J&K – The issues around the state

Jammu and Kashmir notifies amended domicile certificate rules

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not Much

Mains level: New domicile rules for Jammu and Kashmir.

The J&K administration has notified the J&K grant of domicile certificate procedure rules 2020 and set a fast track process in motion to issue the certificates within a stipulated time of 15 days.

Practice mains question:

Discuss how the new domicile rules for the UT of Jammu and Kashmir would enable its full integration with the mainstream India.

New domicile rules

  • Domicile certificates have now been made a basic eligibility condition for appointment to any post under the Union Territory of J&K following the amendments in the previous Act.
  • These rules provide a simple time-bound and transparent procedure for issuance of domicile certificates in such a manner that no category of person is put to any inconvenience.
  • There is a timeline of 15 days for issuance of certificates. Under the amended rules, eligible non-locals can also apply for the certificate.
  • To make the process transparent and time-bound, any officer not able to issue the certificate would be penalized ₹50,000. The amount would be recovered from his salary.
  • The new process will allow West Pakistan refugees, safai karamcharis and children of women who married non-locals to apply for jobs here.

Who can avail the domicile certificates?

  • All Permanent Resident Certificate holders and their children living outside J&K can apply for the certificates.
  • Kashmiri migrants living in or outside J&K can get domicile certificates by simply producing their Permanent Residence Certificate (PRC), ration card copy, voter card or any other valid document.
  • A special window is also provided to migrants who have not registered with the Relief and Rehabilitation department.
  • Bonafide migrants can apply with the Relief and Rehabilitation department by providing documents like electoral rolls of 1988, proof of registration as a migrant in any State in the country or any other valid document.

Earlier Criteria for Domiciles

Satisfying any of the criteria mentioned below, a person would be deemed as a domicile of the UT of Jammu and Kashmir:

  • A person who has resided for a period of 15 years in the UT of J&K or
  • A person who 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
  • Someone who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants)
  • Children of Central government officials, All India Services, PSUs, autonomous body of Centre, Public Sector Banks, officials of statutory bodies, Central Universities, recognised research institutes of Centre who have served in J&K for a total period of 10 years
  • Children of such residents of J&K who reside outside J&K in connection with their employment or business or other professional or vocational reasons but their parents fulfil any of the conditions provided

Job criteria for new domiciles

  • The domiciles will be eligible for the purposes of appointment to any post carrying a pay scale of not more than Level 4.
  • The Level 4 post comprises positions such as gardeners, barbers, office peons and waterman and the highest rank in the category is that of a junior assistant.
  • The reservation for domiciles would not apply to Group A and Group B posts, and like other UTs, recruitment would be done by the UPSC.

Must read:

[Burning Issues] J&K New Domicile Rules

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