| NC,Cong misinterpreting State Subject law: Dr Jitendra | | |
Early Times Report
Jammu, Dec 8 : Accusing the National Conference (NC) and Congress of misinterpreting the present State Subject law of Jammu & Kashmir by saying that it is the same as the one framed by Maharaja Hari Singh in 1927, BJP National Executive Member & J&K Chief Spokesperson Dr Jitendra Singh today released a documentary evidence to prove that Maharaja's State Subject law was very much different and far more progressive compared to the State's Permanent Resident Certificate (PRC) law currently in force.
Unlike the PRC Act, Maharaja's State Subject law did not impose a blanket ban on outsiders from settling in the State and infact, left enough room for non-J&K residents to become State Subjects wherever it was found desirable or in the interest of the State for various reasons including betterment of State's economy, he added.
To substantiate the point ,Dr Jitendra Singh said, "Maharaja's State Subject law recognized four classes of State Subjects which read as follows: Class I - All persons born and residing within the State before the commencement of the reign of His Highness the late Maharaja Ghulab Singh Sahib Bahadur, and also persons who settled before the commencement of samvat year 1942, and have since been permanently residing therein. Class II - All persons other than those belonging to Class I who settled within the State before the close of samvat year 1968, and have since permanently resided and acquired immovable property therein.
Class III- All persons, other than those belonging to Classes I and II permanently residing within the State, who have acquired under a rayatnama any immovable property therein or WIZO may hereafter acquire such property under an ijazatnama and may execute a rayatnama after ten years continuous residence therein.Class IV - Companies which have been registered as such within the State and which, being companies in which the Government is financially interested or as to the economic benefit to the State or to the financial stability of which the Government is satisfied, have by a special order of His Highness been declared to be State subjects.
Dr Singh went on to explain that in Maharaja's law, Class III allowed State subject eligibility to those outsiders who acquired immovable property and fulfilled certain conditions after ten years of continuous residence while Class 1v allowed eligibility to Companies which have been registered as such within the State and which, being companies in which the Government is financially interested or of economic benefit to the State.
"Where is such a provision in the existing PRC law of the State," he asked. Dr Singh went on to quote the existing PRC of the State which reads as follows, "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. In other words, Dr Singh said, this means that according to the PRC Act currently in force, for any outsider from any other part of India, the pre-condition have been set which debars any Indian from claiming eligibility for PRC if he or she did not come to reside in J&K before 1944 and the same clause resulted in denial of citizenship rights to the West Pakistan refugees settled in J&K after 1947.
The present PRC law is,therefore,an absolutely retrogressive law ,said Dr Jitendra Singh,in contrast to the Maharaja's State Subject law which was highly progressive and which also left ample room for genuine outside investment,industry and employment generation.
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