Time-frame to be fixed for verification process
* Existing PRCs to become irrelevant documents
Mohinder Verma
JAMMU, May 3: Govern-ment of Union Territory of Jammu and Kashmir will shortly notify the rules as well as the procedure for issuance of domicile certificate as a detailed exercise in this regard is in the final stages of completion in the Department of Law, Justice and Parliamentary Affairs.
The exercise is being conducted in the light of the provisions contained in the Jammu and Kashmir Reorganization (Adaptation of State Laws), 2020 order, which was issued by the Union Ministry of Home Affairs on March 31, 2020.
On the directions of the Lieutenant Governor Girish Chandra Murmu and Chief Secretary BVR Subrahmanyam, the Department of Law, Justice and Parliamentary Affairs had initiated the exercise of framing rules, defining procedure and notifying competent authority soon after the issuance of order by the Ministry of Home Affairs, official sources told EXCELSIOR.
“The exercise is in the final stages of completion and hopefully during the next one week the rules and procedure will be formally notified so as to facilitate the people in approaching the competent authorities for receiving this vital document”, sources informed.
In the MHA order, it was mentioned that Tehsildar within his territorial jurisdiction shall be the competent authority for the issuance of domicile certificate. However, the Government of J&K Union Territory has decided to exercise the powers vested under the proviso inserted in Section 3 of the Jammu and Kashmir Civil Services (Decentralization and Recruit-ment) Act.
This proviso read: “The Government of Union Territory of Jammu and Kashmir may notify any other officer to be competent authority for the issuance of domicile certificate”.
“The Government will not restrict the power of issuance of domicile certificate to the Tehsildar only and nominate more officers at the district and sub-district level so as to facilitate the people in getting the vital document without any difficulty”, sources said, adding even powers to issue Permanent Resident Certificate in the erstwhile State of Jammu and Kashmir were vested on a number of officers for the convenience of the people.
Any person aggrieved by the order of the competent authority will have the option of filing appeal before the concerned Deputy Commissioner, who shall decide appeal providing an opportunity of being heard to the parties within a period of 60 days, sources said.
In the rules and procedure, the Government will mention the documents which are required to be produced by the people at the time of approaching the competent authority for issuance of domicile certificate and time-frame will be fixed for the competent authority for completion of verification of documents as well as issuance of domicile certificate.
“Unlike in the case of Permanent Resident Certificate, the Government will try to seek minimum possible documents from the applicants for the issuance of domicile certificate”, sources further informed.
Following notification of rules and procedure, the Government will either issue fresh SRO under the Jammu and Kashmir Public Services Guarantee Act mentioning the time-frame for issuance of domicile certificate or carry out amendments in the SRO-224 dated July 21, 2011 to replace words “State Subject Certificate (PRC)” with “domicile certificate”.
It is pertinent to mention here that vide SRO-224 the then Government had included issuance of PRC in the list of services belonging to Revenue Department and covered under the Jammu and Kashmir Public Services Guarantee Act. For issuance of PRCs there was stipulated time-frame of 30 days and it is expected that the same time-frame will be fixed for the issuance of domicile certificate.
“A discussion is going on in the administration to decide the fate of the applications pending with the competent authorities for issuance of PRCs”, sources said, adding “while notifying the rules and procedure, the Government will also reveal whether such applicants will have to move fresh applications or the same would be considered for issuance of domicile certificate”.
“All the existing Permanent Resident Certificates will become irrelevant documents and each and every person, who is entitled to get domicile certificate as per the laid down conditions, will have to approach the concerned competent authority”, sources further said.
As per the Jammu and Kashmir Reorganization (Adaptation of State Laws) Order, 2020, any person who has resided for a period of 15 years in the Union Territory of Jammu and Kashmir or has studied for a period of seven years and appeared in Class 10th/12th examination in an educational institution located in the Union Territory of Jammu and Kashmir; or who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the Union Territory of Jammu and Kashmir are eligible for domicile certificate.
Moreover, children of those Central Government officials, All India Services officers, officials of Public Sector Undertaking and Autonomous Body of Central Government, Public Sector Banks, officials of Statutory bodies, officials of Central Universities and recognised Research Institutes of Central Government who have served in Jammu and Kashmir for a total period of 10 years or children of such residents of Union Territory 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 fulfil any of the conditions are also eligible for domicile certificate.
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