AJK State Subject Act, 1980

— article, 2, AJK Interim Constitution, 1974 — definition of State Subject — Notification No. I- L/84 dated 20th April 1927, — the law relating to the “citizenship which includes Domicile”. So far the State of Jammu and Kashmir or Azad Jammu and Kashmir are concerned, the law relating to the citizenship is contained in Notification No. I- L/84 dated 20th April 1927, the same has been defined as “STATE SUBJECT” in Article 2 of Azad Jammu and Kashmir Interim Constitution 1974. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (Z)
Section 4, rule 6 of State Subjects Rules, 1980 — Section 21 General Clauses Act — deprivation of State Subject Certificate — District Magistrate — powers to cancel certificate of domicile — classes of State Subjects — question that District Magistrate is not empowered to cancel or recall the domicile certificate only Council is empowered to exercise such powers — section 4 of State Subjects Act and rule 6 of State Subjects Rules deal with deprivation of State Subject Certificate. The powers are conferred upon Council. No method for cancellation or deprivation of domicile certificate is mentioned in the provisions. Sub-section (2) of section 4, mentions the domicile certificate which is obtained by means of fraud, false representation or concealment of material facts — Court observed that in addition to State Subjects Classes I & 2, a person can enquire class 3 State Subject status — for depriving of State Subject’s status of such person the cancellation of the domicile certificate obtained through fraud, misrepresentation or concealment of facts has to be established — Held: appellant is a State Subject and she has not been deprived of her status of State Subject, therefore, the provisions of section 4 of State Subject Act, 1980 are not relevant. There is no express prohibition with regard to District Magistrate that on discovery of fraud, misrepresentation or concealment of facts, he cannot exercise the powers vested in him under section 21 of the General Clauses Act. The argument that the only AJ&K Council is empowered to cancel the domicile certificate and not the District Magistrates, is not acceptable. Beenish Bashir v. D.C/District Magistrate & 6 others 2014 SCR 327 (E,F& G)
— section 5 — rule 7, AJK State Subject Rules, 1980 — requirement for issuance of domicile certificate — A juxtaposed examination of both provisions manifests that a person applying for issuance of domicile certificate must demonstrate that he has been living in Azad Jammu and Kashmir for a period of not less than five years and he intends to live in Azad Jammu and Kashmir permanently. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (I) (2014 SCR 327), (1997 SCR 301) (PLD 2006 SC (AJ&K) 10). Rel.
S. 5 read with S. 7 — State Subject Rules 1980 — Domicile Certificate — Issuance of — Domicile of origin and domicile of choice — Private International law — Applicability of — Private International Law would be applicable only to those aspects of matter on which law of the land is silent. Miss Shahida Bano v. Azad Govt. and 5 others 1997 SCR 301 (A)
S. 5 read with r. 7 of State Subject Rules 1980 — Domicile certificate issuance of — Domicile of origin and domicile of choice — If a person has been continuously residing in AJK for a period not less than five years and intends to live permanently in AJK only he would be deemed to be domicile of AJK. Miss Shahida Bano v. Azad Govt. and 5 others 1997 SCR 301 (B)
S. 5 read with r. 7 of State Subject Rules 1980 — If a person is domicile of AJK — ‘Continuously residing’ does not mean physically residing in AJK. Miss Shahida Bano v. Azad Govt. and 5 others 1997 SCR 301 (C)
Section 5 read with rule 7 of the AJ&K State Subjects Rules, 1980 — Certificate of domicile — required conditions for obtaining the domicile certificate — domicile of choice — domicile of origin — proposition — appellant surrendered the domicile of choice and subsequently, the domicile origin has also been recalled by the District Magistrate — what is the status of domicile of appellant. For obtaining the domicile certificate of Azad Jammu and Kashmir 5 years continuous residence and further intention to live permanently in Azad Jammu and Kashmir is required — appellant surrendered the domicile of choice. Held: for obtaining the domicile certificate in Azad Jammu and Kashmir, she will have to prove 5 years continuous residence. Beenish Bashir v. D.C/District Magistrate 2014 SCR 327 (B) 1997 SCR 301 and PLD 2006 SC (AJ&K) 10 rel.
— section 9 — power to make rules, vests with the Government — AJK Board of Revenue was not competent to issue instructions/Circular dated 25.10.2003, 27.01.2014, 09.01.1998 — under Section 9 of the Act, the Rules making power vest in the in the Council now it shall be construed Government of AJK. The Board of Revenue was not competent to issue any such policy or instructions. Keeping in view the aforesaid perspective of the matter instruction contained in Circular dated 25.10.2003, 27.01.2014, 09.01.1998 issued by the Board of Revenue did not have any statutory force or backing. Be that as it may, the aforesaid instructions provides the procedure for issuance of State Subject Certificate and Domicile Certificate but at the same time the aforesaid instructions should have been issued by an authority competent to make Rules which does not vest in the Board of Revenue Azad Jammu and Kashmir. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (EE)
— section 9 — the instructions issued by the Government — validly made — instructions contained in Notification dated 07.09.2001 and 25th August 1997 are concerned, the same have been issued by the Government which is vested with the Rule making power. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (V)
— section 9 — power to make State Subject rules — vests in AJK Government — AJK Board of Revenue vested with no power to make rules or issue instructions — power of AJK Assembly We have come across the various instructions issued from time to time by the Board of Revenue Azad Jammu and Kashmir Government. In accordance with the provisions of the State Subject Act 1980 and the Rules framed thereunder in 1980 Board of Revenue of Azad Jammu and Kashmir is not vested with any power so as to issue any instructions or directions. Under Section 9 of the State Subject Act 1980, the Rules making power vest in the Azad Jammu and Kashmir which shall now vest to the Azad Jammu and Kashmir Government. The juxtaposition perusal of Section 9 of State Subject Act and the Rules framed thereunder would show that the Board of Revenue of Azad Jammu and Kashmir is not recognized by any of the aforementioned enactment and is not vested any power to be exercised by it in relation to the grant of State Subject Certificate and Domicile. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (CC)
Powers for grant and cancellation of State Subject Certificate are enumerated in the Act and the Rules made thereunder. Iqbal Razzaq Butt v. Abdus Salam Butt 1998 SCR 387 (A)
— the power to amend the AJK State Subject Act, 1980 and AJK State Subject Rules, 1980 — After Thirteenth Constitutional Amendment, Article 51(2) — AJK State Subject Act, 1980 and AJK State Subject Rules, 1980l — The power to amend the State Subject Act, 1980 and Rules framed thereunder now vest to the Azad Jammu and Kashmir Legislative Assembly and the Government as well. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (BB)