File photo of Srinagar | ANI
File photo of Srinagar | ANI
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Srinagar: The Narendra Modi government has redefined domicile for government jobs in the newly-created Union Territory of Jammu and Kashmir through the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020, issued late Tuesday night.

According to the notification, anyone who has resided in J&K for 15 years or has studied in the state for seven years, and appeared in either the Class 10 or the Class 12 examination, will be eligible for domicile certificates. This would allow them to apply for gazetted and non-gazetted government jobs.  

The new rules also state that migrants registered by the Relief and Rehabilitation Commissioner need not fulfill the amended requirements.

It is a stark departure from the earlier domicile laws in the state. 

Until J&K was stripped of its special status granted under Article 370 and it was bifurcated into two union territories on 5 August last year, Article 35 A of the Constitution empowered the state assembly to define a J&K resident. Only J&K residents were eligible to apply for jobs or own immovable property in the erstwhile state.  

The central government’s Tuesday decision comes amid apprehension in the UT that there would be a demographic change in J&K following the scrapping of Article 370, which guaranteed state subjects the right to jobs, owning property and legislating laws. It also comes at a time when J&K, along with the rest of the country, continues to be under a lock-down in the wake of the Covid-19 outbreak.

The latest government order also defines domicile as an administrative category rather than identity-based residency. 


Also read: J&K to release 31 prisoners detained under Public Safety Act amid coronavirus outbreak


109 laws amended, 29 repealed

In the gazette notification issued by the Ministry of Home Affairs, classified as “extraordinary”, the Centre has repealed the J&K Civil Services (special provisions) Act. 

It has also introduced changes in Sections 3, 5, 6, 7, 8 and 13 of the J&K Civil Services (decentralisation and recruitment) Act, 2010. The Act is among 109 laws of the erstwhile state that have been amended through Tuesday’s order that also repeals 29 other laws.

While Section 5A now 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”, in Sections 6, 7 and 8 the words “permanent resident of the State” have been substituted with “Domicile of Union Territory of Jammu and Kashmir”. These sections of the J&K Civil Services Act, 2010, dealt with appointments at district, divisional and state levels.

The Section 13 of J&K Civil Services Act, 2010, which has been omitted completely, defined residence in the erstwhile state of Jammu and Kashmir. 


Also read: Inside the Srinagar control room, which is trying to keep coronavirus at bay in J&K


Domicile for central govt employees

According to the new rules, children of officials with the central government, all India services, public sector undertakings, public sector banks, statutory bodies, central universities and recognised research institutes of the central government who have served in J&K for 10 years will also be eligible to apply for gazetted and non-gazetted government jobs in the UT.

The new rules have also been extended to children of those who fulfil the above mentioned criteria even if they do not live in J&K.  

The government decision also comes when leaders of most political outfits in J&K are under detention. Among the prominent politicians, former chief ministers Farooq Abdullah and Omar Abdullah have been released from detention.  


Also read: Friday prayers suspended in Jammu and Kashmir as Srinagar records first Covid-19 death


 

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22 Comments Share Your Views

22 COMMENTS

  1. After all these faulty laws,what about the immovable property of migrant of J&K which had been grabed by some people by force in J&K.when would these migrant iether they may be muslims or kashmiri pandiths get their property back.what is the present govt. Is doinng for the eviction of this property.

  2. After all these faulty laws,what about the immovable property of migrant of J&K which had been grabed by some people by force in J&K.when would these migrant iether they may be muslims or kashmiri pandiths get their property back.what is the present govt. Is doinng for the eviction of this property.

  3. Afshana…….u guys have been deprived of right to protest, becoz u guys throw stones on the name of protest.

  4. Kashmiris are citizen of India and they should support policy of Indian government being Indian or else they are free to go to Pakistan and face the wrath of corona and hunger there i think when some one feed you nurish you like a mother do to a child you become loyal to it and not like people who kicked out Kasmiri pandits and take their home and land, native of kashmir gave jobs and livelihood to people who came from Pakistan or pok in return they lost every thing. This law will make kashmir like rest of India and so called intruders jamat will no longer oppress people of minority like you people are doing in Pakistan or in late 90’s in Kashmir or other parts of world. You people have nothing special you also take the same food and same breath of air so why you should you be treated special “the honeymoon is over now comes the real pain” compete like every one else do in this country.

  5. It is not a good step takan for central government for j&k people
    Already j&k people suffer lot of problems in hundred of year that is,
    1. Topography
    2. International conflict
    3. Kashmir crisis
    4 lack of infrastructure in educational institutions
    5. Religiomlin
    Because I requested to govt. Of India

    • You are citizen of India and you should support policy of Indian government being Indian or else go to Pakistan and face the wrath of corona and hunger their i think when some one feed you nurish you like a mother do to a child you become loyal to it and not like you who kick out Kasmiri pandits and take their home and land, who gave you jobs livelihood when you came from Pakistan or pok. This law will make kashmir like rest of India and your jamat will no longer oppress people of minority like you people are doing in Pakistan or in late 90’s in Kashmir or other parts of world. You people have nothing special you also take the same food and same breath of air so why you should you be treated special the honeymoon is over now comes the real pain compete like every one else do in this country.

  6. World is fighting covid19 and Indian government is passing domicile law. What a joke this is?…. The government has deprived us off even the “Right to protest”… Rip #Indian democracy

  7. Ashish sharma who has commited above is little more then his words

    Ur saying is true
    Last couple of years from 2008 almost everywhere in j and k the situation were very tuff we the people are not so developed to compete the states which were preparing for exams where Kashmiri students were almost at homes from coouple of year but our prime minister shru Modi is not looking at we the people
    So don’t do unjests with us,

  8. Ashish sharma

    Ur saying is true
    Last couple of years from 2008 almost everywhere in j and k the situation were very tuff we the people are not so developed to compete the states which were preparing for exams where Kashmiri students were almost at homes from coouple of year but our prime minister shru Modi is not looking at we the people
    So don’t do unjests with us,

  9. People of kashmir will resent the invision of their country and betrayal of promises that were made under the treaty of accession. This demographic invasion will lead to a war that will kill more people than what happened at time of partition. This government is simply expanding its wings of oppression and unfortunately masses in India have chosen to believe in its balantent lies. Please come and see with your own eyes, kashmir is burning and Modi is pouring oil over it.

  10. It is not a good step takan for central government for j&k people
    Already j&k people suffer lot of problems in hundred of year that is,
    1. Topography
    2. International conflict
    3. Kashmir crisis
    4 lack of infrastructure in educational institutions
    5. Religiomlin
    Because I requested to govt. Of India to return this domicile act plzz plzz plzzz

  11. This is not only good decision it is also a god decision l just want to say that when Jammu and Kashmir peoples doing jobs out from ther states so can they are not grabbed jobs of other people’s who lives there so please don’t give bad excuses for this do work hard don’t show that you are beggars
    I
    And if other state people’s dont have jobs in jammu so why our state people’s go other states for job and our prime minister sh Modi ji have to band jobs for Jammu and Kashmir people rest of all india and other country so then our people known the meaning of article 370

  12. Jnk people has not given 4g for 1 yr they havnt recieved education from 10 yrs … Strikes ..crufue nd shutdown from last 5 yrs. … Nd now govt want jnk people to compete with people with high quality education …..high school qaulity … In jobs …

    I just want to ask one thing … What did jnk want …anyone asked…?

  13. It is high time for the State/UT of J&K to recommend Kashmiri Migrants INTERNALLY DISPLACED PERSONS and give them compensation for forceful exodus for 30 years still continuing. Central Government may also pave way for the same as humanity demands right to compensation. Hope a favourable action.

  14. I think the the online media and media in general should be very vigilant of the language and the words being used in their articles. Words such as ” stripped off article 370 ” has a negative connotation and can lead to a feeling of something being deprived. Similarly the word ” Special Status ” has led to so many Kashmiris believing they they were given something special and extra but actually they were being deprived of so many things. I have nothing against the article as such which is very informative but please think of a Kashmiri youngster reading this article and they fist thing he will think is ” This bloody govt tool away our privilege “

  15. I think the the online media and media in general should be very vigilant of the language and the words being used in their articles. Words such as ” stripped off article 370 ” has a negative connotation and can lead to a feeling of something being deprived. Similarly the word ” Special Status ” has led to so many Kashmiris believing they they were given something special and extra but actually they were being deprived of so many things. I have nothing against the article as such which is very informative but please think of a Kashmiri youngster reading this article and they fist thing he will think is ” This bloody govt tool away our privilege “

  16. Job opportunities are very very limited. Now outsiders grabbed jobs in J & K government jobs makes locals jobless rate will increase.

    • क्यों भाई आप J&K वालो में काबिलियत नहीं है क्या सरकारी नौकरी लेने की।

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