Those living for 15 years, kin of Central officials entitled
*Justice to all, says Dr Jitendra
Sanjeev Pargal
JAMMU, May 18: In the Domicile Rules issued today, the Jammu and Kashmir Government has made all left-out PoK refugee families who had settled outside J&K after migration in 1947 during partition and Kashmiri Pandit migrants residing in different parts of the country, eligible for domicile certificates of the Union Territory.
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Significantly, children of all Central Government officials and All India Services Officers who have served in J&K for total period of 10 years will also be treated as domiciles of J&K.
The Domicile Rules were released by the J&K Government official spokesman and Principal Secretary Power Development Department Rohit Kansal at a press conference this evening.
Official sources told the Excelsior that nearly 5300 families from PoK who had settled in States other than Jammu and Kashmir after partition will be treated as domiciles of Jammu and Kashmir.
As per the official figures of Government of India, about 32,000 families had migrated from Pak occupied area of Jammu Kashmir to this part of the country following Pakistani aggression in 1947. Among these displaced people, 22,700 families were settled on agricultural land in Jammu region and 3,600 families in urban areas of J&K, mostly in Jammu, Udhampur and Nowshera.
However, 5300 such families were settled in other parts of the country and have been residing there since decades. Even as members of these families were eligible for the Permanent State Subject (PRC) for their members for being original inhabitants of J&K, they never applied for the same as no such requirement was ever felt by them.
All these families can now apply for domicile certificate in Jammu and Kashmir as per the due procedure mentioned in the Rules.
The Kashmiri Pandits who had left Jammu and Kashmir and were residing in other parts of country will also be eligible for domicile of the Union Territory.
Apart from migrants registered with Relief and Rehabilitation Commissioner (Migrants) in J&K, the Government has ordered that other bonafide persons, displaced persons or migrants and their descendants who are not registered with the Commissioner in the UT and may have been left out for variety of reasons such as being outside J&K, not having been able to register in the past or being registered as migrants with Government elsewhere due to circumstances beyond their control, can register themselves for the purpose of getting domicile certificate only, the Government order said.
“The Relief and Rehabilitation Commissioner (Migrant), Jammu and Kashmir, will be the competent authority for the purpose of registration of displaced persons besides Kashmiri migrants for the purpose of issuance of domicile certificates,’’ the order said and listed seven documents, any of which will make them eligible for domicile certificates.
The Kashmiri migrants already registered with the Relief and Rehabilitation Commissioner (Migrant) for relief or non-relief purposes are not required to register again for issuance of domicile certificates. Others have been given opportunity of registration for the purpose of domicile certificate for a period of one year.
Reacting to the domicile rules, Union Minister of State in the Prime Minister’s Office (PMO), Dr Jitendra Singh tweeted: “Based on the principle of ‘justice to all’, hope this notification (domiciles rules), will clear all the misgivings that had been going around for a while.”
Those who will be eligible for being domiciles of Jammu and Kashmir included Permanent Resident Certificate (PRC) holders, children of persons possessing PRC, those who have resided for a period of 15 years in the UT of J&K, children of a person who has resided for a period of 15 years in the UT of J&K, a person who has studied for a period of seven years and appeared in Classes 10th and 12th examination in an educational institution located in the UT, Migrants, children of migrants, children of Central Government officials, All India Service Officers, officials of Public Sector Undertakings, Autonomous Bodies of Central Government, Public Sector Banks, officials of statutory bodies, officials of Central Universities and recognized Research Institutes of Central Government who shall have served in J&K for a total period of 10 years and children of such residents of UT of J&K residing outside UT in connection with their employment or business or other professional or vocational reasons.
Others who have become eligible for domiciles of Jammu and Kashmir included West Pakistan refugees, who were not allowed the benefit of Government jobs earlier. They were part of Parliamentary electoral roll but not erstwhile State electoral roll. They will now be covered under the 15 year residence rule or their children under the 7 year/Class 10th and 12th rule. The safai karamcharis will also be eligible for domiciles under the similar categories.
Women (erstwhile) resident married to non residents were also not eligible so far and will now be entitled under the PRC/Children/Residency Rules.
Any person who has resided in Jammu and Kashmir for a period of 15 years or has studied for seven years and appeared in Class 10th/12th examinations in an educational institution located in the Union Territory or who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in J&K as per procedure prescribed by Government for migrants and displaced persons will be eligible for domicile certificates in Jammu and Kashmir.
“Any person who is a child of such resident of Union Territory of J&K who resides outside the UT in connection with their employment of business or other professional or vocational reasons but whose parents fulfill any of the conditions like having resided for a period of 15 years in the UT or studied for seven years and appeared in 10th and 12th examinations or who is registered as a migrant will also be eligible for being domicile of J&K,’’ the order said.
The rules provide a time bound procedure for the issuance of the domicle certificate so that no one is put to any inconvenience. There shall be a timeline of 15 days for issuance of the certificate after which the applicant shall be free to approach an Appellate Authority.
The decision of the Appellate Authority shall be binding upon the issuing authority and the orders of the Appellate Authority are to be complied within seven days, failing which the defaulting officer shall be liable for a penalty of Rs 50,000 out of his salary. The appellate Authorities will also have revisional powers. They can either suo moto or on through an application made, call for records, check the legality of any proceedings and pass appropriate orders in reference, the Government order said.
The rules have a provision that applications for grant of domicile certificate can be submitted either physically or electronically online. The competent authority can also issue domicile certificate(s) electronically.
Permanent Residents of the erstwhile State of J&K in whose favour Permanent Resident Certificate (PRC) has been issued by the competent authority before 31.10.2019 shall be eligible for receiving their domicile certificates on the basis of PRCs alone and no other additional document shall be required for such residents.
Kashmiri migrants can get the domicile certificate on production of either a PRC or Certificate of registration of migrant. Further there may be bonafide migrants and bonafide displaced persons who have migrated but have not registered with the Relief department. In order to facilitate such persons, the Relief Department shall be making a special limited provision to apply before the Relief & Rehabilitation Commissioner (Migrant), for registration for the purpose of issuance of a domicile certificate only, with any one of the many documents, such as 1951/1988 electoral roll, proof of employment, ownership of property, proof of registration in other States/UTs as a migrant or a displaced person or any other documentation which would have made him/her eligible for grant of PRC before 06-08-2019.
Excelsior, it may be mentioned, had exclusively reported in November last year that Jammu and Kashmir will have Domicile Law after abrogation of special Constitutional provisions of J&K and its bifurcation into two Union Territories of J&K and Ladakh in which kin of Central Government and All India Service employees will be eligible for domicile.
It has also exclusively reported on May 4 that Government will shortly notify rules for issuance of domicile certificate with fixed timelines and Appelate Authority
The Government has also constituted a Committee to accelerate recruitment to Government vacancies and ensure transparency, inclusiveness and speed and that the committee has been asked to identify the vacancies for being filled up on immediate basis with priority to Class IV vacancies. The Committee will also ensure that necessary sanctions are obtained, rules are notified and any hitches in the recruitment process are removed.
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