What is the state subject? Resident of the state of Jammu and Kashmir in the certificate law where the procedure for granting the land domicile and citizenship of Jammu Kashmir & Gilgit Baltistan is laid down. There are also punishments for violators.
The persons found involved in illegal possession or sale of immovable private or public property will be punished with 10 years imprisonment and fine. State subject is a good chapter of the history and culture of our state The Dogra ruler became apprehensive that the number of outsiders was increasing rapidly in the prosperous state. Real state residents will become a minority.
Therefore, on 20 April 1927, Legal Document No. 44 No. I-L/84 Notification was issued, the text of which is as follows: “His Highness Maharaja Bahadur of the State Subject (Vice Private Secretary Sixth No. 2354 dated 31 January 1927 Department of Finance Member Council) Public Approves the application on “.
After the occupation of Poonch in 1935, another notification titled “Definition of State Subject Notification for the State of Poonch” was implemented. In its nature, this is a unique law in the world where every citizen of the state is divided into categories and his rights are protected. (1) First class citizen.
According to the notification, all persons who were born or resided in Jammu and Kashmir before the commencement of the reign of Maharaja Gulab Singh and all such persons who settled in Jammu and Kashmir prior to 1942 according to the “Bikrami” or “Samut” calendar and were permanently are settled, will be called first class citizens.
The “Bikrami” or “Samut” Hindi calendar is 57 years earlier than the universally accepted AD calendar.
According to Bikrami or Samut calendar, 1942 should be considered as 1885. (2) Second class citizen. Such persons who settled in the state during Bikrami or Samut years 1942 to 1968 (1885 to 1911) and bought immovable property and took up permanent residence will be called second-class residents of the state. (3) Citizen Class Swaim.
Apart from Class I and Class II, all permanent residents who have purchased immovable property through raiyat nama or permit, will be called Class III residents after ten years of permanent residence. (4) Citizen class IV.
Such companies registered in the State with which the financial interests of the State Government are connected or may lead to the financial benefit of the Government or the financial stability of the companies of which the Government is satisfied, such companies may be declared by the Maharaja of the State to be Class IV Resident State under special order.
The merits and demerits of dividing the citizens into grades were explained in the concluding part of the same notification by means of four special notes. Subject Class I shall have preference over Class II and III. (2) Descendants of persons holding all classes of State subjects shall also be residents of the State by the respective classification. For example, if a state subject is class II, then its great-grandchildren will also have class II state subjects. He cannot be of the first class.
(3) A widow or wife shall have the same status as a State subject as her husband, if he resides for a long period within the State and does not leave the State. (4) Of a State subject.
The interpretation and reference notification shall have effect as per definition and law, but shall comply with all state laws within ten years. Within six months of obtaining the permit, he must purchase a residential property.
Otherwise, the permit will expire, which will have to be renewed. Ten years after obtaining the permit and purchasing the residential property, he must in any case be a resident of the state. A certificate must be obtained. Otherwise, his residential property will become the property of the state. If the resident cannot get the state certificate within ten years, he can get a six-month grace period to sell the property. After the partition of Kashmir in 1947, this law remained in force in all three parts.
“Azad Jammu and Kashmir Fake Resident State Certificate Cancellation Act, 1971” was promulgated to investigate and cancel the issuance of fake Resident State Certificates. But on June 25, 1980, the Dogra Act was enacted and rules were made to obtain the certificate of resident state in Azad Kashmir, and the Act of 1971 expired.
Legislation can. Procedures for investigating and inquiring into illegal or forged resident state certificates or domicile certificates have been laid down and punishments have been proposed for those who obtain certificates illegally. After the implementation of the “State Subject Certificate” in Azad Jammu and Kashmir, a non-state woman can become a first-class citizen if she marries a state citizen, but no non-state man can become a first-class citizen under any circumstances. If a woman marries a non-state person, she will have to live in that state to retain her citizenship. If she moves abroad, then she will lose her right to citizenship. And will only be entitled to inherited property.
However, the inherited property will not be able to be transferred to his children, but he will have the power to sell it, which can only be purchased by the resident of the state. If a state woman takes up residence in the state after marrying a non-state person, her husband will have to go a long way to become a third-class citizen. Which is almost impossible despite the presence of law. In such a case, the children of this woman will also have third-class citizenship like her husband.
A non-state woman will also lose her citizenship if she leaves the state after her husband’s death. However, if she does not give up her permanent residence, the resident state will remain at the same level as her husband was in the resident state. According to the rules, the District Magistrate will issue the resident state certificate.
The applicant has to submit the application along with the relevant documents to the Magistrate. He will send the application to the District Magistrate after verifying all the documents. The resident state decides whether or not to issue the certificate. In case the application is rejected, an appeal can be made to the government within thirty days.
Allotment of land in Rawalkot and Muzaffarabad in the presence of such strict rules for the sale and purchase of state land and citizenship is the height of courage. If those who do this are not given severe punishments, then there is no stopping Azad Kashmir from becoming Karachi.
He can occupy any place he wants or whoever is as powerful as he can occupy as large a territory. The allotment is done in minutes, but the people of the state keep illegal occupation or allotment on the tip of their shoe and the lords involved in such corruption will be brought to justice.
Sabeel Ahmad Chauhan vs. Iftikharul Hassan Muharra 3rd August 2022, by referring to all the laws and previous decisions, the guidelines have been formulated by issuing twelve detailed resolutions on the procedures for issuing state subject and domicile.
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