Rules to issue Domicile Certificate in Jammu and Kashmir issued

On May 18, 2020, the Jammu and Kashmir Administration issued rules to provide domicile certificates. The “J&K Grant of Domicile Certificate (Procedure) rules 2020” has been provided through an amendment of the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act, 2010.

Highlights

• The rules have included extraordinary penalty of Rs 50,000 to the competitive authority in case the issuing of domicile certificate is delayed. 
• The penalty will be imposed by the appellate authority and will be recovered from the salary of the competent authority. 
• The domicile should be provided within 7 days of the application.

Background

• On March 31, 2020, the Government of India issued Jammu and Kashmir Reorganization (Adaptation of State Laws) order, 2020. 
• According to the order, the domicile of a person is defined as
• “A person who has resided in the Union Territory of Jammu and Kashmir for a period of 15 years or has studied in the UT for a period of 15 years and appeared in Class 10 or 12 examination in an educational institution of J&K”
• is considered to be a domicile of J&K.

Impacts

• Due to the order, the West Pakistan Refugees and children of the women married outside J&K and Safai Karamcharis are now eligible to obtain domicile status.