MHA orders adaptation of state laws of J-K, jobs to be reserved for "domicile"

The Ministry of Home Affairs on Wednesday ordered adaptation of Jammu and Kashmir state laws to be called as Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020. It shall come into force with immediate effect.

Out of 138 state laws, 25 have been repealed as whole while other laws have been adopted with substitutes.

"In exercise of the powers conferred by section 96 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), and of all other powers enabling it in that behalf, the Central Government hereby makes the following Order in respect of the Union territory of Jammu and Kashmir. This Order may be called the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020. It shall come into force with immediate effect," Home Ministry said in its order.

According to the notification, Jammu and Kashmir State Aid to Industries Act, Jammu and Kashmir Civic Laws Act, Jammu and Kashmir Civil Services Act, Jammu and Kashmir Deputy Ministers Salaries and Allowances Act, Jammu and Kashmir State Emergency Relief Fund Act etc have been repealed.

Union Home Ministry has also adopted Jammu and Kashmir civil services (decentralization and recruitment) Act.

According to the notification, MHA has added "domicile" clause in the Jammu and Kashmir Civil Services (Decentralisation and Recruitment Act). Jobs will be reserved under domicile for only who fulfill the requirements of"Domicile".

"Any person who fulfils the following conditions shall be deemed to be a domicile of the Union territory of Jammu and Kashmir for the purposes of appointment to any post carrying a pay scale of not more than Level-4 (25500) under the Union territory of Jammu and Kashmir or under a local or other authority (other than cantonment board) within the Union territory of Jammu and Kashmir," notification says.

Domicile has been defined as "who has resided for a period of fifteen 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.