Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return to) the State Act, 1982
No: 10 Dated: Oct, 07 1982
THE JAMMU AND KASHMIR GRANT OF PERMIT FOR RESETTLEMENT IN OR (PERMANENT RETURN) TO THE STATE ACT, 1982
(Act No. X of 1982)
An Act to provide for regulation of procedure for grant of permit for resettlement in or (permanent return) to the State, of the permanent residents of the State.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-third Year of the Republic of India as follows :-
1. Short title. - This Act maybe called the Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return to) the State Act, 1982.
2. Definition. - In this Act, unless the context otherwise requires ;-
(a) "Competent Authority" means an authority appointed as such by the Government by a notification in the Government Gazette for purposes of this Act;
(b) "Form" means a Form appended to this act or prescribed under the rules framed thereunder;
(c) "Permanent resident" means a permanent resident of the State as defined in section 6 of the Constitution of Jammu and Kashmir;
(d) "Resettlement" means resettlement in the State or permanent return to the State ;
(e) "Prescribed" means prescribed by rules made under this Act; and
(f) "State Subject of Class I or of Class II" shall mean the persons defined as such in the State Subject Definition Notification No. I-L/84 dated 20th April, 1927 read with State Notification No. 13-L/l989 dated 27th June, 1932.
3. Application for permit. - An application for permit for resettlement in the State of any person who, before the fourteenth day of May, 1954 was a State Subject of Class I or of Class II and who has migrated after the first day of March, 1947 to the territory now included in Pakistan may be made by the person himself or by his relative, who is a permanent resident of the State, to the competent authority in the prescribed Form.
4. Inquiry by Competent Authority. - The Competent Authority, if satisfied after an inquiry, in such manner as may be prescribed, that the person desirous of resettlement in or permanent return to the State-
(a) has a bona fide intention for such resettlement in or permanent return to the State ; and
(b) was a State Subject of Class I or of Class II before the fourteenth day of May, 1954 and had migrated to the territory now included in Pakistan after the first day of March, 1947 or is a descendant, wife or widow of such State Subject as the case may be; shall recommend such person to the State Government for grant of a permit for resettlement in or permanent return to the State.
5. Declaration by the State Government. - The Government may on being satisfied about the genuiness of the application, and the inquiry and the recommendation of the competent authority, declare in such manner and in such form as may be prescribed, the person to be eligible for resettlement in the State.
6. Grant of permit. - Upon a declaration under section 5, the person eligible shall be granted a permit for resettlement in the State in such form and manner as may be prescribed :
Provided that the permit granted under this section shall have no effect if the person fails to take an oath of allegiance in the following form within one calender month of -
(a) the date of issue of permit, in the case of persons present in the State ; and
(b) the date of arrival in the State, in the case of persons not present in the State :-