Centre defines J&K domicile rules-THE HINDU-02-04-2020


The Union government has issued a notification defining “domiciles” in the new Union Territory of Jammu and Kashmir for protecting jobs in the Group D category and entry-level non-gazetted posts for the domiciles.

No pension benefits to ex-CMs:

The notification scraps all pension benefits such as car, driver, accommodation, phones, electricity, medical facilities and rent-free accommodation to former J&K Chief Ministers. The order says the domiciles will be eligible “for the purposes of appointment to any post carrying a pay scale of not more than Level 4.

The two revoked constitutional provisions -Article 370 and Article 35A, let the legislature decide the “permanent residents”, prohibiting a non-J&K resident from buying property there and ensuring job reservation for its residents. On Tuesday, the MHA issued the Jammu and Kashmir Reorganisation Order, 2020, through which it amended 109 laws and repealed 29 laws of the erstwhile State and inserted “domicile” clause in the Jammu and Kashmir Civil Services . Under the 2010 Act, the clause for “permanent resident of the State” has been substituted by “Domicile” of the UT. Only permanent residents of J&K were eligible to apply for the gazetted and non-gazetted posts.

The amendment allows non-domiciles also to apply to these posts. officials, All India Services, PSUs, autonomous body of Centre, Public Sector Banks, officials of statutory bodies, Central Universities, recognised research institutes of Centre who have served in J&K for a total period of 10 years” will be domiciles. The domicile status applies to “children of such residents of J&K who reside outside J&K in connection with their employment or business or other professional or vocational reasons but their parents should fulfil any of the conditions provided”. Another official said, “All posts that are up to the rank of junior assistant and below are open only to domiciles, the entire non-gazetted services has been reserved.

Changes to PSA:

It changes the criteria for appointing the PSA advisory board on the recommendation of a search committee headed by the Chief Secretary instead of the Chief Justice of the J&K High Court. It also bars sitting High Court judges to be made part of the board without the Chief justice's consultation. There are 12 States, including Himachal Pradesh, where provisions of special status under Article 371 apply. After J&K was made a UT, several groups in Jammu expressed concern over losing special status and apprehended losing land and jobs to outsiders.

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