The Government of India notified the Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020, on May 18 this year and allowed different categories of non-locals, including non-local government employees, to register for domicile certificates. The Jammu and Kashmir administration on 27th June, 2020 started the process of distributing domicile certificates among people belonging to different sections, who had been living in the Union Territory (UT) for the last seven decades but were deprived of their legitimate citizenship rights.
In law, domicile is the status or attribution of being a lawful permanent resident in a particular jurisdiction.
CRITERIA TO GET DOMICILE OF JAMMU AND KASHMIR:
“Section 3A of J&K Reorganization (Adaptation of State Laws) Order, 2020 under J&K Civil Services (Decentralization and Recruitment) Act state that:-
- Any person who fulfils the following conditions shall be deemed to be a domicile of the Union territory of Jammu and Kashmir for the purposes of appointment to any post carrying a pay scale of not more than Level-4 (25500) under the Union territory of Jammu and Kashmir or under a local or other authority (other than cantonment board) within the Union territory of Jammu and Kashmir:-
- who has resided for a period of fifteen years in the Union territory of Jammu and Kashmir or has 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
- who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the Union territory of Jammu and Kashmir.
- Notwithstanding anything contained in sub-section (1), following, following
persons shall be deemed to be domicile under sub-section (1) :-- 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 in subsection (1); or
- children of such residents of Union territory of Jammu and Kashmir 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 provided in sub-section (1)”.
Explanation:
Under the newly inserted Section 3A of J&K Civil Services (Decentralization and Recruitment) Act which is regarding domicile for purposes of appointment to any service in UT of J&K. A person will have to fulfil the following conditions to be deemed to be a domicile of the UT of J&K:
- A person who has resided in J&K for 15 years or has studied for seven years and appeared in Class 10 or Class 12 exams in an educational institution located in J&K will be deemed to have ‘domicile’.
- Children of central government officials, All India Services officers, officials of public sector undertakings and autonomous bodies of the central government, public sector banks, officials of statutory bodies, officials of central universities and recognised research institutes of the centre who have served in J&K for a total period of 10 years or children of parents who fulfil any of the conditions in the rule will also get domicile status.
- Besides, all those migrants and their children who are registered with the relief and rehabilitation commissioner will be granted a domicile certificate 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.
- 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 become eligible for grant of domicile status provided that the parents fulfil the conditions provided under Section 3A (1).
JOB RESERVATIONS:
“Section 5A of J&K Reorganization (Adaptation of State Laws) Order, 2020 state that:-
Subject to the provisions of this Act, no person shall be eligible for appointment to a post carrying a pay scale of not more than Level-4 (25500) unless he is a domicile of the Union territory of Jammu and Kashmir.”
Explanation:
- Section 5A of Civil Services Act provides for the domicile reservation for the purpose of appointment of any post carrying a pay scale of not more than Level – 04 under the UT of J&K or under local or any other (other than cantonment board) within the UT of J&K.
- Therefore, lowest level of non-gazetted rank jobs would be reserved exclusively for the Jammu and Kashmir domiciles.
How to apply for Domicile Certificate
Domicile Certificates are issued by the Tehsildar Concerned where the applicant is residing. For Online certificates Citizens can apply through https://jk.gov.in. Citizens first have to register with their full particulars as required on the web site. After registration, citizens can login into the web site and apply for Domicile Certificate. Citizens must ensure that they have selected proper Tehsil at the time of registration. Updation of Tehsil of applicant can be done after successful login by the applicant under “My Profile” option.
The permanent resident certificate (PRC) holders and other applicants can apply for the issuance of domicile certificate online by providing their Aadhaar number and receive the certificate through online mode.
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