Introduced on March 8, 1980, the J&K Resetltlement bill became a law in April 1982 when both house of the state legilstive assembly passed it. The then governor B K Nehru returned the bill on September 18, 1982 seeking “reconsideration” but the houses passed it again without any chnage on October 4, 1982. Though governor gave his mandatory ascent to the bill on October 6, 1982, the piece of legilstation had already been sent on September 30, 1982 for a Presidential Reference to the apex court under the provisions of Article 142 (1) of the constitution by the then President Giani Zail Singh seeking opinion “as to whether the bill or any of the provision thereof, if enacted, would be constitutionally invalid”.
After 19 years, a 5-member constiutional bench comprising Chief Justice S P Barocha, Mr. Justice Syed Shah Qadri, Mr. Justice N Santosh Hegde, Mr. Justice S N Variava and Mr. Justice Shivraj V Patil returned the bill unanswered on November 8, 2001. In its order the constitution bench observed that “it appears to us inexpedient to answer the question posed to us in the (presidential) reference”.
“Under the provisions of Article 143, this court may respectfully decline to express its advisory opinion, if it is satisfied that it is not appropriate to do so, having regard to the nature of the questions forwarded to it and having regard to other relevant facts and circumstances… Having regard to the facts that the bill became an Act as far back as in 1982, it appears to us inexpedient to answer the question posed to us in the Reference. Even if we were to answer the question in the affirmative, we would be unable to strike down the Act in this proceeding. We think, therefore, that the reference must be, respectfully, returned un-answered,” the bench observed.
As the state governmnet was in the process of setting up an authority for implementation of the law, another PIL was filed before the Suporeme Court on which a stay was issued. It is still disputed in the court of law.Kashmir Life is reproducing the law for its wide readership.
THE JAMMU AND KASHMIR GRANT OF PERMIT FOR
RESETTLEMENT IN (OR PERMANENT RETURN TO) THE STATE ACT, 1982. [ACT NO. X OF 1982]
[Received the assent of the Governor on 6th October, 1982 and published in the Government Gazette dated 7th October, 1982.] [6th October. 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 may be called the Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return to) the State Act 1982.
2. Definition:- 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 there under;
(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 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/1989dated 27thJune, 1932.
Notification No: 13-L/1989 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 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 bonafide 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 genuineness 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 calendar 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 : —
OATH OF ALLEGANCE
I do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India and of the State as by law established and that I will faithfully observe the laws of India and of the State and fulfill my duties as a permanent resident of the State.
Affirm/Sworn and subscribed this ———- day of————19———–before me.
7. Maintenance of records and registers:-
(1) The Competent authority shall maintain:-
(a) a separate register containing the names, particulars including age and sex and address of the persons recommended by it for permit for resettlement in the State ; and
(b) record of the proceedings of the inquiry.
(2) The Government shall maintain:-
(a) A separate register of persons declared eligible for resettlement in the State and of the persons to whom permits have been granted.
(3) When a permit for resettlement it issued under section 6 a duplicate copy thereof shall be prepared and, preserved for records by the issuing authority.
(4) All entries made in the registers shall be authenticated and numbered consecutively and each entry shall relate to one person only.
8. Procedure for issue of summons etc:—The provisions of the Jammu and Kashmir Land Revenue Act, Svt. 1996 in regard to the issue of summons, notices and to the conduct of inquiries including recording of statements, issue of copies and inspection of records shall apply mutatis mutandis to the proceedings under this Act.
9. Revisions:—The Government may at any time either on its own or on a reference or an application made to it in this behalf call for the records of any case or proceeding pending before or disposed of by a Competent authority and may uphold or reverse the orders of the Competent authority or may pass any other order or give any directions as it may deem fit, provided that no orders prejudicial to an interested person shall be passed without giving such person a reasonable opportunity to be heard.
10. Powers to make rules:-
(1) The Government may make rules for purposes of carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rule may provide for or any of the following matters, namely :-
(a) form of application for grant of permit for resettlement in the State;
(b) form of permit for permanent resettlement in the State ;
(c) fees chargeable in respect of permit;
(d) manner and procedure for holding inquiry by the competent authority and by the Government ;
(e) form and manner in which registers and records
are to be maintained ; and
(f) any other matter which may be or has to be prescribed under this Act.
THE JAMMU AND KASHMIR DELEGATION OF POWERS ORDINANCES: 1982.
ORDINANCE NO. I OF 1982,
Promulgated by the Governor on 8th November, 1982 and published in the Government Gazette dated 8th November, 1982.
[8th November, 1982]
Promulgated by the Governor in the Thirty-third Year of the Republic of India.
An Ordinance to provide for the delegation of powers by the Revenue Minister under various laws.
Whereas the State Legislature is not in session and the Governor is satisfied that circumstances exists which render it necessary for him to take immediate action.
Now, therefore, in exercise of the powers conferred by section 91 of the Constitution of Jammu and Kashmir the Governor is pleased to promulgate the following Ordinance :—
1. Short title and commencement.—
(1) This Ordinance may be called the Jammu and Kashmir Delegation of Powers Ordinance, 1982.
(2) It shall come into force at once.
2. Delegation of powers.—The powers exercisable by the Revenue Minister to hear appeal or revision under any law, rule or order for the time being in force shall, not with standing anything to the contrary contained in any such law, rule or order, be exercised by such person or authority, in such cases, as he may, in the interest of justice, by order, from time to time, direct.