Sunday, March 7, 2021

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New Domicile Laws For Jammu and Kashmir (J&K) Issued By Modi-Government

New domicile laws for Jammu and Kashmir have been issued by the Modi-Government. According to the new domicile laws, 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 rules.

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In the latest 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 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, 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.

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Domicile Laws – Jammu and Kashmir

The definition 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.”

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Furthermore, persons registered as a migrant by the Relief and Rehabilitation Commissioner (mostly Kashmir Pandit Migrants) in Jammu and Kashmir (J&K), will also be incorporated 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.

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29 state laws have been repealed while 109 have been amended.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.

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Earlier, the EurAsian had reported that Jammu and Kashmir could get Domicile Laws as early as the end of this month. The Domicile Law will ensure the protection of land and jobs for the permanent residents of the erstwhile state of Jammu and Kashmir.

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