MHA amends 48-hour-old domicile law, reserve all the posts for J&K domiciles only

The Union Home Ministry on Friday amended 48 hours old domicile law and reserved all the posts for Jammu and Kashmir residents only.

The decision came after the government face intense criticism from youth and all political parties of Jammu and Kashmir. ” According to the new amendments, all the posts in will be reserved for the domiciles of Jammu and Kashmir,” reads a copy of order available with The Dispatch.

Earlier on Wednesday Centre issued notification defining rules for claiming domicile and access to reserved government jobs for the people of the Union Territory. The reservation for domiciles will not apply to Group A and Group B posts and only to level 4 posts or posts that carry a payscale not more than level 4.

Following the criticism on new domicile rules, the Jammu and Kashmir Bharatiya Janata Party (BJP) unit take up the issue with the central leadership and demand damage control measures.

According to the domicile law-a copy available with The Dispatch, the person, who has resided for a period of 15- years or has studied for a period of 7 years and appeared in Class 10th /12th examination in an educational institution in J&K, will be eligible for the resident of Union Territory.

“The person, who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in J&K, will also eligible for a resident of J&K,” reveals new domicile law available with The Dispatch.

According to the new domicile law, the children of those Central Government Officials, All India Services Officers, Officials of Public Sector Undertaking 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 Jammu and Kashmir for a total period of ten years or children of parents who fulfil any of the conditions will also be eligible for the residents of J&K.

Children of such residents of J&K  as reside outside Union territory of Jammu and Kashmir in connection with their employment or business or other professional or vocational reasons but their parents fulfil any of the conditions will also eligible for a resident of J&K.

Moreover, the government also designated Tehsildar within his territorial jurisdiction as the competent authority for issuance of domicile certificate

“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,” reads latest gazette notification, under Section 3A of the J&K Reorganisation (Adaptation of State Laws) Order 2020, under the J&K civil services (decentralisation and recruitment) Act.

“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 Jammu and Kashmir for a total period of ten years or children on parents who fulfil any of the conditions in sections” reads the notification available with “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” reads a notification.

“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 carying a pay scale for not more than level 4 unless he is a domicile of UT of J&K,” reads the notification. Moreover, the Centre has repealed the J&K civil services (special provisions) Act.

It is pertinent to mention here that the different section of society have been demanding the enactment of a domicile law for Jammu and Kashmir to protect the interests of the landowners and the unemployed youth, following the nullification of Article 370 by the Centre on August 5.