The latest news revolves around the Jammu and Kashmir administration who recently amended the rules for issuing domicile certificates, establishing the J&K Grant of Domicile Certificate (Procedure) Rules 2020. This new regulation provides a transparent, time-bound procedure to issue domicile certificates.
Introduction to J&K Grant of Domicile Certificate (Procedure) Rules 2020
The updated law lays out the framework for granting domicile certificates to those individuals meeting the criteria stated in the Centre’s gazette notification. This norm introduces the domicile clause through amendments to the Jammu And Kashmir Civil Services (Decentralisation And Recruitment) Act, 2010. Domicile certificates are now deemed as a basic eligibility condition for appointments to posts under the Union Territory of J&K.
Eligibility for Non-locals
Significantly, under the amended rules, non-locals fulfilling eligibility criteria can apply for these certificates as well. This new process opens up opportunities for West Pakistan refugees, safai karamcharis, and children of women married to non-locals to apply for jobs.
Domicile Definition
According to the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order 2020, domicile is defined as any individual who has resided in the UT of J&K for a period of 15 years or someone who has studied for seven years and appeared for 10th and 12th-grade examinations from an educational institution situated in the UT of J&K. Provisions concerning migrants and government officials are also illuminated.
Time Stipulated under the Rules
The newly stipulated rules have set forth a fast track process for certificate issuance within 15 days. In cases where certificates are not issued within this period, applicants can seek redressal from an appellate authority, whose decision remains binding on the issuing authority, enforceable within seven days.
Ramifications for Non-compliance
Upon failure to comply with the order within the given timeframe, the defaulting officer faces a penalty of Rs. 50,000 to be deducted from his/her salary.
Eligibility Considerations
1. Permanent Residents
All holders of Permanent Resident Certificates and their children residing outside J&K can apply for these certificates.
2. Migrants
Where migrants are concerned, those Kashmiris living either inside or outside J&K can obtain domicile certificates by producing their Permanent Residence Certificate (PRC), a ration card copy, a voter card, or any other valid document.
3. Government Officials
Central government officials, All India Service Officers, officials of Public Sector Undertakings, Autonomous bodies of the Central Government, Public Sector Banks, Statutory bodies, Central Universities, and recognized research institutes of the Central Government who have served in the Union Territory of Jammu and Kashmir for a total period of ten years, are eligible for the certificate.