Domicile Rules for J&K Defined

In News

The Union Government has defined the domicile rules for Jammu & Kashmir via a gazette notification.

In-Detail

  • The new rules were notified to protect the jobs of the domiciles in the Group D and other non-gazetted posts.
  • Under the Section 3A of the J&K Reorganization (Adaptation of State Laws) Order, 2020, under the J&K Civil Services (Decentralization and Recruitment) Act, domicile is now defined as those residing in the UT of J&K for a period of 15 years or have studied in J&K for seven years and have appeared in class 10th or 12th examination in any educational institution located in the UT of J&K or a person registered as a migrant by the Relief and Rehabilitation Commission (Migrants).
  • As per the notification, the domicile rules are for the purpose of determining who would be eligible for government posts carrying a pay scale of not more than level 4.
  • The Level 4 posts comprise of gardeners, barbers, office peons, waterman, etc. The highest rank in the category is of a junior assistant.
  • For Group A and Group B posts, the reservation of domiciles does not apply.
  • The definition also includes children of central government officials and All India Services Officers.
  • Also, children of PSU officials and autonomous body of Central Government, Public Sector Banks.
  • Further, children of officials of statutory bodies, officials of Central Universities and recognized research institutes of Central Government are eligible.
  • All these officials must have served in J&K for ten years or their children must have fulfilled any of the conditions notified in the sections.
  • Like all other UTs, the recruitment for posts will be carried out by the Union Public Service Commission (UPSC).

Prior to Notification

  • Before the abrogation of Article 35-A of the Constitution, the Assembly of J&K has the power to define who is a resident of J&K, who were eligible for applying for government jobs, or own immovable property in the state.
  • With the abrogation of Art 35-A, the MHA issued the notification to secure Level 4 jobs for local residents in UT of J&K.
  • A reply by MHA in the Parliament revealed that there are 84,000 vacancies in J&K.
  • Of these, 22,078 are Group IV or level 4 posts and 54,375 are non-gazetted posts.

Changes in PSA

  • The MHA also issues a notification making changes to the Public Safety Act (PSA).
  • As per the notification, J&K residents who are booked under PSA will be prohibited from lodging in jails outside the Union Territory.
  • The notification also withdraws all the pension benefits such as car, driver, accommodation, phones, electricity, medical facilities and rent-free accommodation to former J&K Chief Ministers.
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