Jun 19, 2024

Domicile Law : Centre reserves civil servant jobs in Jammu and Kashmir for residents

In a welcome development for the residents of Jammu and Kashmir, the Centre has issued an order declaring that all civil servant jobs in the newly created Union Territory will be reserved for its residents. The government has done this by changing the Jammuย and Kashmir domicile rules. Ministry of Home Affairs announced it through a Gazette notification making changes in the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010. As per the order, the civil servant will be a “domicile of Union territory of Jammu and Kashmir”.

“In exercise of the powers conferred by section 96 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) and of all other powers enabling it on that behalf, the Central Government hereby makes the order in respect of the Union Territory of Jammu and Kashmir,” the order mentions. This order may be called the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Second Order, 2020, the notification said, adding the order shall come into force with immediate effect.

The General Clauses Act, 1897 applies for the interpretation of this order as it applies for the interpretation of laws in force in the territory of India.

“With immediate effect, the Act mentioned in the schedule to this order shall, until repealed or amended by a competent legislature or other competent authority, have effect, subject to the adaptations and modifications directed by the schedule to this order,” the notification mentioned.

This was the second change in the Jammu and Kashmir domicile rule. The Narendra Modi government in a similar notification on April 1 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.

According to the notification, anyone who has resided in Jammu and Kashmir 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.

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