This document outlines the Central Scheme providing financial assistance to owners and tenants who suffer damage to their immovable and movable property during security operations conducted by Central Paramilitary Forces (CPMFs) and the Indian Army in Jammu and Kashmir. The scheme aims to provide adequate relief to those who are not involved in subversive activities but are inadvertently impacted by security actions.
Background and Purpose
Historically, the State Government of Jammu & Kashmir provided a limited ex-gratia relief of 50% of the loss, or Rs. 1 lakh, whichever was less. The inadequacy of this relief led to the formulation of the Central Scheme, which took effect on June 3, 2010. The scheme seeks to compensate affected individuals adequately for property damage while distinguishing between genuine losses and situations where owners or tenants are involved in subversive activities.
Eligibility Criteria
To be eligible for assistance under this scheme, individuals must demonstrate that the damage to their property occurred during actions by CPMFs or the Army. The owner or tenant of the affected property should not be involved in any subversive activities and should apply within 30 days of the incident. However, the Deputy Commissioner of the concerned district can condone the delay by up to 60 days, if the cause is reasonable and is put in writing. Further delay requires state government clearance.
Financial Assistance Details
The scheme provides financial assistance subject to the following conditions:
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Total Ceiling: The total relief amount is capped at Rs. 10 lakh.
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Immovable Property: A maximum of Rs. 7 lakh can be awarded for damages to immovable property, such as houses or industrial units.
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Movable Property: Up to Rs. 3 lakh is available for damages to movable household goods, including appliances and furniture.
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Apportionment for Tenants: If the property is occupied by tenants, 70% of the assistance is provided to the owner, and 30% to the tenant(s). If there are multiple claimants among owners/tenants, the District Level Committee will decide how to distribute the assistance.
Assessment and Verification
The process for assessment involves the following:
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A District Level Committee, chaired by the Deputy Commissioner of the concerned district, is formed for each case. This Committee comprises a Superintendent of Police (SSP)/ Superintendent of Police (SP) of the district, an Executive Engineer from the Public Works Department (PWD) or equivalent, and representatives from the Army and CPMFs.
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The Committee verifies the damage to the property through site visits and inquiries, considering revenue records, FIR copies, PWD assessment reports, and non-involvement certificates from local police and army formations.
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The committee’s recommendations should be made within 30 days of receiving the claim.
Implementation and Disbursement
The implementation process is as follows:
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After the District Level Committee review, recommendations are sent to the Financial Commissioner (Home), Government of J&K, who then forwards it to the Joint Secretary (K), Ministry of Home Affairs (MHA).
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The MHA reviews and processes the claim. If the case papers are incomplete, it is sent back to the Financial Commissioner for reconsideration.
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Once approved, funds are booked under the relevant budget head and sent to the Deputy Commissioner along with the sanction letter.
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The Deputy Commissioner is responsible for disbursing the aid to the affected parties.
Document Requirements
Claimants are required to submit:
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Application form
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Proof of ownership or tenancy
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Copy of the First Information Report (FIR)
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Non-involvement certificate from the relevant authorities
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Identification proof
Monitoring and Transparency
The scheme includes measures to ensure transparency and accountability. Funds are transferred through government channels with a requirement of submitting Utilization Certificates. The scheme also encourages coordination between local authorities, police, and defence personnel.
Conclusion
The Central Scheme for Assistance towards Damaged Immovable/Movable Property is an important mechanism to provide relief to individuals affected by unavoidable property damage during security operations in Jammu & Kashmir. The enhanced financial assistance and structured processes aim to ensure a just and efficient system for compensation, helping affected individuals recover and restore their lives while acknowledging the complexities and challenges that come along with maintaining peace and security in the region.