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INDIA
INDIA AND USA FOREIGN POLICY

Sunday, March 2, 2008

WHY DOES THE INDIAN MUSLIM WANTS TO REMAIN IN FILTH AND BECOME A CRIMINAL?


DAYANAND WAS BORN ON 12TH FEBRUARY AND NOT ON 2ND MARCH















































































GOLDY LUDHIANA OSWAL CHADDHA
CHASING A HIGH SCHOOL TEACHER OUT OF SCA SCHOOL JABALPUR BY DRAWING NAKED IMAGES OF HER IN THE BOYS BATHROOM WHEN SHE IS PREGNANT AND SITTING AND MUTILATING A DOLL'S LEGS BY IRISH AIIMS MEDICAL RESEARCH OF ARDHNARESHWAR HEMI HYPOTROPHY





























http://aaiil.org/text/books/others/

durrani/swamidayanand/swamidayanand.pdf































http://barcouncilofdelhi.in/bcdmembers.asp?id=D/406/2005




Enrollment No
D/406/2005
Applicant Name
LATIKA RANA
S/O, D/O, W/O
S/O SH.Y.P.S.RANA
Date of Birth
2/18/1977
Permanent Address
97, RAJAN KUNJ, OPP. 6th Bn P.A.C.,ROORKEE ROAD MEERUT-250001
Telephone No
0121-2611093
Temporary Address
A-22, SEC-9, OVERSEAS APPTS, ROHINI DELHI
University
DELHI UNI.










HAPPY BIRTHDAY LATIKA RANA-18-2-2008 WITH MURDER

http://www.minddisorders.com/Py-Z/Sexual-sadism.html

Sexual sadism

Definition



































WHY DOES THE INDIAN MUSLIM WANTS TO REMAIN IN FILTH AND BECOME A CRIMINAL?
PLEASE COMPARE THE IMAGES ABOVE AND JUDGE FOR YOURSELF AS TO WHY SHOULD MUSLIMS LIVE THE LIFE THAT THEY ARE LIVING IN INDIA AND WHO IS MAKING THEM WHAT THEY ARE -FULL OF HEINOUSNESS AND BRUTAL VIOLENCE?
PLEASE READ:-
Prof. Dr. Abdul Karim Saeed Pasha was born on 28th February 1945, at Dadar, District Mansehra, in the North West Frontier Province of Pakistan. His grandfather, Hazrat Maulvi Muhammad Yahya Sahib, named him Abdul Karim. Hazrat Syed Asadullah Shah Sahib, who was very close to the family, lovingly called him "Pasha" when he was still a child. He is today more commonly known by that name in the Jamaat [Movement].

He has remained a staunch member of the Jamaat, and has shown great patience and commitment to the Movement in times of adversity by the opponents of the Movement. His love for the Holy Quran is exemplary. Prof. Dr. Pasha was elected a member of the Mujlis-e-Motemideen [General Council of Trustees] in 1992 and has retained this honour and served the Jamaat in that capacity ever since. He commands a lot of respect in the Jamaat for his piety and goodness. He has always made very positive contributions about the affairs of the Jamaat. He has been a regular speaker at the Annual Ahmadiyya Duaaiya [prayer gathering] for over 20 years. He is fond of poetry and has expressed, in his poems, deep sentiments relating to the Jamaat and the hard times it has been through. He has served as a trustee of the Ahmadiyya Anjuman Lahore Missions International (AALMI) but resigned from this position when it became difficult for him to attend meetings of the trust in London. He represented the Central Anjuman at the World Muslim Convention of Ahmadiyya Anjuman Ishaat-i-Islam (Lahore) Fiji in April 1985. He also performed the dedication ceremony of Masjid-i-Noor in Suva on behalf of Hazrat Ameer Dr. Saeed Ahmad Khan.

Prof. Dr. Pasha is married and has three sons. The elder two are qualified doctors while the third is in the final year of medical school.

http://www.itspakistan.net/pakistan/pakistan-history.aspx

PLEASE READ

Emergence of Pakistan

Both the Congress and the Muslim League accepted the Plan. Two largest Muslim majority provinces, Bengal and Punjab, were partitioned. The Assemblies of West Punjab, East Bengal and Sindh and in Balochistan, the Quetta Municipality, and the Shahi Jirga voted for Pakistan. Referenda were held in the North-West Frontier Province and the District of Sylhet in Assam, which resulted in an overwhelming vote for Pakistan.

As a result, on August 14, 1947, the new state of Pakistan came into existence. May Allah keep Pakistan safe from enemy.

WHO IS THE ENEMY OF PAKISTAN?

THE
DAILY
NEWSPAPER







Tuesday May 8th 2007

Ahmadiyyas call for identifying
patrons of militants

Staff Correspondent

Ahmadiyya leaders on Monday demanded that the roots of all kinds of religion-based militancy, their patrons and suppliers of funds should be identified to contain the militants.
The Ahmadiyya Muslim Jamaat said the lives and security of the community people had been under threat since May 1 when bombs were exploded by a militant outfit Jadid al-Qaeda at the railway stations in Dhaka, Chittagong and Sylhet.
Jadid al-Qaeda left aluminium plates [Sterlite RADDIWALA]at the places of occurrences with a message threatening to kill the Ahmadiyyas unless they agree to Prophet Muhammad’s being the last prophet.
The Ahmadiyya missionaries said their creed is not different from that of other sects of Muslims and a section of mullahs were misinterpreting the things in a different way.
‘There is just only a single difference that we believe that Imam Mahdi has arrived and the other sects believe that he is yet to arrive,’ said Ahmad Tabshir Chowdhury at a news briefing at their central Ahmadiyya mission at Bakhshibazar in Dhaka.
He said the people who carry out such violent activities in the name of Islam are enemies of Islam. ‘The anti-Ahmadiyya movements are basically movements against the country and the nation. They are only using religion in their political interests.’
The Ahmadiyya leaders said all such anti-Ahmadiyya movements had links with the Pakistani bigots and they had for several times visited Bangladesh to instigate the innocent people.
‘We were also under threat in the past. But this time, we are more concerned about it as the militant outfit has sent out a message that it would attack us,’ an Ahmadiyya leader said.

Anara Gupta (born August 1986) is an Indian model and actress who won the "Miss Jammu" beauty pageant in 2001. She has been at the center of an ongoing and widely publicized pornography and police scandal in Jammu and Kashmir since 2004.

Allegation
A CD with a porno of Gupta was held in custody for about 10 days during which time she was presented to the media. She accused well-known cable TV operator Narinder Kohli of having raped her and lured her into the pornography business, then blackmailing her with the produced CD; Kohli was arrested. She also described a larger pornography ring, involving several politicians.

Counter allegation
The detention was later found to have been illegal and three police officers were dismissed. Gupta retracted her confession and claimed to have been tortured and coerced by police into making a false confession during her illegal detention, and proceeded to sue the police for compensation. An investigation by the forensic lab in
Hyderabad concluded that the woman in the video was not Anara Gupta and police then acted to close the case against her. An investigation by the forensic laboratory in Chandigarh however came to the opposite conclusion. Several parties, including the fired police officers, argued against closing the case, and court hearings were held throughout 2005, during which time Gupta was barred from talking to the media.


Follow up
In May 2005 she travelled with her mother to New Delhi and met with officials of the National Commission for Women and the National Human Rights Commission in order to have them investigate the alleged police misconduct.

In August 2005 she was reportedly starring in a movie about her career and ordeal, produced by Ashok Pandit. She also acted in the TV series Sulegti Rahen. In March 2006 she was reported to have moved to Mumbai and to star in a Bollywood movie about her life, produced by K K Yadava.

The High Court of Jammu and
Kashmir closed the case in December 2005, without charging Gupta. Social activist Amit Chouhan pressed for a reopening of the case, concerned that evidence about a pornography ring involving young girls and high ranking politicians was being suppressed. In August 2006 a fresh investigation into the case was begun, on order of the High Court of Jammu and Kashmir.

http://barcouncilofdelhi.in/bcdmembers.asp?id=D/406/2005

http://bhatiyajantatalji.blogspot.com/2008/01/

why-get-married-at-all-and-insult.html

Date:

Wed, 6 Dec 2006 01:43:01 -0800 (PST)

From:

"mamta dhody"

Subject:

Hindustan Zinc is not owned by ANIL AGGARWAL.-HT-17-11-2006 B&W-

To:

feedback@hindustantimes.com, suman.layak@hindustantimes.com

CC:

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To,

The Editor

Hindustan Times

Business and World

17th November 2006

Reference:- Sterlite plans $2 billion ADS issue

Sir,

Please visit the web page:- http://hzlindia.com/index1.asp- THE home page of Hindustan Zinc which was a public sector enterprise and the Government still holds a stake in it-You will be shocked that The Gupta Aggarwal dynasty has completely taken over the company officially.The web page shows that the company is owned by Vedanta-it stinks.The government is selling companies for peanuts –a company which drives out its faithful employees on VRS as soon as it takes over.The BALCO EXPERIENCE LOOMS LARGE OVER THE CONSCIENCE OF THE COUNTRY.Only officers who were party to getting the PSU sold are retained in the company and the rest are driven out on compulsory VRS.

The TRIBUNE

Saturday, August 25, 2001, Chandigarh, India

Balco VRS
New Delhi, August 24
About 1600 employees of privatised aluminium giant Balco have sought voluntary retirement as part of the VRS offered by the new management which is yet to take a final decision. Balco, which witnessed a two month long labour agitation earlier this year, had opened a VRS for its 6,300 odd employees on July 31. PTI

PLEASE DO NOT MISS THE 16TH SANSKAR NUMBER OF HINDUS.THESE STINKING GUPTAS AND AGGARWALS ARE SELLING HINDUISM-WHICH CASTE ARE THEY.?

The page has been designed as though the Hindustan zinc is already Sterlite’s Baap ki MAAL company.

The Government is setting a very bad example.It is indirectly supporting officers who are being unfaithful to their mother PSUS in favor of the looming large take over companies;because only such officers are taken by the newly formed company who were instrumental to disinvestment-STOP FOR GODS SAKE OUR RELIGIOUS BHARAT MATA WILL BE NAKED WITH THE SCREAMS OF THE HONEST AND FAITHFUL.

HOW CAN YOU ALLOW A COMPANY WHICH HAS BEEN REPORTED IN THE PRESS AS INVOLVED IN ANTINATIONAL ACTIVITIES TO TAKE OVER A GOVERNMENT COMPANY?IS THE RULING GOVERNMENT SUPPORTING ANTINATIONAL ACTIVITIES?

How can a company which is clearly to be shown giving documents on national security to antagonistic neighbour governments be allowed to take over government owned public sector units?

The bad charactered men having converted to muslim religion and thence heinous ARYA SANAJ and sold their faithful families to camera mobile culture are part of the disinvestment brigade .They are selling their sisters ,wives and mothers as they have sold their Rozi Roti earning PSUs to antinational companies


People's Democracy
(Weekly Organ of the Communist Party of India (Marxist)

Vol. XXVII

No. 50

December 14, 2003

STERLITE’S MALPRACTICES:

Violating Share Purchase Agreement With Impunity

THE Sterlite Industries has sold its 55 per cent equity to Twinstar Holdings, Mauritius without permission from the government of India. (The Telegraph, New Delhi, October 28, 2003). The implication of this deal is that BALCO and Hindustan Zinc are being deceptively sold to a third party which may ultimately be handed over to the Volcan Investment Ltd. UK. Twinstar Holdings now having 55 per cent stake in Sterlite industries wants to raise this to 75 per cent.

At the time of disinvestment in BALCO on March 2, 2003, the Sterlite Industries acquired 51 per cent stake in BALCO by paying Rs 551.5 crore for assets worth Rs 3,500 crore. BALCO had been a cash-rich public sector company with reserves and surplus alone worth Rs 460 crore. It Korba power plant was worth more than Rs 1100 crore. BALCO had been a profit-generating, dividend paying company contributing around Rs 300 crore annually to the government by way of taxes.

The government of India had made its Share Purchase Agreement (SPA) with Sterlite Industries which imposed various restrictions on the latter for a minimum period of three years. As per SPA schedule 7.4, the following is binding on Sterlite Industries:

· Minimum period of agreement is for 3 years (renewable).

· During 3 years Sterlite cannot sell/re-sell/ or mortgage BALCO’s fixed and movable assets to another company. Sterlite cannot close down the plant or its units.

· The name and title and business of the company cannot be changed.

· Sterlite cannot enter into business partnership with any other company.

· All service rules and conditions as applicable in government period would continue and no retrenchment of employees can take place except through VRS which shall not be less attractive than the government VRS.

All these conditions were brought before the Supreme Court and both the government and Sterlite submitted in their affidavits filed before the Supreme Court not to violate the Share Purchase Agreement (SPA). However, Sterlite has been violating SPA with impunity. By way of example we may mention the following:

§ Just after acquisition of BALCO, Sterlite started selling 6000 MT stock of finished aluminium and receiving the money directly in Sterlite Accounts. This stock was accumulated prior to transfer of BALCO to Sterlite and its hasty sale has caused a loss of about Rs 50 crore.

§ Sterlite also began selling machinery, equipment and other movable assets of Bidhan Bag Unit (West Bengal), Amarkantak (MP) and Gandhamardan (Orissa) mines of BALCO and diverted all the money received to Sterlite Account.

§ Sterlite management replaced experienced BALCO engineers by inefficient and incompetent engineers. As a result prestigious smelter plant of 100,000 MTY was damaged. Many of BALCO officers were removed within few weeks from key posts to keep entire fraudulent management strictly confidential. Under duress many officers of BALCO are being transferred to non-BALCO units viz, MALCO, India Foils, OFC, Ukraine etc.

§ In respect of deciding service conditions, particularly retirement age of the officers, Sterlite management has been functioning arbitrarily. As per SPA, retrenchment of employees is not allowed. However, retirement through VRS is possible. The benefits under VRS are to be as attractive as under government VRS. Under this provision Sterlite management invited applications from BALCO officers for opting retirement under VRS in July 2001, but no decision was taken for about 10 months. On March 26, 2003, vide letter No. Kb-Pers Estt (MPP) B-2070/2002, the management communicated to VRS applicants that their applications for retirement under VRS could not the considered because BALCO had expansion plans for the future. But contrary to this, the Sterlite management arbitrarily lowered the retirement age of the officers from 60 to 58 years vide letter No. Kb–VP (HR)/J Employee dated April 15, 2002. This is gross violation of the SPA. The officers in BALCO brought it to the notice of the government of India and made an appeal for its intervention. The government nonetheless remained indifferent to the whole matter and no intervention came from its side for a long time. In February 2003 a high power team headed by Hashu Bhai Dave, president, All India Trade Council was appointed by the prime minister to look into the injustices being done to employees of disinvested PSUs – BALCO and Modern Foods. The committee submitted its report to the prime minister in June 2003 but no action has been taken against the erring management of Sterlite.

§ Emboldened by the indifferent attitude of the government, Sterlite management is illegally selling 75 per cent of its stake in BALCO to Twinstar Holdings/Volcan Investment, UK. The deal is in contravention of the SPA between Sterlite and the government. As a result of this transfer of stake by Sterlite to Twinstar Holdings/ Volcan, its share in BALCO will decline to only 12.75 per cent as against stake of the government of India at 49 per cent. Strangely despite sharp reduction in the stake of Sterlite in BALCO, it still retains management in its hands.

Resale of BALCO by Sterlite to Twinstar Holding without permission from the government of India has been done illegally. Apart from this Sterlite has been found involved in serious malpractices such as evasion of excise duties, and manipulation of BALCO’s balance sheet and other accounts. The working of Sterlite ever since it acquired control over BALCO clearly shows that disinvestment in PSUs has created conditions whereby corruption and frauds in private companies buying PSUs has increased.

(This write up is based on the representation made by BALCO Officers Association to the prime minister of India recently.)

hindustan zinc board-

http://hzlindia.com/board.asp

Shri Agnivesh Agarwal, Chairman

Shri M.S. Mehta, CEO & Whole-time Director

Shri Sujit Gulati, Director

Smt. Ajita Bajpai Pande, Director

Shri A.C. Wadhawan, Director

Shri Nand Kishore Shukla, Director

Shri Anil Agarwal, Director

Shri Navin Agarwal, Director

Shri Tarun Jain, Director

Shri K. K. Kaura, Director
Hindustan Zinc Ltd (HZL) is India's leading zinc producer.

As a part of Vedanta Resources,

a London listed metals and mining major

with Aluminium, Copper and Zinc

operations in UK, India and Australia,

HZL takes advantage of its mineral resources and related

core competencies and believes it has growth opportunities

for increasing products and improving returns.

Office of Divisional Commissioner

Kashmir

SERVICES


Alieanation of migrant Property
[Migrant Immovable Property Act & SRO 364]

Page 1 2 3 [Previous][Next]

Office of Divisional Commissioner

Kashmir

SERVICES


Alieanation of migrant Property
[Migrant Immovable Property Act & SRO 364]

Page 1 2 3 [Next]

NOTICE

UNAUTHORISED OCCUPATION

Properties/Buildings belonging to Migrants which are under the occupation of any person(s) without the express/implied permission or consent of the owner/proprietor of the property will be termed as unauthorised occupation.

As and when the migrant owner comes to know about unauthorised occupation he/she should apply to the Deputy Commissioner of the district in which the property is located who in turn will take all necessary steps to remove the unauthorised occupants. The migrant owner is entitled to rent at the rate of double the market rate for the period of unauthorised occupation. In case of occupation by the security forces the owners are entitled to rent which matter also needs to be brought to the notice of the Deputy Commissioner concerned or the Divisional Commissioner Kashmir. The DIG Police, Kashmir based at Srinagar has been designated as the nodal officer for processing the cases for rent of buildings / land which is under the occupation of the security forces.

If your property is occupied [unauthorised] ,you can email Divisional commissioner with Subject : UNAUTHORISED OCCUPATION . divcom_k@jksect.jk.nic.in

Migrant Immovable Property Act

Due to the rise of armed insurgency in the State of Jammu and Kashmir during 1989-90,an over whelming number of Kashmiri Pandits and the Punjabi hindu families migrated to Jammu and other parts of the country leaving behind their immovable properties unattended in the Kashmir valley. In order to preserve and protect these unattended properties, the govt. of J&K issued appropriate directions to its field agencies especially the District Administration from time to time.

However, in the absence of a specific Act or Rule in this regard, the field agencies were constrained in monitoring and taking cognizance of any offence committed in respect of these properties. It was also generally observed that Kashmiri migrants were selling out their immovable properties in the Valley through middle-men which led to the impression that these properties were being sold under compulsion and distress.

Keeping all these circumstances in view the present popular Govt. under Dr. Farooq Abdullah, from the very moment of its taking over in 1996, envisaged to pass an Act in this regard in order to preserve these properties, safe-guard the interests of the migrant owners and also to regulate the procedure for alienation of these properties as well as to prevent the tendency of distress sale.

Accordingly the Govt. passed the Jammu and Kashmir Migrant Immovable property (preservation, protection and Restriction on Distress Sale) Act,1997. The main features of this Act are as under:-

  • a) The District Magistrate has been nominated as the custodian of these properties. He shall with in 30 days from the commencement of this Act take over the possession of immovable properties, belonging to migrants falling within his territorial jurisdiction and shall on the expiry of said period of 30 days be deemed to have the custody of such immovable property.
  • b) He shall also take all such steps as may be necessary for preservation and protection of such property. Consquently the inventorisation of the immovable migtant properties was under taken and completed by the Revenue Department during 1997-98.
  • c) Alienation of immovable property of a migrant by an act of parties or a decree or order of a court or of a Revenue officer except under such conditions as may be prescribed and with previous permission of the Revenue Minister or such officer as may be authorised by him in this behalf, is forbidden.
  • d) The Divisional Commissioner Kashmir has been designated as the prescribed Authority for grant of permission for the alienation of migrant immovable property under Section 3 of the Act. Accordingly the migrant owners are required to apply to the Divisional Commissioner Kashmir in 'Form 1' for accord of permission after proper enquiry through the concerned Deputy Commissioners .

Definitions:

(a) "Alienation" means sale, gift, mortage with possession or exchange but shall not include gift in favour of an heir.

(b) "Competent Authority" means the District Magistrate of the area.

(c) "Immovable property" shall also include tenancy right or interest created under any law of the time being in force.

(d) "Migrant" means any person who has migrated from Kashmir Valley after 1st November,1989 and is registered as such with the Relief Commissioner and includes a person who has not been so registered on the ground of his being in service of the Govt. in any moving office, or having left the Valley in pursuit of occupation or vocation or otherwise, and is possessed of immovable property in the Valley, but is unable to ordinarily reside there due to the disturbed condition.

(e) "Prescribed Authority" means the authority competent to grant permission under Section (3) of this Act. Presently the Divisional Commissioner Kashmir is the Prescribed authority.

(f) Relief Commissioner means any authority appointed as such by the Government or any other State or Central Government for purpose of registration of migrants. Presently the office of the Relief Commissioner J&K is located at Jammu.

continued..

Main Act
Be it enacted by the Jammu and Kashmir State Legislature in the Forty-eight year of the Republic of India as follows:-

1. Short title, extent and commencement:---
(1) This Act may be called the Jammu and Kashmir Migrant Immovable Property Preservation, Protection and Restraint on Distress Sales) Act, 1997.
(2) It extends to the whole of the State of
Jammu and Kashmir.
(3) It shall come into force at once.

2. Definitions:
In this Act, unless the context otherwise requires:-

  • (a) "Alienation" means sale, gift, mortage with possession or exchange but shall not include gift in favour of an heir.
  • (b) "Competent Authority" means the District Magistrate of the area and includes such officer of the area as the Government may appoint for an area;
  • (c) "Government" means the Government of the State of Jammu and Kashmir;
  • (d) "Immovable property" shall also include tenancy rights or interest created under any law for the time being in force;
  • (e) "Migrant" means any person who has migrated from Kashmir Valley after 1st November,1989 and is registered as such with the Relief Commissioner and includes a person who has not been so registered on the ground of his being in service of the Govt. in any moving office, or having left the Valley in pursuit of occupation or vocation or otherwise, and is possessed of immovable property in the Valley, but is unable to ordinarily reside there due to the disturbed condition.
  • (f) " prescribed" means prescribed by the rules made under this Act;
  • (g) "Prescribed Authority" means the authority competent to grant permission under Section (3).
  • (h) "Relief Commissioner" means any authority appointed as such by the Government or any other State or Central Government for purpose of registration of migrants.;
  • (i) "unauthorised occupant" means any person who has encroached upon or taken possession of any immovable property of a migrant without his written consent and authority of law.

3. Restriction on alienation of immovable property.-Not withstanding anything to the contrary contained in any other law for the time being in force--.

  • (a) Alienation of immovable property of a migrant by Act of parties or a decree or order of a court or of a Revenue officer except under such conditions as may be prescribed and with previous permission of the Revenue and Relief Minister or such officer as may be authorised by him in this behalf, is forbidden; Provided that no such permission shall be necessary in case of a mortgage without possession of such immovable property in favour of an institution mentioned in section 4-A of the Jammu and Kashmir Alienation of Land Act, Samvat 1995 and transfer of the said immovable property in favour of Government of Jammu and Kashmir; Provided further that the permission to alienate shall be deemed to have been granted, if an application seeking permission for alienation of such property is not decided by the prescribed authority within fifteen days from the date of receipt such application; Provided also that the enquiry for the purposes of the grant of permission by the prescribed authority shall be limited to the question of sale being not distress;
  • (b) any alienation of Immovable property on or after the commencement of this Act, in contravention to the provisions thereof, shall be null and void and immovable property so alienated shall, after such enquiry as may be prescribed, vest in its owner; and
  • (c) no document purporting to alienate such immovable property in contravention of the provisions of this section shall be admitted to registration.

4. Custody of immovable property.
1) Within 30 days from the commencement of this Act, the District Magistrate shall take over the possession of immovable properties, belonging to migrants falling within his territorial jurisdiction and shall on the expiry of said period of 30 days be deemed to have the custody of such immovable property.
(2) The District Magistrate shall take all such steps as may be necessary for preservation and protection of such property: Provided that possession of such property shall not be handed over to any one save with the express consent of the migrant in writing.

5. Eviction of unauthorised occupant.
If any unauthorised occupant of any migrant property refuses or fails on demand to surrender possession thereof to the competent authority, such authority may use such force as is necessary for taking possession of such property and may for this purpose after giving reasonable warning and facility to any women not appearing in public to withdraw, remove or break open any lock, bolt or any door or do any other Act, necessary for the said purpose.

6. Implementation of the provisions of this Act.
(1) the competent authority may take or cause to be taken such steps and use or cause to be used such force as may be, in its opinion necessary for eviction from or delivery of possession of immovable property under this Act.
(2) At any time after the commencement of this Act, it shall be lawful for a competent authority to enter upon any immovable property of any migrant and make or cause to be made any survey including measurement and do any other act which may be necessary for carrying out the purposes of this Act: Provided that no such survey or measurement shall be done otherwise than on a written complaint by a migrant.

7. Appeal .
(1) Any person aggrieved of an order passed under this Act, may file an appeal before the Financial Commissioner, Revenue: Provided that no such appeal shall be entertained against-

  • (a) an interlocutory order;
  • (b) an order of eviction unless possession of the property is surrendered to the competent authority;
  • (c) an order of payment of compensation determined under this Act unless the amount of compensation is deposited with the appellate authority.

(2) The period of limitation for filing of an appeal under sub-section
(3) shall be fifteen days from the date of order appealed against.

8. Bar of jurisdiction of Civil Court.
Notwithstanding anything contained in any law for the time being in force
(a) no civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter arising under this Act or the rules made thereunder; and
(b) no order of any officer or authority passed under this Act or the rules made thereunder shall be called in question in any civil court.

9. Indemnity.
No suit or any other legal proceedings shall lie against any officer or authority in respect of anything which is in good faith done or intended to be done under this Act.

10. Power to issue instructions.
The Revenue Minister may, from time to time, issue such instructions not inconsistent with this Act, or the rules made thereunder as he may consider necessary for the purposes of implementing the provisions of this Act or the rules made thereunder.

11. Act to override other laws.
The provisions of this Act, the rules made and the instructions issued thereunder shall have effect notwithstanding anything contained in any other law or custom or usage or in any contract, express or implied, or in any instrument inconsistent with the provisions of this Act.

12. Declaration of restriction imposed to be reasonable.
For the removal of doubts, it is hereby declared that restrictions imposed by section 3 on the rights conferred by clause (1) of Article 19 of the Constitution of India, as applicable to the State, shall be deemed to be reasonable restriction.

13. Compensation.
Any person who is an unauthorised occupant or recipient of any usufruct of any immovable property of the migrant shall pay to the migrant such compensation for the period of unauthorised occupation and in such manner as may be determined by the District magistrate: Provided that the same shall not be less than double the market rent/rate prevalent in that area.

14. Power to make rules.
The Government may make rules for carrying out the purposes of this Act.

SRO 364

In exercise of the powers conferred by section 14 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection, and Restraint on Distress Sales) Act. 1997, the Government hereby makes the following rules namely:

1. Short title and Commencement:

(1) These rules may be called the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sale) Rules, 1997.

(2) They shall come into force from the date of publication in the Government Gazette.

2. Definitions:

(1) In these rules, unless the context otherwise requires:

  • (a) "ACT" means the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.
  • (b) "Distress Sale" means sale of Immovable Property owned by a migrant at a price lesser than the prevalent market rate in the locality under compelling circumstances.
  • (c) "Form" means a form appended to these rules.

(2) All other words and expressions use in these rules but not defined shall have the same meaning as assigned to them in the act.

3. Application for grant of permission to alienate property:

An application for grant of permission by a migrant to alienate immovable property under sub-clause (a) of section 3 of the Act shall be submitted to prescribed Authority in form-I accompanied by the following documents :-

  • (a) An affidavit disclosing thereunder that the property is exclusively owned by him/her and or any other co-sharer (his/her name and full particulars shall be given)
  • (b) Details of such property from the Deputy Commissioner/District Megistrate concerned alongwith a 'No Objection Certificate'

4. Preliminary enquiry of an application

  • (1) The application if found complete in all respects shall be entered in the Register to be maintained in Form-2 and a formal receipt shall be given in Form-3 in the office of the prescribed Authority. The application shall be deemed to have been presented on the date on which it is entered in the Register and the time limit of fifteen days shall be continued from this date.
  • (2) Upon enquiry the prescribed Authority if it is found that the proposed sale of the property is distress sale, the application shall be rejected; and
  • (3) If the application is not rejected under sub-rule (2) above and is found to have been made in accordance with the provisions of these rule, further proceedings shall be taken by the prescribed Authority.

5. Grant of Permission to the Alienation of the property:-

The prescribed authority, after taking into consideration all the facts mentioned in the application and reports made in this behalf as also after making such enquiry as it considers necessary, may grant permission in Form-3 subject to the following conditions namely:-

  • (a) That the alienation shall be in favour of permanent resident of the State.
  • (b) That the property subject matter of alienation, is owned by the intending alienor free from all encumbrances.
  • (c) The prevalent market rate in respect of the property to be alienated will be determined by a revenue Officer not below the rank of an Assistant Commissioner in consultation with Executive Engineer of the Public works Department having jurisdiction in the area and;

PROCEDURE ]

The following documents are required to be annexed with the case. }

  • 1. Prescribed application forms in original duly filled in by the Alienor (s) with his/their attested signatures/photographs. The form should be also endorsed by the Divisional Commissioner, Kashmir's office to the concerned Deputy Commissioner.
  • 2. Original affidavit of the Alienor/s with revenue stamp of Rs 6/- to be affixed over it.
  • 3. Attested copy of Power of Attorney on behalf of the Aleinor/s.
  • 4. Revenue extracts Viz. Khasra Gridawari and copy of Jamabandi Araazi (Latest) duly attested by the Tehsildar concerned.
  • 5. Copy of mutation/allotment order/Loan liquidation certificate, if any for confirmation of the titles.
  • 6. Valuation of the land by the Revenue Agency.
  • 7. The valuation of the property should corroborate with the rates fed into computer available in this office for the area/location in the instant alienation case proposed by the Deputy Commissioner cencerned.
  • 8. Original Valuation of the structure from the PWD (R&B) wing.
  • 9. Specific NOC from the District Magistrate to the alienation of the property.
  • 10. Attested copy of the PRC of the Buyer(s).
  • 11. The covering letter addressed to this office should also contain the name(s) of the Buyer(s) with parentage and proper residential address.
  • 12. Tetima Shajra/Khaka Dasti.
  • 13. Remarks if any.

http://kashmirdivision.nic.in/about/services/migrant.htm



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