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Centre again amends job rules in J&K; all jobs open to “domiciles”

By: Syed Imtiyaz

Srinagar: Barely two days after defining new domicile rules and reserving only low level Class 4th jobs for original residents of Jammu & Kashmir, Ministry of Home Affairs, Govt of India has amended the rules again.

As per the new rules, all posts in government services can now be applied for by only the domiciles of the erstwhile state. However, the clause defining ‘J&K Domiciles’ has been retained, meaning anyone who has resided in J&K for 15 years or has studied in the UT for seven years shall be considered a domicile.

The latest MHA order on the matter.

As per the order, the Department of Jammu and Kashmir and Ladakh Affairs in Ministry of Home Affairs on Friday amended the Jammu and Kashmir Reorganization (adaption of state laws) order 2020, in exercise of the powers conferred by the Section 96 of the Jammu and Kashmir Reorganization Act 2019.

The amended order reads: “This order may be called Jammu and Kashmir Reorganization (adaption of state laws) second order 2020. It shall come into force with immediate effect.”

“With immediate effect, the Act mentioned in the schedule to this order until repealed or amended by the competent legislature or other competent authority, have effect, subject to the adaptations and modifications directed by the scheduled of this order,” reads the order from the Union Home Ministry.

In Jammu and Kashmir Civil Services (Decentralization) and Recruitment Act 2020 following sections were amended: “under section 3A (i) in sub-section (1) omit word “deemed to be” and “Carrying a pay scale of not more than level-4 (25500)” and in sub-section (2) omit “Deemed to be and in clause (a) for “have served” substitute “shall have served”. Section 5A has also been amended:“A post carrying a pay scale of not more than level-4 (25500)” substitute “any post”. In Section 8 before clause (ii) add: “(i) is a domicile of Union Territory of Jammu and Kashmir.”

However, the clause defining J&K domiciles has been retained.

Anyone who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) will also be deemed to be a domicile. 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 recognised research institutes of the central government who have served in Jammu and Kashmir for 10 years.

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