Srinagar, Apr 1: Seven months after abrogating of Article 370 and bifurcating erstwhile state into two Union Territories, the Union government has issued new domicile laws for the residents of Jammu and Kashmir.
Earlier, 35 A of the Constitution of J&K (now abrogated) empowered J&K assembly to define a J&K resident, who alone were eligible to apply for jobs or own immovable property.
According to the new domicile law the person, who has resided for a period of 15- years or has studied for a period of 7 years and appeared in Class 10th /12th examination in an educational institution in J&K, will be eligible for the resident of Union Territory.
“The person, who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in J&K, will also eligible for a resident of J&K,” reveals new domicile law available with The Dispatch.
According to the new domicile law, the children of those Central Government Officials, All India Services Officers, Officials of Public Sector Undertaking and Autonomous body of Central Government, Public Sector Banks, Officials of Statutory bodies, Officials of Central Universities and recognised Research institutes of Central Government who have served in Jammu and Kashmir for a total period of ten years or children of parents who fulfil any of the conditions will also be eligible for the residents of J&K.
Children of such residents of J&K as reside outside Union territory of Jammu and Kashmir in connection with their employment or business or other professional or vocational reasons but their parents fulfil any of the conditions will also eligible for a resident of J&K.
Moreover, the government also designated Tehsildar within his territorial jurisdiction as the competent authority for issuance of domicile certificate
“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,” reads latest gazette notification, under Section 3A of the J&K Reorganisation (Adaptation of State Laws) Order 2020, under the J&K civil services (decentralisation and recruitment) Act.
The definition expands to include “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 and 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 fulfil any of the conditions in sections.”
Additionally, 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”.
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.
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 carying 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.
