New Delhi: The Union government has notified new rules defining domicile for the Union Territory of Jammu and Kashmir. According to this, any person residing in J&K for 15 years, children of officials working in the UT for minimum 10 years and migrants who fulfill the stated conditions can be eligible for domicile.
Amending the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act of 2010, the gazette notification, J&K Reorganisation (Adaptation of State Laws) Order 2020, introduced section 3A to give domicile rights to any person who has lived in Jammu and Kashmir for 15 years.
The order says domicile will be given to any person "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.”
The new notification also gives domicile rights to children of officials posted in Jammu and Kashmir.
“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,” the order says.
This is a departure from the pre August position where the now revoked 35A gave the Jammu and Kashmir assembly the power to define a permanent resident who in turn enjoyed domicile rights.
A senior police officer posted in the Union territory welcomed the move. "This does take care of the concerns of officials posted in the Valley since their children faced difficulty in finding jobs here even after spending all their growing up years in the state turned UT.”
Migrants registered with the Relief and Rehabilitation Commissioner (Migrants) in the UT of J&K, whose parents fulfill the criteria, will also be eligible under the new law. “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” will be eligible says the notification.
A senior home ministry official, however, clarified that the order is limited to Grade 4 jobs only. Section 5A of the Act, introduced by the gazette notification says, "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."
This leaves the crucial question of who can own land in Jammu and Kashmir still open.
Post August 5, residents of both Jammu and Kashmir had expressed concerns that ending the erstwhile state’s special status may lead to demographic changes with outsiders being given power to own land in the UT.
An official posted in the Valley told CNN-News18 that Kashmiris are keenly watching out for land-related order.
“Many in the Valley are already seeing this as a blow since domicile rights will now be given to children of officers who are outsiders in their eye. If this is extended to land ownership, it might be seen as a bigger blow," he said.
The amendments to the Act authorise the Tehsildar as competent authority for issuing the domicile certificate, as opposed to the earlier system of deputy commissioner or any officer specially notified by the state government issuing these.
Reacting to the order, former J&K chief minister Omar Abdullah, who was recently released from detention, called the timing suspect.
Talk about suspect timing. At a time when all our efforts & attention should be focused on the #COVID outbreak the government slips in a new domicile law for J&K. Insult is heaped on injury when we see the law offers none of the protections that had been promised.— Omar Abdullah (@OmarAbdullah) April 1, 2020
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