Domicile Law for Land soon, likely to have 4 categories
Land, Job Rules for Ladakh UT to be issued shortly
Sanjeev Pargal
JAMMU, Apr 1: Delivering a crippling blow to the educated youth of Jammu and Kashmir, the Union Ministry of Home Affairs (MHA) today finalized Domicile Law for the purpose of recruitment leaving only Level-4 posts i.e. the Junior Assistants, constables, peons and equivalent reserved for domiciles of the Union Territory and opening all other Gazetted and non-Gazetted posts of J&K for all youth of the country.
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The MHA issued Domicile Law for recruitment today and is expected to come out with similar law on land in next few days, official sources told the Excelsior saying in Domicile Law for Land, the Centre has made four categories including industrial, residential, commercial and agricultural.
For purchasing land for industry, there is likely to be no bar in the Union Territory of Jammu and Kashmir except for fulfilling conditions laid down by the UT Government while the industrialists will also be allowed to set up colonies for their workers without any pre-condition.
“There is likely to be complete bar on purchase of agricultural land except by the domiciles while for purchase of land for the residential purpose, the MHA is likely to impose condition of minimum 15 years as domicile. However, all Central Government officers including IAS/IPS will be exempted from any conditions and allowed to purchase land,” sources said.
Condition for purchase of land for commercial purposes like construction of flats etc are being worked out and will be out in the next few days, sources said.
As far as the Union Territory of Ladakh is concerned, sources said, the Ministry of Home Affairs will issue separate domicile laws for land and jobs for the UT shortly as majority of population there was Scheduled Tribe. The domicile laws for the UT of Ladakh are in the final stage of finalization and are likely to be released in the next few days.
However, within minutes of the release of Domicile Law for jobs in the Union Territory of Jammu and Kashmir by the Union Home Ministry, the unemployed youth vent their feelings on social media describing the law as “draconian” which will spoil their career as youths from all States and UTs of the country will be eligible to compete for almost 90 percent posts in the Union Territory now.
“We can’t compete with the youth of many States which have far better and developed educational infrastructure including coaching facilities. This way, majority of posts will go to youth from outside Jammu and Kashmir and local will be left unemployed,” a number of youth, who rang up the Excelsior officer to oppose the new Domicile Law, said.
They said they were happy when Jammu and Kashmir was converted into a Union Territory and its special status were withdrawn as they hoped that Narendra Modi led Government at the Centre will take care of unemployed youth of J&K and they will be able to get jobs.
“Now it seems, we are never going to get any job here,” they said and called upon the Central Government to immediately review the Domicile Law and reserve at least 90 percent posts in all categories for the locals of Jammu and Kashmir. Otherwise, they said, they will start indefinite gherao of the BJP offices all across the Union Territory.
The MHA today issued a gazette notification announcing a slew of amendments to 138 Acts of Jammu and Kashmir that included protecting jobs up to Group-4 for only those who are domiciles of the Union Territory.
The notification said among the laws amended is the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act.
The Government has inserted a clause for domicile category under which a person has to stay in the Union Territory for a period of 15 years. Children of All-India Services personnel who have served here for 10 years also come under the category.
As per the law, no person shall be eligible for appointment to a post carrying a pay scale of not more than Group-4 (Rs 25,500) unless he is a domicile of the Union Territory of Jammu and Kashmir.
Group-4 is equivalent to the rank of constable in police parlance, Junior Assistant and Peon etc in the civil departments.
According to the procedure, anyone who has resided for 15 years in Jammu and Kashmir or has studied for seven years and appeared in Class 10 and Class 12 examinations in an educational institution located in the Union Territory is a domicile.
“Anyone who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) will also be deemed to be a domicile,” the law stated.
The others who can be deemed to be a domicile include children of those Central Government officials, All- India Services officers, officials of Public Sector Undertakings and autonomous bodies of the Central Government, Public Sector Banks, officials of statutory bodies, Central University officials and those of recognized research institutes of the Central Government who have served in Jammu and Kashmir for 10 years.
“Children of those who fulfill any of the conditions or children of such residents of Jammu and Kashmir as reside outside Union Territory in connection with their employment or business or other professional or vocational reasons but their parents fulfill any of the conditions provided in sub-section, will be treated as domiciles,” the notification said.
Tehsildar will be the competent authority to issue domicile certificate within his territorial jurisdiction unless the Government of Union Territory of Jammu and Kashmir may notify any other officer to be Competent Authority for issuance of domicile certificate.
As many as 28 of the 138 Acts have been repealed as the Government laid down a procedure for being a domicile of the Union Territory, which came into existence on October 31, 2019, after the Centre abrogated special status to the erstwhile State and bifurcated it into UTs of Jammu and Kashmir, and Ladakh.
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