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    were you originally domiciled in the state of jammu and kashmir between 01.01.1980 and 31.12.1989 ?

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    Domicile rules for J&K

    When was the new policy introduced and how will it impact the people of the erstwhile State?

    The Package | 3 Stories

    Domicile rules for J&K

    When was the new policy introduced and how will it impact the people of the erstwhile State?

    May 24, 2020 12:02 am | Updated 12:02 am IST

    Vijaita Singh COMMents SHARE READ LATER

    The story so far: On March 31, the Ministry of Home Affairs (MHA) issued the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 by publishing a gazette notification. Through the order, the MHA amended 109 laws and repealed 29 laws of the erstwhile State of Jammu and Kashmir. The MHA amended a 2010 legislation, the Jammu and Kashmir Civil Services (Decentralisation and Recruitment Act), by substituting the term “permanent residents” with “domiciles of UT [Union Territory] of J&K.”

    What did the 2010 Act say?

    The 2010 Act pertained to employment in the Civil Services comprising “district, divisional and State” cadre posts. Earlier, only permanent residents of J&K were eligible to apply for gazetted and non-gazetted posts. The domicile rules as defined under the amended order will determine recruitment to all government posts in J&K from now on.

    Also read: Kashmiri Pandits welcome amended domicile laws

    On May 20, the Union Cabinet chaired by Prime Minister Narendra Modi gave ex-post facto approval to the order. On August 5, 2019, Parliament had diluted Article 370 of the Constitution, revoked the special status of J&K and had bifurcated the State into two Union Territories — of J&K and Ladakh, the latter without a Legislative Assembly. The two revoked provisions of the Constitution let the J&K Legislature decide the “permanent residents”, prohibiting a non-J&K resident from buying property there and ensuring job reservation for its residents.

    What are the main features of the new policy?

    The March 31 order offered protection to domiciles only in Group D and entry-level non-gazetted government posts. After an uproar by the J&K unit of the Bharatiya Janata Party (BJP) which raised concerns that protecting only lower level jobs for domiciles was an insult to the residents, the MHA reversed the order within 72 hours. The newly formed Apni Party also opposed it. On April 3, a fresh order with six changes was issued saying the policy will apply to “any post” in the government. The order defines domiciles as anyone “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 or who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants)”. It said that children of central government officials including the all India services, public sector units, autonomous body of Centre, Public Sector Banks, officials of statutory bodies, central universities and recognised research institutes of the Centre who have served in J&K for a “total period of 10 years” will be domiciles. The domicile status also applies to “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 should fulfil any of the conditions provided”. It will allow West Pakistan refugees and children of women who married non-locals to apply for jobs in J&K. The power to issue domicile certificates has been vested in the tehsildar (revenue officer). According to MHA’s reply to a parliamentary panel on February 18, there are over 84,000 vacancies in J&K of which 22,078 vacancies pertain to Class IV employees, 54,375 to non-gazettted, and 7,552 vacancies are at the gazetted level.

    Also read: NC, PDP reject J&K domicile law

    What are the rules for grant of domicile certificate?

    On May 18, the J&K administration notified the J&K grant of domicile certificate procedure rules, 2020 to issue the certificates within 15 days, saying the officer not able to do so will be penalised ₹50,000 of his or her salary. Residents of J&K who live outside the erstwhile State can get domicile certificates by simply producing their Permanent Residence Certificate (PRC), ration card copy, voter card or any other valid document. Those migrants not registered with the Relief and Rehabilitation department can do so by providing documents such as electoral rolls of 1988, proof of registration as a migrant in any State in the country or any other valid document. There is a provision to get the certificate online too.

    Also read: Centre’s amendments to J&K domicile laws draws flak from local parties

    Why is the policy being opposed?

    The two main political parties, the National Conference (NC) and the Peoples Democratic Party (PDP), have opposed the order saying “it was aimed at changing the demography” of J&K. The NC said in a statement that the amended domicile law was made in exercise of power under the J&K Reorganization Act 2019 that has been challenged in a number of petitions before the Supreme Court of India. The PDP said that it will resist the policy by democratic and peaceful means. It said the COVID-19 pandemic was not a deterrent for the Centre to continue with its project to disempower J&K and that the demographic change and disenfranchisement will further complicate the J&K issue.

    स्रोत : www.thehindu.com

    Centre expands domicile rule for J&K, includes people living in UT for 15 years

    DDNews, News, National News, Indian News, Sports News

    Centre expands domicile rule for J&K, includes people living in UT for 15 years

    01-04-2020 | 6:52 pm

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    The Centre has defined new domicile rule for Jammu and Kashmir which includes those who have lived in the Union Territory for 15 years. A person residing in Jammu and Kashmir for at least 15 years will now be eligible to be a domicile of the Union Territory, according to the new rule issued by the Centre on Tuesday.

    In the latest gazette notification, Section 3A of the J&K Reorganization (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 15 years in the UT of J&K or has studied for a period of seven years and appeared in class 10th or 12th examination in an educational institution located in the UT of J&K.

    Before 5th of August last year, 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 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 recognized research institutes of Central Government who have served in Jammu and Kashmir for a total period of ten years or children on parents who fulfill 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 residents outside UT of J&K in connection with their employment or business or other professional or vocational reasons but their parents fulfill any of the conditions provided earlier.

    The provisions of the Act authorize the Tehsildar as a 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 5-A 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.

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    स्रोत : ddnews.gov.in

    Explainer: All you need to know about Jammu and Kashmir's domicile law

    Post abrogation of Article 370 and 35A and passing of J&K Reorganisation Bill in the parliament, the special status of J&K was revoked and the state was bifurcated into two UTs of J&K and Ladakh.

    Explainer: All you need to know about Jammu and Kashmir's domicile law

    SECTIONS

    Explainer: All you need to know about Jammu and Kashmir's domicile law

    ET CONTRIBUTORSLast Updated: Jul 23, 2020, 12:24 PM IST

    Share Font Size Save Print Comment Synopsis

    Post abrogation of Article 370 and 35A and passing of J&K Reorganisation Bill in the parliament, the special status of J&K was revoked and the state was bifurcated into two UTs of J&K and Ladakh.

    PTI

    A man rows his boat through a lotus garden during rainy weather, at Dal Lake in Srinagar, Tuesday, July 21, 2020.

    By Ghazal Khan

    The word Domicile for a Kashmiri evokes a mixed reaction, the undertones of which have been capitalised upon by Pakistan sponsored factions to malign and mislead the facts and figures relating to the law. Post abrogation of Article 370 and 35A and passing of J&K Reorganisation Bill in the parliament, the special status of J&K was revoked and the state was bifurcated into two UTs of J&K and Ladakh. MHA amended the 2010 legislation pertaining to the J&K Reorganisation Act 2019 (Decentralization and Recruitment Act) on 31 Mar 20 by substituting the term ‘permanent residents’ with ‘domiciles of J&K’.

    Who is a domicile?

    Under the law, the UT domiciles have been defined as those who have been a resident for a period of 15 years in the UT or have studied for a period of seven years and appeared in Class X/XII exam in a registered educational institute in J&K. The domiciles also include children of central government or central government aided organizations, PSU who have served in J&K for a period of 10 years.

    To expedite the process Tehsildars within their territorial jurisdiction have been authorised to issue domicile certificates. The govt of J&K UT has also been empowered to notify any other officer to be the competent authority for the issuance of a domicile certificate.

    Previous allocations under Article 370 And 35A

    Previously under Article 35A and the provisions of special status of J&K formed the benchmark for defining domiciles of J&K. Article 35A empowered J&K assembly to define a J&K resident. The J&K constitution which was adopted on 17 Nov 1956 defined a permanent resident of J&K who was a state subject as on 14 May 1954 or who has been a resident of state for 10 years and has acquired an immovable property in the state. The implication of the law was suffered by the communities which despite being a resident of J&K for more than 70 years were denied the status of a ‘permanent resident’. The privilege of being a domicile of J&K was ltd to a few special category as defined in Art 35A

    Behind the veil of propaganda

    The domicile law in J&K has been subjected to immense controversy and criticism. The manner in which the various narratives of Settler-Colonialism/Occupation have been minted displays an administered approach to propaganda. The benefits of this law have completely been by-passed in this mayhem and require attention to understand the decision taken on 5 August 2019.

    Industrial sector

    The amendment in domicile law is a catalyst for industries and MNCs for establishment of prolific economic ventures. According to government figures, the industrial setup has been running in losses owing to the lack of investment and strict laws relating to ownership of land in J&K. The dilution in domicile status will have a direct effect on the purchase and ownership of property in J&K. The ease in procurement of land will draw more investors in the state boosting the economic structure of J&K. The private sector in J&K is in a nascent stage owing to adverse internal security situation and frequent shutdown calls by separatists. With the inflow of revenue boost to industrial apparatus will be possible.

    Central Government Employees

    The central government employees posted in J&K were at gross disadvantage in a number of aspects as they could not reap benefits which were applicable to them in the rest of the country like preferences of local domicile for admission in professional colleges and benefits like scholarships for their children. This acted as a deterrence and rationale to seek transfer to any other region at the first opportunity. The amended domicile law will encourage Central Government employees for prolonged tenures, thereby recuperating the administrative structure of J&K. In 2017, the Centre for Media Studies (CMS) conducted a research regarding the corruption in 20 states of India. In its study CMS placed J&K amongst the most corrupt states in India. The study claimed that more than 33% respondents stated that the state govt is not ‘committed at all’ towards reducing corruption in public services. With more better competition for the state services the quality of public servants will expedite and the administrative structure of the state will improve.

    Tourism Industry : Driving force

    Tourism industry is an economic facilitator and emp generator in J&K. The sector has the capability to create large-scale employment for diverse sections of the society from the most specialized to the unspecialized workforce. The state has a tremendous scope in tourism industry which demands additional hotels, commuting services like Ola and Uber, Food and Beverage ventures and other allied business. Till now the real scope of Tourism has not been capitalised in J&K which will be fielded with influx of investments and better qualified professionals.

    स्रोत : economictimes.indiatimes.com

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