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Permanent
Residence Certificate (State Subject)
Eligibility:
Any person who is or is deemed to be the citizen of India
under provisions of constitution of India shall be permanent resident of
State if on the 14th day of May 1954.
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(a) He was a state subject of class I or class II
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(b) Having lawfully acquired immovable property in
the State, he has been ordinarily resident in the State for not less
than ten years prior to the date.
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(c) Any person who before 14th day of May, 1954 was a
state subject of class I or class II having migrated after 1st day of
March, 1947 to the territory, now included in Pakistan returns to state
for resettlement in the state or for permanent return under the
authority of any law by this State legislature shall on such return be
given PRC.
State Subject of Class I or II shall have the meaning assigned in the
{State Notification No.L/84 dated.20-4-1927 read with State Notification
No.13/L dated.27th June 1932.
Requirement:
Any person who fulfills the above conditions can apply for PRC except any
women who is married outside the state or a minor through his/ her father/
guardian to DC or Tehsildar concerned through an application supported by an
affidavit and the following documents:
Revenue extracts of
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a) Record of Rights ( Misli Hiqiyat)
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b) Details of Pedegree table ( Shajra Nasb)
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c) Khaka Dasti of the House
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d) PRC of Father/Brother with relationship certificate.
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e) Certificate of being un-married for ladies who are not
married
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f) Copy of Electoral Roll.
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g) Extract of Choola Bandi
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h) Statements of Applicant/Father & two witnesses preferably
Numbardar/Chowkidar has to be recorded by verifying officers in the
Teshils.
The Jammu and Kashmir grant of Permanent Resident
Certificate (Procedure) Act,1963
Act
No.XIII of 1963
Every Deputy Commissioner of a district appointed as the competent
authority.
Revenue Department Notification SRO-328 dated.10th
July,1974:- In exercise of the powers conferred by clause (b) of section 3
of the Jammu and Kashmir Grant of Permanent Resident Certificate (Procedure)
Act, 1963 (XIII of 1963), and in suppression of all the previous
Notifications on the subject, the Government hereby appoint every Deputy
Commissioner of a District to be the competent authority for purposes of the
said Act within his jurisdiction.
Additional D.C. Jammu also appointed to be the competent authority
Revenue Department 2Notification SRO-539 dated.26th October,1974.__ In
exercise of the powers conferred by clause (b) of section 3 of the Jammu and
Kashmir Grant of Permanent Resident Certificate (Procedure) Act,1963 (XII of
1963), the Government hereby appoint the Additional Deputy Commissioner,
Jammu also to be the competent authority for purposes of the said Act in
respect of displaced persons within the local limits of his jurisdiction.
The Jammu and Kashmir Grant of Permanent Resident Certificate
(Procedure) Rules,1968.
Revenue Department Notification SRO-247 dated.25th April,
1969.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. Short title and commencement.
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1) These rules shall be called the Jammu and Kashmir Grant of
Permanent Resident Certificate (Procedure) Rules, 1968.
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2) These shall come into force with effect from the date these are
published in the Government Gazette.
2. Definitions.
In these rules, unless the context otherwise requires
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a) 'Act' means the Jammu and Kashmir Grant of Permanent Resident
Certificate (Procedure) Act,1963.
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b) 'Form" means a form appended to these rules;
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c) 'Section' means the section of the Act; and {(cc) 'Assistant
Commissioner' shall include a Sub-Divisional Officer}
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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.
3. Presentation and verification of applications and making of
appearances.
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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
preceeding 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.
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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.
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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.
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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.
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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 Niabat. 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 obervations, if any, for final orders].
4. Conduct of enquiries.
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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.
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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.
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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.
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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.
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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.
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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.
5. Grant of certificate.
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1) The authority to grant certificate under these rules shall be the
competent authority.
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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.
6. Disposal of applications.
The Tehsildar/Assistant Commissioner and the competent authority shall
have the files entered in a register mainatained 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.
7. Revisional Proceedings.
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1)
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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
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.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.
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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.
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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.
8. Cancellation of certificate.
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:-
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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
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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.
9. Executive Instructions. -
The Revenue Minister may issue executive instructions not inconsistent with
the Act and these rules.
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