New domicile rule for J&K, includes those who have lived in UT for 15 years

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A person residing in Jammu and Kashmir for at least fifteen years will now be eligible to be a domicile of the union territory, according to the new rule issued by the Centre Tuesday.

In the latest gazette notification, Section 3A of the J&K Reorganisation (Adaptation of State Laws) Order 2020, under the J&K civil services (decentralisation and recruitment) Act, has been introduced to define domicile as that “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.”

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Before August 5, Article 35 A of the Constitution of India (now abrogated) empowered J&K assembly to define a J&K resident, who alone were eligible to apply for jobs or own immovable property.

The definition within the gazette expands to include “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.”

Additionally, persons registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the UT of J&K, will also be included in the definition. “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” but. their parents fulfil any of the conditions provided earlier.