Government notifies domicile rules
JAMMU: The Government Monday notified Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020. These Rules prescribe the procedure for issuance of Domicile Certificate which has been made the basic eligibility condition for appointment to any post under the Union Territory of Jammu and Kashmir following amendments in the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010.
Under the Domicile Rules all those persons and their children who have resided for 15 years in Jammu and Kashmir or have studied for seven years and appeared in class 10th or 12th examination in an educational institution in the UT are eligible for grant of domicile.
Children of Central Government officials, All India service 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 the Central Government, who have served in the Union territory of Jammu of Kashmir for a total period of ten years will also be eligible for Domicile status in the UT. Besides, all those migrants and their children who are registered with Relief and Rehabilitation Commissioner will be granted Domicile certificate, an official spokesman said.
He said that children of those residents of Jammu and Kashmir who reside outside the Union territory in connection with their employment of business or other professional or vocational reasons have also become eligible for grant of domicile status.
The rules provide a simple and time bound procedure for the issuance of the Domicile certificate so that no one is put to any inconvenience. There shall be a timeline of 15 days for issuance of the certificate after which the applicant shall be free to approach an Appellate Authority, the spokesman added.
The decision of the Appellate Authority shall be binding upon the issuing authority and the orders of the Appellate Authority are to be complied within seven days, failing which the defaulting officer shall be liable for a penalty of Rs 50,000 out of his salary, the spokesman said.
The appellate Authorities will also have revisional powers. They can, either suo moto or on through an application made, call for records, check the legality of any proceedings and pass appropriate orders in reference, the spokesman added. The rules have a provision that applications for grant of Domicile Certificate can be submitted either physically or electronically online. The Competent Authority can also issue domicile certificate(s) electronically, he added.
Permanent Residents of the erstwhile State of J&K in whose favour Permanent Resident Certificate (PRC) has been issued by the competent authority before 31.10.2019 shall be eligible for receiving their Domicile Certificates on the basis of PRCs alone and no other additional document shall be required for such residents, the spokesman said.
Kashmiri migrants can get the Domicile certificate on production of either a PRC or Certificate of registration of migrant. Further there may be bonafide migrants and bonafide displaced persons who have migrated but have not registered with the relief department.
In order to facilitate such persons, the Relief Department shall be making a special limited provision to apply before the Relief & Rehabilitation Commissioner (Migrant), for registration for the purpose of issuance of a domicile certificate only, with any one of the many documents, such as 1951/1988 electoral roll, proof of employment, ownership of property, proof of registration in other states/UTs as a migrant or a displaced person or any other documentation which would have made him/her eligible for grant of PRC before 06-08-2019.
As a result of the new rules and procedure, West Pakistan Refugees (WPRs), Safai Karamcharis and Children of Women married outside Jammu and Kashmir who were earlier deprived shall also be now eligible for Domicile Certificate. West Pakistani Refugees were part of the Parliamentary electoral roll but not that erstwhile state electoral roll. They will now be covered under the 15 year residence rule or their children under the 7 year/ class 10/12 rule.
Similarly a simple procedure has been defined in the rules for other categories of people who are eligible for grant of Domicile Certificate as per Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act. These include persons who have resided for a period of fifteen years in the Union territory of Jammu and Kashmir or have studied for a period of seven years and appeared in class 10th / 12th examination in an educational institution located in the Union territory of Jammu and Kashmir or children of such persons. These also include children of Central Government Official, All India Service Officers, Officials of Public Sector Undertaking and Autonomous body of Central Government, Public Sector Banks, Officials of Statutory bodies, Officials of Central Universities and recognized research institutes of the Central Government who have served in the Union territory of Jammu of Kashmir for a total period of ten years. A simple and easily available set of documents such as Ration Card, Immovable Property record, verified Education certificates, Electricity Bills or verified Labour Card/Employer Certificate, have been prescribed for obtaining the Domicile Certificate, the spokesman said.
The Government has also constituted a Committee to accelerate recruitment to government vacancies and to ensure transparency, inclusiveness and speed and that the committee has been asked to identify the vacancies for being filled up on immediate basis with priority to Class IV vacancies. The Committee will also ensure that necessary sanctions are obtained, rules are notified and any hitches in the recruitment process are removed.