Centre amends domicile rules for J&K, makes everyone living in UT for 15 years eligible

The Union government on Tuesday notified new rules defining domicile for the Union Territory of Jammu and Kashmir, saying any person residing in Jammu and Kashmir for 15 years is now eleigible for domicile. The Union government also said that children of officials working in Jammu and Kashmir for minimum 10 years and migrants who fulfill the stated conditions will also be eligible for domicile.

Centre amends domicile rules for J&K, makes everyone living in UT for 15 years eligible

The Union government on Tuesday notified new rules defining domicile for the Union Territory of Jammu and Kashmir, saying any person residing in Jammu and Kashmir for 15 years is now eleigible for domicile. The Union government also said that children of officials working in Jammu and Kashmir for minimum 10 years and migrants who fulfill the stated conditions will also be eligible for domicile.

The Union government has amended the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act of 2010, the gazette notification, J&K Reorganisation (Adaptation of State Laws) Order 2020, introduced section 3A to make the new changes.

The order passed by Union government on Tuesdau said that domicile will be given to any person "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.”

The new notification also gives domicile rights to children of officials working in the new Union Territory.

“Children of those central government officials, all India services officers, officials of PSUs and autonomous body of central government, public sector banks, officials of statutory bodies, officials of central universities and recognised research institutes of central government who have served in Jammu and Kashmir for a total period of ten years or children on parents who fulfil any of the conditions in sections,” the order said.

It is to be noted that Article 370, which granted special status to erstwhile state of Jammu and Kashmir, gave the state assembly the power to define a permanent resident who in turn enjoyed domicile rights. It may be recalled that Article 370 was abrogated by the Centre on August 5, 2019.

Migrants registered with the Relief and Rehabilitation Commissioner (Migrants) in Jammu and Kashmir and whose parents fulfill the criteria, will also be eligible under the new law. “Children of such residents of J&K as reside outside UT of J&K in connection with their employment or business or other professional or vocational reasons” will be eligible says the notification.