KINS Desk
Srinagar, Mar 01 (KINS): The Centre has redefined domicile for government jobs in the newly-created Union Territory of Jammu and Kashmir through a notification issued on Tuesday night.
According to the 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 that “who has resided for a period of 15 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”.
This would allow them to apply for gazetted and non-gazetted government jobs in the UT administration.
Before August 5, 2019, Section 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.
The new definition of domicile also 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 the UT of J&K for a total period of ten years or children of parents who fulfil any of the conditions in sections”.
Additionally, as per the new rules, 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 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.
Through the notification the Centre has repealed 29 state laws, which included the J&K civil services (special provisions) Act, while 109 have been amended.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”.(KINS)
