Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020. Rules related to J&K Domicile.

The central government has issued a gazetted notification regarding the Jammu and Kashmir domicile and other conditions and rules  related to application of Central Laws to the newly formed Union Territory of Jammu and Kashmir.
Jammu and Kashmir  Reorganisation (Adaptation of State Laws) Order, 2020, letsupdate, j&k domicile, j&k UT, redifine of J&K state, Centre Redefines J&K Domicile Rule by Issuing Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020


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.

The J&K state enjoys its special status granted under Article 370.  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.

It was bifurcated into two union territories on 5 August last year, and loose its special status.
  • The central government in its latest gazette notification stated that any person who has resided in the Union Territory of J&K for the period of fifteen years or has studied for the period of seven years and appeared in secondary and higher secondary board examination would be considered as domicile of J&K and appointed in the services there.

The new gazette notification issued on March 31st states that , 

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 fulfill the above mentioned criteria even if they do not live in J&K.
 

  • In section 3A of Jammu and Kashmir Reorganisation Order, the Centre has announced that anyone "who has resided for a period of fifteen 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" is now eligible for it, The Indian Express reported. Those registered as migrants and their children will also come under the bracket.
Earlier, Section 35A associated with the abrogated Article 370 had given the legislative assembly of the state the power to define a Jammu and Kashmir resident. 


For gazetted notification click here
source www.pib.gov.in

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