Domicile rule for J&K defined by GoI

The definition expands to include those who have “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.”

A person residing in Jammu and Kashmir for at least fifteen years will now be eligible to be a domicile of the union territory, according to the new rule issued by the Centre Tuesday.

In the latest gazette notification, Section 3A of the J&K Reorganisation (Adaptation of State Laws) Order 2020, under the J&K civil services (decentralization and recruitment) Act, has been introduced to define domicile as that “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 5, Article 35 A of the Constitution of India (now abrogated) empowered J&K assembly to define a J&K resident, who alone were eligible to apply for jobs or own immovable property.

The definition within the gazette expands to include “children of those central government officials, all India services officers, officials of PSUs and autonomous body of the central government, public sector banks, officials of statutory bodies, officials of central universities and recognised research institutes of the 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” but. their parents fulfil any of the conditions provided earlier.

The provisions of the Act authorise the Tehsildar as the 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 an 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29 state laws have been repealed while 109 have been amended.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 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Through the same order, the Centre has repealed the J&K civil services (special provisions) Act.