UT of Ladakh Grant of Resident Certificate (Procedure) Order, 2021

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भारत सरकार

GOVERNMENT OF INDIA

एस.जी.-एल.डी.-अ.-16102021-19

SG-LD-E-16102021-19

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असाधारण

EXTRAORDINARY

प्राधकिार से प्रकाशति

PUBLISHED BY AUTHORITY

लद्दाख, 14 अक्टू बर, 2021

LADAKH, THURSDAY, OCTOBER, 14, 2021

भाग II- खण्ड 1

Part II-Section 1

के न्द्र-शासति प्रदेश लद्दाख प्रशानि ADMINISTRATION OF UNION TERRITORY OF LADAKH

DEPARTMENT OF LAW AND JUSTICE

UT SECRETARIAT

Order No: 18-LA (LD) of 2021

Dated: 08-10-2021

In accordance with the paragraph 6 of the Union Territory of Ladakh Resident Certificate Order, 2021, the Administration of Union territory of Ladakh hereby make the following procedure for the grant of Resident Certificate for the purpose of appointment to a non-gazetted post under the Union territory of Ladakh and matters related thereto:

1. Short title, extent and commencement. —

(1) This Order may be called the Union Territory of Ladakh Grant of Resident Certificate (Procedure) Order, 2021. (2) It extends to the whole of the Union Territory of Ladakh. (3) This Order shall come into force on the date of its publication in the Official Gazette.

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

(a) "Administration" means the Administration of the Union territory of Ladakh.

(b) "Competent Authority" means Tehsildar within his territorial jurisdiction or any other officer as may be notified by the Administration of Union territory of Ladakh from time to time for the purpose of issuance of Resident Certificate.

(c) "Form" means a form appended to this Order.

(d) "Order" means the Union territory of Ladakh Grant of Resident Certificate (Procedure) Order, 2021.

(e) "Resident" means a Resident as defined in Union Territory of Ladakh Resident Certificate Order, 2021.

(f) "Resident Certificate" means a Resident Certificate issued under paragraph 6 of this Order.

3. Persons eligible for grant of Resident Certificate.— Any person who fulfils the following conditions shall be eligible for grant of Resident Certificate by the Competent Authority:

a) possesses a Permanent Resident Certificate issued by the competent authority in the districts of Leh and Kargil, or

b) belongs to a category of persons who would have been eligible to be issued Permanent Resident Certificate by the competent authority of the districts of Leh and Kargil, or

c) children of persons possessing a Permanent Resident Certificate issued by the competent authority in the districts of Leh and Kargil or children of persons who belonged to a category of persons who would have been eligible to be issued Permanent Resident Certificate by the competent authority in the districts of Leh and Kargil:

Provided that a person holding Domicile or Resident Certificate or such other certificate by whatever name called of any State or any other Union Territory shall not be eligible for being Resident of Union Territory of Ladakh.

4. Application for grant of Resident Certificate.— (1) Any person who is eligible for grant of Resident Certificate may apply to the Competent Authority for grant of Resident Certificate in Form 'A', either physically or electronically online (as may be made available by the Administration).

(2) In case of minors and persons suffering from any disability, application for grant of certificate, appearances and other acts may be done by their appointed guardians.

(3) Every application made under paragraph 4(1) and 4(2) shall be accompanied by such documents as are prescribed under this order. The application shall also be accompanied by Self-Declaration as to the correctness of the statement made by the applicant.

5. Class of Persons, Documents required, Authority Competent and Appellate Authority for issuance of Resident Certificate.— (1)Persons eligible for Resident Certificate under paragraph 3, categories whereof are specified in Column – II shall apply to relevant Competent Authority as specified in Column III along with documents specified in Column IV against each category for issuance of Resident Certificate as indicated in table below:

*The documents mentioned at serial number 2 are to be provided in case the applicant does not possess the Permanent Resident Certificate mentioned at serial no. 1

Note: All applications will be made in a prescribed application form where self-declaration/undertaking shall be taken regarding correctness of the information and attached certificates.

(2) Any person aggrieved by an order of Competent Authority shall file an appeal before the Appellate Authority as specified in column V:

Provided that the Appellate Authority shall decide the appeal after providing an opportunity of being heard to the parties.

6. Grant of Resident Certificate.— (i) After holding such enquiry as the Competent Authority may deem expedient and on the basis of documents furnished by the applicant under paragraph 5, the Competent Authority shall either issue Resident Certificate in Form 'B' to the applicant bearing his seal and signature or reject the application within a period of 15 working days:

Provided that if the Resident certificate is neither issued nor rejected within the specified time period, the applicant may prefer an appeal before Appellate Authority who shall, after affording opportunity to the Competent Authority, decide such appeal within a period of 15 days either accepting or rejecting such appeal:

Provided further that in case the applicant succeeds in his appeal, the Appellate Authority shall direct the Competent Authority to issue Resident Certificate within a period of 07 working days.

(ii) The Competent Authority can also issue Resident Certificate electronically, as may be made available by the Administration.

7. Revision.— The Appellate Authority may, Suo Moto or on an application made to it, call for records of the proceedings taken, or orders made, by any Competent Authority for purposes of satisfying itself as to the legality and propriety of such proceedings or orders and may pass such order in reference thereto as it deems fit;

Provided that no order shall be made against any person without affording him a reasonable opportunity of being heard.

8. Interpretation.— If any question of interpretation of any of the provisions of this Order arises, the decision of the Administration in the General Administration Department thereon shall be final. By the order of the Lieutenant Governor.

(Preet Pal Singh)

Administrative Secretary Department of Law & Justice

No: Secy/L&J/UTL/2021/ 711-721 Dated: 08-10-2021 Copy to:

1. Joint Secretary (Ladakh) Ministry of Home Affairs, Government of India. 2. All Administrative Secretaries, Union territory of Ladakh.

3. Secretary to Hon'ble Lieutenant Governor, Union Territory of Ladakh 4. Deputy Commissioners, Leh/Kargil. 5. OSD to Hon'ble Lieutenant Governor, Union territory of Ladakh 6. OSD to the Advisor to Hon'ble Lieutenant Governor, Union territory of Ladakh. 7. District Information Officer, NIC, Union Territory of Ladakh, for uploading the order on website of UT of Ladakh

8. Rajinder Singh, OSD to Law Secretary, for further action for publishing the order in e-gazette of Ladakh Administration.

9. Order File 10. Concerned FileLADAKH GAZETTE : EXTRAORDINARY 6

FORM- A

Resident of Ladakh Certificate

(See paragraph 4)

To The Tehsildar/Competent Authority, Subject:- Grant of Resident Certificate in favour of Mr/Miss/Mrs________________________________________ S/O, D/O W/o._______________________________________ R/O________________________________________________

Sir, Kindly issue Resident Certificate in my favour on the following grounds which are totally correct to the best of my knowledge.

1. That I am resident of Ladakh as defined in paragraph 4 of the UT of Ladakh Resident Certificate Order, 2021.

2. That I am not holding Domicile or Resident Certificate or such other certificate by whatever name called of any State or any other Union Territory

3. That I have not migrated nor attained citizenship of any foreign country.

4. That my forefathers have been residing in Ladakh prior to reorganisation of the erstwhile State of Jammu and Kashmir.

5. That I have not obtained the said Resident Certificate from anywhere so far.

6. That I am permanent Ration holder of ______________.

7. That I am married/un-married yet.

8. That I have produced two witnesses who will identify and attested my claim.

9. That I have changed the place of residence from_____________________

_____________________________________________________________

10. That I am real __________________of ______________________________

Whose PRC is enclosed.

11. That I have enclosed the following documents as proof in support of my claim:

1) _________________________

2) _________________________

3) _________________________

4) _________________________

5) _________________________

6) _________________________

7) _________________________

8) _________________________

. . .

Page1/2LADAKH GAZETTE : EXTRAORDINARY 7 In light of the above facts, I request that the requisite certificate may be issued in my favour.

Dated______________________ Yours faithfully,

FOR OFFICE USE

OFFICE OF THE COMPETENT AUTHORITY

1. Application No:__________________________________ 2. Dated of receipt of Application _____________________ 3. Name of the official along with designation who received the application form _______________________________________________________________

Page 2/2LADAKH GAZETTE : EXTRAORDINARY 8

Form-B

(See paragraph 6)

Administration of Union Territory of Ladakh

(Office of the Tehsildar/Competent Authority...................)

RESIDENT CERTIFICATE

Certificate No.__________________ Dated:_________________________

This is to certify that Shri/Smt/Kumari ____________________son/daughter/wife_________ resident of ________________ Village/Street___________________ Post Office _________ District___________ of UT of Ladakh, Pin Code___________ Aadhar No._________ ___________________ whose photograph is attested below is a resident of Union territory of Ladakh. 2. That the applicant is eligible in terms of the para 5 of the Grant of Resident Certificate (Procedure) Order, 2021.

Signature with seal of Tehsildar/Competent Authority___________________________

Name______________________________ Designation _________________________

Recent passport Size photograph of the applicant with stamp and seal of Tehsildar/Competent Authority

"No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The

Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal

consequences and also for any other misrepresentation etc."