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J&K defines rules for domicile certificates

Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

J&K defines rules for domicile certificates

What to study?

For Prelims: overview of the new rules.

For Mains: Concerns associated.

Context: The Jammu and Kashmir administration has issued a notification defining the rules for issuing domicile certificates in the Union territory.

  • These rules provide a simple time-bound and transparent procedure for issuance of domicile certificates.
  • The notification has been provided through an amendment of the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act, 2010.

Overview of the ‘J&K Grant of Domicile Certificate (Procedure) Rules 2020’:

  1. Under the amended rules, eligible non-locals can also apply for the certificate.
  2. There is a timeline of 15 days for issuance of certificates.
  3. 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.
  4. To make the process transparent and time-bound, any officer not able to issue the certificate would be penalised ₹50,000. The amount would be recovered from his salary.
  5. All Permanent Resident Certificate holders and their children living outside J&K can apply for the certificates.
  6. 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.
  7. 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.

Background:

On March 31, 2020, the Government of India issued Jammu and Kashmir Reorganization (Adaptation of State Laws) order, 2020. According to the order, the domicile of a person is defined as

“A person who has resided in the Union Territory of Jammu and Kashmir for a period of 15 years or has studied in the UT for a period of 15 years and appeared in Class 10 or 12 examination in an educational institution of J&K” is considered to be a domicile of J&K.

Implications of this move:

Due to the order, the West Pakistan Refugees and children of the women married outside J&K and Safai Karamcharis are now eligible to obtain domicile status.

InstaThink:

Prelims Link:

  1. Overview of the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act, 2010.
  2. Articles 35A and 370.
  3. Domicile requirement in J&K- background.
  4. Jammu and Kashmir Reorganization (Adaptation of State Laws) order, 2020.
  5. Who all can get domicile certificates as per new notification.

Sources: the Hindu.