State Subject Definition Notification
dated the 20th April, 1927 Legal Document No 44
No. I-L/84. - The following definition of the term "State
Subject" has been sanctioned by his Highness the Maharaja Bahadur (vice
Private Secretary's letter No. 2354, dated the 31st January, 1927 to
the Revenue Member of Council) and is hereby promulgated for general
information.
The term State Subject means and includes -
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 the
rein 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
are financially interested or as to the economic benefit to the State
or to the financial stability of which the Government are satisfied,
have by a special order of His Highness been declared to be State subjects.
Note I. - In matters of grants of the State scholarships
State lands for agricultural and house building purposes and recruitment
to State service, State subjects of Class 1 should receive preference
over other classes and those of Class 11, over Class III, subject, however,
to the order dated 31st January, 1927 of his Highness the Maharaja Bahadur
regarding employment of hereditary State Subjects in Government service.
Note II. - The descendants of the persons who have secured
the status of any class of the State Subjects will be entitled to. become
the State Subject of the same class. For example, if A is declared a
State Subject of Class II his sons and grand sons. will ipso facto acquire
the status of the same Class (II) and not of Class I.
Note III. - The wife or a widow of a State Subject of
any class shall acquire the status of her husband as State Subject of
the same Class as her husband, so long as she resides in the State and
does not leave the State for permanent residence out-side the State.
Note IV. - For the purpose of the interpretation of
the term 'State Subject' either with reference to any law for the time
being in force or otherwise, the definition given in this Notificaticn
as . mended up to date shall be read as if such amended definition existed
in this Notification as originally issued.
NOTIFICATION
(Issued by order of His Highness the Maharaja Bahadur
dated Srinagar, the 27th June 1932, (14th Har, 1989, published In Government
Gazette dated 24th Har, 1989).
No.13L/1989. - -Whereas it is necessary to determine
the status of Jammu and Kashmir State Subjects in foreign territories
and to inform the Government of Foreign States as to the position of
their nationals in this state, it is hereby commanded and notified for
public information, as follows:
That all emigrants from the Jammu and Kashmir State
to foreign territories shall be considered State Subjects and also the
descendants of these emigrants born aboard for two generations.Provided
that, these nationals of the Jammu and Kashmir State shall not be entitled
to claim the internal rights granted to subjects of this State by the
laws, unless they fulfill the conditions laid down by those laws and
rules for the specific purposes mentioned therein.
The foreign nationals residing in the State of Jarnmu
and Kashmir shall not acquire the nationality of the Jammu and Kashmir
State until after the age of 18 on purchasing immovable property under
permission of an ijazatnama and on obtaining a rayatnama after ten years
continuous residence in the Jammu and Kashmir State as laid down in
Notification No.-l-L. of 1984, dated 20th April, 1927.
Certificates of nationality of the Jammu and Kashmir
State may, on application, be granted by the Minister-in Charge of the
Political Department in accordance with the provision of section I of
this Notification.
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