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J&K notifies rules for domicile certificate: Rs 50,000 penalty for delay in issuance of certificates

The domicile certificate will be granted to the eligible individuals based on the documents submitted by them and after an enquiry by the competent authority.

May 20, 2020 12:14 IST
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The Jammu and Kashmir administration issued a notification on May 18, 2020 defining the rules for the issuance of domicile certificates in the Union territory. The rules prescribe a procedure for the issuance of domicile certificates. 

The ‘J&K Grant of Domicile Certificate (Procedure) Rules 2020’ include a penalty clause, as per which the appellate authority can recover Rs 50,000 from the salary of the competent authority if there is any delay in issuing of the certificates beyond the specified time of 7 days. 

The rules will provide a basis for the issuance of domicile certificates to those who meet the new conditions of domicile, as stated in the Centre’s gazette notification that introduced Section 3A of the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order 2020 under J&K Civil Services (Decentralization and Recruitment) Act to define domicile of the Union Territory.

Also read: Who is a domicile in Jammu and Kashmir?

Objective

The ‘J&K Grant of Domicile Certificate (Procedure) Rules 2020’ provide a simple time-bound and transparent procedure for issuance of domicile certificates.

Key Highlights 

•  The domicile certificate will be granted to the eligible individuals based on the documents submitted by them and after an enquiry by the competent authority.

•  Once the application is processed, the appellate authority will direct the competent authority to issue the domicile certificate within seven days, failing which the competent authority will have to pay the penalty. The domicile certificate will be issued within a total of 15 days. 

•  While the appellate authority can be Relief and Rehabilitation Commissioner, Deputy Commissioner, Secretary GAD and Financial Commissioner Revenue, the competent authority include the tehsildars primarily. 

Significance

Acquiring a domicile certificate is now a basic eligibility condition for appointment to any post under UT of Jammu and Kashmir," Kansal said in a press conference.

Background 

The central government had on March 21, 2020 redefined the domicile rule for Jammu and Kashmir to include all the people who have been residing in the union territory for at least 15 years or who have studied there for seven years and appeared in class 10th/12th examination in an educational institution located in J&K.

Further, the Home Affairs Ministry had on April 1, 2020 ordered the adaptation of the Jammu and Kashmir state laws 2020, under which the state jobs will be reserved for those who fulfil the criteria of being a ‘domicile’ of the union territory.

Now, anyone who is certified as a domicile of the union territory will be eligible for appointment to any post with a pay scale of not more than Level-4 under the UT or any local authority within the territory.

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