Srinagar, April 01: After the eight months , Centre government on Wednesday defined a new domicile rule for Union Territory of J&K and includes those also who have lived in region for 15 years.As per the gazette notification released by the centre government reads a person residing in Jammu and Kashmir for at least fifteen years will now be eligible to be a domicile of the union territory.In the latest gazette notification, Section 3A of the J&K Reorganisation (Adaptation of State Laws) Order 2020, under the J&K civil services (decentralisation and recruitment) Act, has been introduced to define domicile.As per the law those “who has resided for a period of fifteen years in the UT of J&K or has studied for a period of seven years and appeared in class 10th/12th examination in an educational institution located in the UT of J&K.Before August 05, 35 A of the Constitution (now abrogated) empowered J&K assembly to define a J&K resident, who alone were eligible to apply for jobs or own immovable property.As per the new law, the children of those central government officials, all India services officers, officials of PSUs and autonomous body of central government, public sector banks, officials of statutory bodies, officials of central universities.
“Recognised research institutes of central government who have served in Jammu and Kashmir for a total period of ten years or children on parents who fulfill any of the conditions in sections,” it said.The notification has been issued by the Ministry of Home Affairs in exercise of powers conferred by section 96 of the J&K Reorganization Act, 2019, under section 14 referred to as The J&K Civil Services (Decentralization and Recruitment Act).The central govt passed J&K Reorganization Bill in the parliament on August 5 and 6, through which special status of J&K was revoked and the state was downgraded and bifurcated into two Union Territories of J&K and Ladakh.It also includes persons registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the UT of J&K, will also be included in the definition.
“Children of such residents of J&K as reside outside UT of J&K in connection with their employment or business or other professional or vocational reasons” but their parents fulfill any of the conditions provided earlier.The provisions of the Act authorise the Tehsildar as competent authority for issuing the domicile certificate, as opposed to deputy commissioner or any officer specially notified by the state government by way of a gazette notification in the form of a SRO.Earlier around 29 state laws have been repealed while 109 have been amended. Section 5A states that no person shall be eligible for appointment to a post carrying a pay scale for not more than level 4 “unless he is a domicile of UT of J&K.”Through the same order, the Centre has repealed the the J&K civil services (special provisions) Act.In August 2019, GOI abrogated the Article 370, through which special status of J&K and erstwhile state was bifurcated into two Union Territories of J&K and Ladakh. (JKNS)
