completed. (d) Where finger prints
and signature/thumb impression cannot be obtained due to any disability or
infirmity of the applicant, the Tehsildar. Assistant Commissioner or the
competent authority, as the case may be, shall record in his own hand and under
his own signature the reasons thereto on both the copies of the certificate. (e) In fixing dates for
the hearing of parties and their witnesses, in adjoining proceedings and in
dismissing applications in default or for other sufficient reason, the
Tehsildar or Assistant Commissioner or the competent authority will, so far as
the nature of the case may require or permit, be guided generally by the
principles of the procedure for the time being in force in civil courts;
provided that no order of dismissal shall be made except by the competent
authority. (f) The provisions of
clauses (a) and (b) of this rule shall apply, so far as is possible, to the
proceedings taken in applications presented under clause (a) of sub-rule (1) of
rule 7, and on reports made under sub-section (2) of section 6 of the Act, the
revisional authority shall be competent to remit any issue to an officer
subordinate to him for enquiry and report. (1) The authority to
grant certificate under these rules shall be the competent authority. (2) When an order
granting a certificate is made, one copy of the certificate duly signed by and
bearing the seal of the competent authority shall be delivered to the applicant
or on his behalf to any of the persons specified in clauses (b), (c) and (d) of
sub-section (1) of section 4 or to his duly appointed guardian against a proper
receipt obtained on the other copy (of the certificate) which shall be
similarly signed and sealed and remain attached to the file. Thereafter the
file shall be consigned to the records, that received from the Tehsildar being
returned to him for this purpose. The
Tehsildar/Assistant Commissioner and the competent authority shall have the
files entered in a register maintained in Form 'B' and have an index in Form
'C' put on each one of them, the details under the headings of the columns in
the register and the index being recorded according to the proceedings taken on
them. (1) a) An application for
revision under sub-section (1) of section 6 shall be accompanied by a copy of
the order of which revision is sought and may be presented to the Secretary to
Government, Revenue Department, and, if he finds it to be in order, he shall
admit it for being heard by the Revenue Minister; provided that when the
revisional authority is holding office in a division other than the one to
which an application for revision pertains, such application may be presented
before a Revenue Officer for transmission to such revisional authority b)
Every written application or statement filed by a party to a proceeding under
the Act, shall be drawn up and verified in the manner provided by the Civil
Procedure Code for written statements in suits. c)
All reports under sub-section (2) of section 6 shall contain a brief statement
of facts of the case and the grounds for reference to the Government and shall
be made by the competent authority through the officers to whom he is
sub-ordinate. Where the competent authority is the Deputy Commissioner, he
shall submit the report through the Divisional Commissioner and Financial
Commissioner and inform the applicant about it. (2) An entry of the
substance of the order made under sub-section (1) of section 6 shall be made on
the copy of the certificate attached to the file referred to in rule 5 and in
the register referred to in rule 6 under the signature of the Tehsildar. Where
the file is consigned to the records, such entry shall be made by the
Record-Keeper under the orders, such of the competent authority. The original
order issued by the Government shall be attached to and form a part of the
file. Where
the orders of the competent authority granting a certificate have on revision
been reversed and the person holding the certificate has, therefore, ceased to
be a permanent resident:- (1) the fact shall
forthwith be notified in the Government Gazette for information of the public
by the Deputy Commissioner of the district, to which such person belongs, and
also communicated by him to the Government Departments and the institutions
have any dealings with such persons as a Government Servant or otherwise. The
Deputy Commissioner shall at the same time take appropriate action in the
matter of acquisition of his having been deemed a permanent resident, such
person could not acquire; and (2) the Tehsildar shall
call upon the person to whom the certificate is granted or his
successor-interest if he is dead, to surrender the certificate. On the
certificate having been surrendered, a note of the cancellation shall be made
by the file on which the certificate was granted. The
Revenue Minister may issue executive instructions not inconsistent with the Act
and these rules.JAMMU
AND KASHMIR GRANT OF PERMANENT RESIDENT CERTIFICATE (PROCEDURE) RULES, 1968
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