Things to know about New domicile rule for Jammu & Kashmir

Eight months after the Centre revoked Article 370 of the Indian constitution, it has now notified a law spelling out domicile of Jammu and Kashmir and who is eligible for employment in the region.

The order — Jammu and Kashmir Reorganisation (adaptation of state laws) order 2020 — issued by the Ministry of Home Affairs, Department of J&K, comes into force with immediate effect. The domiciles under the order has been defined under Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act.

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Following are things to know about new definition of domicile for Jammu and Kashmir under Section 3A of the Jammu and Kashmir Reorganisation Adaptation of State Laws Order 2020, under the Jammu and Kashmir civil services decentralisation and recruitment Act.:

  1. Under the law, the domiciles have been defined as those who have resided for a period of 15 years in the Union territory of Jammu and Kashmir or have studied for a period of seven years and appeared in Class 10/12 examination in an educational institutions located in what is now a union territory.
  2. It includes 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 recognized research institutes of central government who have served in Jammu and Kashmir for a total period of ten years.
  3. The law has empowered Tehsildars within their territorial jurisdiction to issue domicile certificates. 
  4. The government of J&K UT has also been empowered to notify any other officer to be Competent Authority for issuance of domicile certificate.
  5. The law says any person fulfilling the conditions would be deemed to be domicile of the Union Territory of Jammu and Kashmir for the purpose of appointment of any post carrying a pay scale of not more than level-4 (25500) under the UT of J&K or under local or any other (other than cantonment board) within the UT of Jammu and Kashmir.
  6. According to the new law, jobs up to lowest level of non-gazetted rank are reserved for Jammu and Kashmir domiciles. The provision, however, would be also available to children of central government employees serving in Jammu and Kashmir for ten years and all those non-locals residing in Jammu and Kashmir for more than 15 years.
  7. Subject to the provisions of this Act, no person shall be eligible for appointment to a post carrying a pay scale of not more than Level-4 (25500) unless he is a domicile of the Union territory of Jammu and Kashmir,” reads section 5A of The Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act.
  8. he level 4 includes posts like Junior Assistant, Constable, which is considered as the lowest category of non-gazetted posts. This indicates domiciles of J&K UT would have exclusive right on class-4th and non-gazetted posts to be advertised by the Services Selection Board from now on wards.
  9. All Indian citizens including J&K domiciles would be eligible for remaining non-gazetted and gazetted posts. Before August 5, all jobs in erstwhile state of J&K were exclusively reserved for permanent residents of the State.

Source: Online Media Reports

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