Context: The Jammu and Kashmir administration has issued a notification defining the rules for issuing domicile certificates in the Union territory.
- These rules provide a simple time-bound and transparent procedure for issuance of domicile certificates.
- The notification has been provided through an amendment of the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act, 2010.
Overview of the ‘J&K Grant of Domicile Certificate (Procedure) Rules 2020’:
- Under the amended rules, eligible non-locals can also apply for the certificate.
- There is a timeline of 15 days for issuance of certificates.
- Domicile certificates have now been made a basic eligibility condition for appointment to any post under the Union Territory of J&K following the amendments in the previous Act.
- To make the process transparent and time-bound, any officer not able to issue the certificate would be penalised ₹50,000. The amount would be recovered from his salary.
- All Permanent Resident Certificate holders and their children living outside J&K can apply for the certificates.
- Kashmiri migrants living in or outside J&K can get domicile certificates by simply producing their Permanent Residence Certificate (PRC), ration card copy, voter card or any other valid document.
- Bonafide migrants can apply with the Relief and Rehabilitation department by providing documents like electoral rolls of 1988, proof of registration as a migrant in any State in the country or any other valid document.
Background:
On March 31, 2020, the Government of India issued Jammu and Kashmir Reorganization (Adaptation of State Laws) order, 2020. According to the order, the domicile of a person is defined as
“A person who has resided in the Union Territory of Jammu and Kashmir for a period of 15 years or has studied in the UT for a period of 15 years and appeared in Class 10 or 12 examination in an educational institution of J&K” is considered to be a domicile of J&K.