By Daya Sagar
Daya Sagarji I am a state subject my father and mother-in-law are state subjects but JK Govt hasn’t given my wife the state subject” said Sudesh Ratan in a Facebook message to me.
Anyone who has gone through the Permanent Resident of J&K (erstwhile State Subject Laws of pre-1947/1957 days) would surely ask why?
On the face of it, it looks that for a case like the one as has been mentioned in the message the reason could more lie in the generalised procedural guide lines issued to the dealing sections in the delegated revenue offices.
The political leadership of J&K and the those holding the reins of governance in this state have all these years been advocating in favour of the Constitutional provisions (Section-51,127,140 and 157 (2)), laws and orders in force in the name of the Indian citizens who fall in the category of Permanent Residents of the Indian State of J and K (as defined in Section-6 of Constitution of J and K) been suggesting that such provisions provide superior economic and administrative safe guards to the Permanent Residents of J and K in comparison to other citizens of India. But they have not cared to see to the undue problems and harassment being faced by the Permanent residents of J and K for acquiring the Permanent Resident Certificate – PRC (commonly known as State Subject Certificate).
People are seen running around for getting PRC for their children who have to apply for government job or for admission in J&K Government run professional colleges. Students applying for grant of scholarship under Prime Minister’s J and K Special Scholarship Scheme too need Domicile of J and K as prerequisite and PRC if not issued to them in
time they would lose the benefits in time as well as may be a precious year of their life.
People running from pillar to post for getting their PRC file processed are a common scene for anyone who would visit a Tehsil office or sub division office or Deputy Commissioner’s office. People are often seen looking for someone who could technically present / recommend their case to concerned revenue officer.
Even most genuine / clear cases of those who are decedents of ‘State Subjects of Class-l or Class-El are not disposed in routine. Some revenue officers do have desire to clear the cases without making the applicants to run around still they are found facing problems due to the procedures and the internal executive guide lines that have been issued for processing the PRC cases.
Looking at the guidelines with the dealing assistants and the requirements that the applicants in general are being asked to complete, it appears that may be senior government functionaries have so far not tried to review the procedures and requirements kept for issue of PRC. Even, it will not be unfair to say that had the senior officers gone through Section-6 of J&K Constitution, Notification No. 1-L/84 dated the twentieth April, 1927- of Maharaja Hari Singh’s Government and Note-ll appended to it, Grant of Permanent Resident Certificate (Procedure) Act No. XIII of 1963, The Jammu and Kashmir Grant of Permanent Resident Certificate (Procedure) Rules, 1968 and the administrative orders / circulars issued by Deputy Commissioners / Divisional Commissioners mentioning the procedure / documents to be submitted, they would have surely felt the need for recasting the procedures / guidelines worth revising the list of documents that the revenue officers are presently asking from the applicants irrespective of the category or class to which the applicant belongs to.
The short comings / errors in the guide lines / internal circulars issued are in a way are often putting the applicants and the ‘processing officers’ in difficulties / controversies since it could be said that the guidelines as available in some offices have listed the required /needed supporting documents overlooking the hard fact that Sub- Clause (a) of Clause- (1) of Section -6 of J and K Constitution {if on the fourteenth day of May, 1954- he was a State Subject of Class I or of Class II} is separated from Sub-Clause- (b) of Clause -1 {having lawfully acquired immovable property in the State, he has been ordinarily resident in the State for not less than ten years prior to that date (14 May 1954)} with the word OR. So, the minimum requirements needed / formalities to be completed so as to satisfy the issuing authority have to be different for the two categories as mentioned in Clause (1) of Section-6 of J and K Constitution, whereas, at present, in general, the same documents are being asked from all applicants categories…. Continued
(Daya Sagar is a Senior Journalist & Social activist can be reached at [email protected])
