[Gazette of Sind, Extraordinary, 9th September, 1971]
SIND PERMANENT RESIDENCE CERTIFICATE RULES, 1971.
[Gazette of Sind, Extraordinary,
9th September, 1971]
No. SOG(HD)1-186/71.— In pursuance of the Martial Law Proclamation
of the 25th March, 1969, read with the Provisional Constitution Order, and in
exercise of all powers enabling him in that behalf, the Governor of Sind and Martial
Law Administrator, Zone ‘D’, is pleased to frame the following rules:-
1.
(1) These rules may be called the Sind Permanent
Residence Certificate Rules, 1971.
(2)
They shall come into force at once.
2. (1) No
person shall be eligible for admission to a Medical or an Engineering College
in Sind, or such other Educational or Technical Institution in the Province as
may be notified by Government in that behalf from time to time (hereinafter
referred to as an educational institution) or be recruited to any Service or
against any post under the rule-making authority of the Governor of Sind, or
under any local authority or statutory body set up or established by it
(hereinafter referred to as the Public Service), unless he furnishes to the authority
competent to make the admission or the recruitment, as the case may be, a
certificate of his permanent residence in Sind from the District Magistrate of
the area where he is permanently residing.
(2) Nothing in this rule shall apply.
(a)
to admissions in education institutions against seats which have been reserved
by Government for special interest or for persons who are not permanent
residents of Sindh; and
(b)
to recruitment to any specified Service
or post, where it appears to Government that the limitation of permanent
residence in Sind would be against the public interest.
3. A person desirous of obtaining a
certificate of Permanent Residence under these rules, shall make an application
in Form ‘A’ to these rules to the District Magistrate of the area where he is
permanently residing. The application
shall be accompanied by an affidavit in Form ‘B’.
4. If the District Magistrate, on perusal
of the application and affidavit, and after holding such enquiry as he deems
necessary, is satisfied that the applicant is entitled to a certificate of
permanent Residence for the purpose of admission to an educational institution
or recruitment to the Public Service, as the case may be, he shall issue to the
applicant such a certificate.
5. (1) A certificate of Permanent Residence in
Sind, for the purpose of—
(a) admission
to an educational institution shall be issued in Form ‘C’; and
(b) recruitment
to the Public Service shall be issued in Form ‘D’.
(2)
The certificate shall specify the District or other local area in Sind of which
the holder of the certificate is a permanent resident.
6. No person shall be eligible for grant
of a certificate in Form ‘C’ unless—
(i) he
was born in any area forming a part of Sind, and further—
(a)
in the case of a person of legitimate
birth, at the time of his birth, his father was domiciled in Sind, or if he was
born after the death of his father, the letter, at the time of his death, was
domiciled in the Sindh, or
(b)
in the case of a person of illegitimate
birth, his mother, at the time of his birth, was domiciled in Sindh; or
(ii)
in the case of a person who was not born in Sind—
(a)
his parents are domiciled in Sind, and have resided in Sind for a period of not
less than 3 years; or
(b) if
his parents are not domiciled in Sind, he is domiciled in Sind, and further has
either resided in Sind or has been educated in Sindh for a period of not less
than 3 years; or
(iii)
his father or mother is in the service
of the Government of Sindh and has put in not less than one year service as
such.
7. (1) No
person shall be eligible for a grant of a certificate of Permanent Residence in
Form ‘D’ unless—
(i) he
is a citizen of Pakistan; and
(ii) fulfills
the conditions at clause(i) or clause(ii) of rule 6.
(2) A
person who is domiciled in or has acquired a domicile of another Province shall
not be granted a certificate in Form ‘D’, unless he renounces such domicile and
produces satisfactory evidence before the District Magistrate of such
renunciation.
8. (1)
Any person aggrieved by the grant or the refusal to grant by the
District Magistrate of a certificate of Permanent Residence in Form ‘C’ or Form
‘D’ may prefer an appeal to a Committee to be set up by Government for the
purpose; and the orders of the Committee confirming, modifying or setting aside
the orders of the District Magistrate shall be final.
(2) A
Committee to be set up under this rule shall consist of not less than 3 and not
more than 5 persons, who shall be senior officers of Government.
9. The
District Magistrate shall maintain a register in Form ‘E’ of all certificates
of Permanent Residence granted under these rules.
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