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Centre expands domicile rule for J&K GS: 2 "EMPOWER IAS"

Centre expands domicile rule for J&K GS: 2 "EMPOWER IAS"

In news:

  • MHA recently issued the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020, through which it amended and repealed a number of laws of the erstwhile State.

 

About hte Order:

  • Issued by the Department of J&K and Ladakh Affairs, the Order stems from Section 96 of the J&K Reorganization Act, 2019.
  • The Act was a consequence of the abrogation of Article 370 of the Constitution of India and it reorganized the State into two UTs.
  • The Order notifies changes in the J&K Civil Services (Decentralization and Recruitment) Act (hereafter, “Civil Services Act”), which defines “domicile” for employment in the region.

 

Who is a Domicile in J &K?

  • Domicile is defined as a person who has lived in the Union Territory of J&K for at least 15 years or has studied there for at least seven years and appeared in Class X or Class XII examinations in any school in the region or who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the Union territory of Jammu and Kashmir.

 

 

Salient features of new rules:

  • In the latest gazette notification, Section 3A of the J&K Reorganization (Adaptation of State Laws) Order, 2020, under the J&K Civil Services (Decentralization and Recruitment) Act, has been introduced.
  • It defines domicile as that who has resided for a period of 15 years in the UT of J&K or has studied for a period of seven years and appeared in class 10th or 12th examination in an educational institution located in the UT of J&K.
  • The provisions of the Act authorize the Tehsildar as a competent authority for issuing the domicile certificate, as opposed to Deputy Commissioner.
  • Apart from J&K resident, the following are also eligible to apply for jobs or own immovable property in J&K: Children of those Central Government/PSU/PSB/universities officials who have served in Jammu and Kashmir for a total period of ten years or children on parents who fulfill any of the conditions in sections.
  • Section 5-A states that no person shall be eligible for appointment to a post carrying a pay scale for not more than level 4 unless he is a domicile of UT of J&K.
  • Through the same order, the Centre has repealed the J&K Civil Services (Special Provisions) Act.

 

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Changes introduced by the notification

  • Changes in PSA:
    • Recent notification of the MHA makes changes to the Public Safety Act (PSA) by removing a clause that prohibited J&K residents booked under the Act to be lodged in jails outside.
    • It changes the criteria for appointing the PSA advisory board on the recommendation of a search committee headed by the Chief Secretary instead of the Chief Justice of the J&K High Court.
  • It scraps all pension benefits such as car, driver, accommodation, phones, electricity, medical facilities and rent-free accommodation to former J&K Chief Ministers.
  • New definition of a domicile:Notification defines a domicile as one “
    • Who has resided for a period of 15 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 or 
    • Who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants)
  • Children of Central Government officials, All India Services, PSUs, autonomous body of Centre, Public Sector Banks, officials of statutory bodies, Central Universities, recognised research institutes of Centre who have served in J&K for a total period of 10 years” will be domiciles
  • Benefits for domiciles:The domiciles will now be eligible “for the purposes of appointment to any post carrying a pay scale of not more than Level 4”.

 

Scope of Section 3A

  • Children of those fulfilling the aforementioned conditions are also deemed to be included.
  • Section 3A also goes on to include children of those Central Government Officials, All India Services Officers, Officials of PSUs and Autonomous body of Central Government, PSBs, etc. who have served in J&K for a total period of ten years.
  • Additionally, it includes those children of such residents of UT of J&K who reside outside the UT of J&K in connection with their employment or business or other professional and vocational reasons, but the parents fulfill the conditions provided under Section 3A(1).

 

Job reservations:

  • Section 5A 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.