New Rules for Domicile in Jammu and Kashmir

The Jammu and Kashmir Reorganisation Act 2019 , issued on 05 August 2019, had explained the new rules for domicile in Jammu and Kashmir, but it was implemented by the Union Territory of Jammu and Kashmir on 18 May 2020. J & K Grant of Domicile Certificate Procedure Rules 2020 has been notified by notification. After this notification, new rules were made in the state for permanent domicile. Thus new domicile has been defined, after which eligible citizens can register for permanent resident of Jammu and Kashmir.  For the application of domicile, a  portal  https://www.jk.gov.in/jkeservices/home  has been launched by the Government of Jammu and Kashmir, under which, apart from applying for Domicile in Jammu and Kashmir, Registration can be done for many schemes and works of the state.

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Rules for Domicile

• J & K Grant of Domicile Certificate Procedure Rules 2020 have been implemented under the Jammu and Kashmir Reorganization Order 2020 (Adaptation of State Laws) issued by the Central Government.
• Under this, a total of 29 laws have been repealed, while 109 have been amended.
• The domiciles of the State have been redefined under section 3A of this notification.
• By this the Tehsildar has been appointed as a competent authority to issue domicile certificate.
• According to this, the certificate will be approved or rejected in 15 days.
• A person who has been residing, or has been living, in the Union Territory of Jammu and Kashmir for 15 years, will be eligible to obtain Domicile in Jammu and Kashmir.
• The person who has studied in the state of Jammu and Kashmir for a period of 7 years will be eligible for Domicile in Jammu and Kashmir.
• The person who has appeared in the 10th or 12th examination of the State Board of the Union Territory of Jammu and Kashmir will be eligible for Domicile in Jammu and Kashmir.
• Prior to the Jammu and Kashmir Reorganization Act 2019 (The Jammu and Kashmir Reorganization Act 2019), according to Article 35A (which has now been repealed), the Jammu and Kashmir Legislative Assembly had the right to define the resident of Jammu and Kashmir. According to this, only permanent residents of Jammu and Kashmir were eligible to apply for immovable property and government jobs in Jammu and Kashmir, citizens from outside the state were ineligible for this.
• But after the abrogation of Article 35A, the Central Government has allowed officers, officers of All India Services, officers of Public Undertakings and Autonomous Body of Central Government, Public Sector Banks, Officers of Statutory Bodies, Officers of Kendriya Vishwavidyalaya, recognized by the Central Government The children of the receiving research institutes have been asked to be included. Who served in Jammu and Kashmir for a total period of 10 years. This includes their parents and children, who meet any of the conditions in these classes.
• Persons registered as migrants by the Relief and Rehabilitation Commissioner (Migrants) in Jammu and Kashmir are also included for domicile.
• Children of such residents of Jammu and Kashmir as residents outside Jammu and Kashmir by reason of their employment or business or other professional reasons, but their parents fulfill any of the conditions provided earlier, shall also be deemed to be residents. are included as
• Section 5A of this Act states, no person shall be eligible for appointment to a post carrying a pay scale of more than level 4, unless he is a domicile of the Union Territory of Jammu and Kashmir.
• By this order, the Central Government has repealed the Jammu and Kashmir Civil Services (Special Provisions) Act. With this, the Central Government has repealed the Jammu and Kashmir Civil Services (Special Provisions) Act.

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Competent Authority and Appellate Authority

• Tehsildar has been appointed as a competent authority for issuing domicile certificate.
• 15 days time has been given to check the application made by the applicant and issue the certificate after accepting it, that means the application will have to be approved or rejected in 15 days.
• If the domicile certificate is not issued by the competent authority, then the applicant can file a complaint with the appellate authority / contact him.
• In the context of the above application by the appellate authority, it will be checked whether the person is eligible for domicile in Jammu and Kashmir and if the claim of the applicant is found correct by him, then the competent authority will be entrusted with the task. To be completed within 7 days. If the competent authority does not do so, Rs 50,000 will be deducted from his salary as a fine.

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Essential Document for Domicile

We can divide the documents required for domicile into three categories, or we can say that we can divide the citizens into three categories. Which are as follows –

1. Permanent Resident: All permanent residents of Jammu and Kashmir and their children can apply for Domicile in Jammu and Kashmir.
2. Migrants: Migrants who have registered as a migrant in Jammu and Kashmir. Can apply for Domicile in Jammu and Kashmir.
3. Government Officials: According to the conditions mentioned above, government officials can also apply for Domicile in Jammu and Kashmir.

Essential Document

• Aadhar Card 
• Permanent Resident Certificate or PRC – Self or Parents
• Date of Birth Certificate 
• Proof of Identity
• Proof of Residents Certificate of Education verified by the Chief Education Officer of the Distric 
• Certificate of Resitration as Migrants – for Migrants Person
• Electoral Rolls of 1988

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