SERVICES

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5. Grant of certificate.

• 1) The authority to grant certificate under these rules shall be the competent authority.
• 2) When an order granting a certificate is made, one copy of the certificate duly signed by and bearing the seal of the competent authority shall be delivered to the applicant or on his behalf to any of the persons specified in clauses (b), (c) and (d) of sub-section (1) of section 4 or to his duly appointed guardian against a proper receipt obtained on the other copy ( of the certificate) which shall be similarly signed and sealed and remain attached to the file. Thereafter the file shall be consigned to the records, that received from the Tehsildar being returned to him for this purpose.

6. Disposal of applications.

The Tehsildar/Assistant Commissioner and the competent authority shall have the files entered in a register mainatained in Form 'B' and have an index in Form 'C' put on each one of them, the details under the headings of the columns in the register and the index being recorded according to the proceedings taken on them.

7. Revisional Proceedings.

• 1)
  • a) An application for revision under sub-section (1) of section 6 shall be accompanied by a copy of the order of which revision is sought and may be presented to the Secretary to Government, Revenue Department, and, if he finds it to be in order, he shall admit it for being heard by the Revenue Minister; provided that when the revisional authority is holding office in a division other than the one to which an application for revision pertains, such application may be presented before a Revenue Officer for transmission to such revisional authority
  • .b) Every written application or statement filed by a party to a proceeding under the Act, shall be drawn up and verified in the manner provided by the Civil Procedure Code for written statements in suits.
  • c) All reports under sub-section (2) of section 6 shall contain a brief statement of facts of the case and the grounds for reference to the Government and shall be made by the competent authority through the officers to whom he is sub-ordinate. Where the competent authority is the Deputy Commissioner, he shall submit the report through the Divisional Commissioner and Financial Commissioner and inform the applicant about it.

   

• 2). An entry of the substance of the order made under sub-section (1) of section 6 shall be made on the copy of the certificate attached to the file referred to in rule 5 and in the register referred to in rule 6 under the signature of the Tehsildar. Where the file is consigned to the records, such entry shall be made by the Record-Keeper under the orders, such of the competent authority. The original order issued by the Government shall be attached to and form a part of the file.

Where the orders of the competent authority granting a certificate have on revision been reversed and the person holding the certificate has, therefore, ceased to be a permanent resident:-

• 1) the fact shall forthwith be notified in the Government Gazette for information of the public by the Deputy Commissioner of the district, to which such person belongs, and also communicated by him to the Government Departments and the institutions have any dealings with such persons as a Government Servant or otherwise. The Deputy Commissioner shall at the same time take appropriate action in the matter of acquisition of his having been deemed a permanent resident, such person could not acquire; and
• 2) the Tehsildar shall call upon the person to whom the certificate is granted or his successor - interest if he is dead, to surrender the certificate. On the certificate having been surrendered, a note of the cancellation shall be made by the file on which the certificate was granted.

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