Grant Of Domicile Certificate (Procedure) Rules 2020

  • On 18th May, 2020, the Jammu and Kashmir administration issued a notification defining the rules for issuing domicile certificates in the Union territory, which specify the conditions and the process to obtain the documents required to applying to jobs and avail other privileges restricted to residents in Jammu and Kashmir.
  • The new rules replace the previous J&K permanent resident rules.

Background

  • On 1st April, 2020, , eight months after abrogation of Articles 370 and 35A, the government notified a law, spelling out new domicile rules for Jammu and Kashmir and eligibility for employment in the region.
  • Under the law, the domiciles have been defined as those who have resided for a period of 15 years in the Union territory of Jammu and Kashmir, those have studied for a period of seven years and appeared in Class 10th /12th examination in educational institutions located in J&K.

Need

  • Previously such domicile certificates were issued by officers of the level of deputy commissioners and it involved passing through a labyrinth of procedures and shuffling back and forth between many offices.
  • In that sense, the new rules are intended to bypass the byzantine bureaucracy and offer an accelerated path towards acquiring the domicile for non-locals.

Domicile Certificate (Procedure) Rules 2020

  • West Pakistan Refugees (WPRs), safai karamcharis and children of women married outside Jammu and Kashmir shall also be now eligible for Domicile Certificate.
  • All migrants and their children who are registered with Relief and Rehabilitation Commissioner will be granted domicile certificate.
  • All people who have resided in the UT for 15 years, or have studied for seven years and appeared in class 10th or 12th examination in an educational institution in the region, and their children, are eligible for grant of domicile.
  • Kashmiri migrants can get the Domicile certificate on the production of either a PRC or certificate of registration of migrant.
  • Children of central government, All India service, bank and PSU, statutory body, and central university officials, who have served in Jammu of Kashmir for a total period of 10 years will also be eligible for domicile status.
  • 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 domicile certificate has been made the basic eligibility criteria for appointment to any post under the Union Territory following amendments in the Jammu and Kashmir Civil Services (decentralization).
  • The certificate will be issued by the designated authority which in all cases is tehsildars or other officials that may be notified by the government.
  • Any officer not able to issue the certificate would be penalised ₹50,000. The amount would be recovered from his salary.

Impact

  • As a result of the new rules and procedure, West Pakistan Refugees (WPRs) including others who were earlier deprived shall also be now eligible for Domicile Certificate.
  • Further, the domicile rule makes all local government jobs available to non-natives, including those in police and administration, which means they will now be able to serve in such positions as station house officers and senior superintendents of police, etc.
  • As a result, the immediate implication of this change will most likely be reflected by the administrative set-up, which has so far been dominated by J&K natives.

Criticism

  • The regional parties rejected the J&K Reorganisation (Adaptation of State Laws) Order, 2020, and the J&K Grant of Domicile Certificate (Procedure) Rules 2020, saying it was aimed at changing the demography of the erstwhile State of J&K.
  • Describing it “unacceptable” and fraught “with widening the gap and inducing alienation”, they stated that his order was aimed at disempowering the people of J&K and effecting a demographic change.

Source : Civil Services Chronicle Online, May, 2020