A Look through the mist: Other UTs do have some Domicile laws but there people & needs are much different than UT of J&K & UT of Ladakh

 

After the passage of THE JAMMU AND KASHMIR REORGANISATION ACT, 2019 NO. 34 OF 2019 [9th August 2019], an Act to provide for the reorganisation of the existing State of Jammu and Kashmir into 2 Union Territories (UTs) i.e. UT of J&K and UT of Ladakh, when S.O 1229 of 31-03- 2020 was issue by Ministry of Home Affairs GOI so as to lay down the definition of Domicile of UT of J&K and reservations of in government jobs (upto a particular level only) for the Domicile of UT of J&K dis satisfactions were aired by some people.

Among other questions there were also some observations on the three “ time durations”  mentioned for three categories of people to qualify for Domicile. But the main objections were on the text of the Domicile Definition as regards stay in the UT of J&K and reservations of jobs in the services under the UT of J&K only upto a particular grade level (though 100 % jobs l ).Any how the Government issued another order S.O 1245 (E ) on 03-04-2020 just with in 2 days to order reservation of 100% jobs of all levels under the Administration of UT of J&K for the Domiciles of UT only without making any change in the definition of Domicile. Some have alleged that such major change was done ‘so’ promptly under the pressure of some leaders from Kashmir Valley. But no any meaningful amendment in the Definition of Domicile was done to address the objections from the erstwhile Permanent Residents / State subjects of J&K and in some text of the definition as mentioned in sub- section 3A (1) of the section added after Section -3 in The Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010 XVI of 2010 by S.O 1229 (E) of 31-03-2019.

Even upto 15-05-2020 no meaningful change has been made in the language of the text that in a way mentions period of stay / residence for counting from the date one has been staying in the UT of J&K ( Section 3A-1a : who has resided for a period of fifteen years in the Union territory of Jammu and Kashmir :repeat UT of J&K came into existence only on 31-10-2019; and like ). Ofcourse so far no any order laying definition of domicile / job reservations has been made by GOI as regards the UT of Ladakh.

Where as on date there is no any requirement of Domicile or permanent residence certificate for any purpose including jobs in Government service in terms of Act 34 of 2019 THE JAMMU AND KASHMIR REORGANISATION ACT, 2019 NO. 34 OF 2019 [9th August, 2019 in the UT of Ladakh after issue of  S.O 3912 ( E) 30-10-2019 Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019 issued by order of the President of India under Section-103 of The Reorganisation of Jammu and Kashmir Act 34 of parliament which on page-7 said < “ WHEREAS, there are references in the State laws that have been applied to the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh to the expressions ‘permanent residents’ or ‘hereditary state subjects’ and after application of all the provisions of the Constitution to the existing State of Jammu and Kashmir, these references are required to be omitted and hence Section- 12 of the S.O 3912 30-10-2019 accordingly says < “ In the Acts including Governor’s Acts contained in TABLE - 4 of the Fifth Schedule to this Act or notifications issued or rules, orders, made thereunder, any reference, by whatever form to the “permanent residents of the State or hereditary State subject”, wherever they occur, shall be omitted with necessary grammatical variations.”.

But now since as regards the UT of J&K requirement and definition of Domicile has been initiated under S.O 1229 0f 31-03-2020 read with S.O.( E ) 1245 of -03-04-2020 ( was issued in response to demands for 100 % reservation of the jobs under UT of J&K for the Domiciles of UT only) there is every likely hood that the said requirement of Domicile will also be extended to owning of immovable properties/ lands in UT of J&K, and ofcourse for educational institutions although by now no such order has been issued relating Domicile to owning lands/ property and reservation for Domicile in educational institutions located in the UT of J&K. Ofcourse the same could also be expected for Ladakh on the lines of J&K. So, there is utmost need for recasting the definition of the Domicile of UT of J&K to avoid any complications and undue stresses for the residents of erstwhile state of J&K for which even writer too has presented some drafts for issuing amendments to domicile definition. In other UTs there are no absolute needs like that of Domicile for owning immovable property.

No doubt there are direct or indirect /rules and requirements for Domicile in other UTs of India also. For example as per revenue department of NCT Delhi where domicile is needed for some reserved seats educational institutions and some other local benefits a proof of continuous stay in Delhi for the last 3 years, such as education certificate, electricity bill, House tax, water bill etc. is needed. But the status of other UTs ( UT of Chandigarh, UT of National Capital Territory of Delhi with a Legislative Assembly and 3 MPs Rajay Sabha and Administrator named as Lt. Governor ; UT of Lakshdeep; UT of Puducherry with Legislative Assembly and 1 MP Rajay Sabha and Administrator named as Lt. Governor ; UT of Dadra & Nagar Haveli and Domicile Daman & Diu [ Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019 (44 of 2019) with 26 Jan 2020 as appointed day ]; UT of Andeman & Nicobar with Administrator named Lt. Governor ) and the requirement there are much different than the two UTs of J&K and Ladakh particularly for the reasons of (i) people of UT of J&K and people of UT of Ladakh were earlier having status of a State (ii) nearly in all other UTs the requirement of Domicile is mostly for the purposes of admissions ( not 100%) in local educational institutions and in few cases for some % of local jobs for the domicile (iii) keeping in view that the requirement of Domicile had to be modified to 100% jobs for domicile of UT of J&K only just after 2 days of drawing the definition & requirement for Domicile there is every likely hood that domicile requirement will be also named for immovable properties / lands which to my information is not so in other UTs as was laid there in J&K State Acts like 2. The Jammu and Kashmir Agrarian Reforms Act, 1976 XVII of 1976

 3. Agriculturists' Relief Act, Svt. 1983 I of Svt. 1983 4. The Jammu and Kashmir Government Aid to Agriculturists and Land Improvement VII of Svt. 1993 Act, Svt. 199310. The Jammu and Kashmir Big Landed Estates Abolition Act, Svt. 2007 XVII of Svt. 200723. The Jammu and Kashmir Common Lands (Regulation) Act, 1956 XXIV of 1956

24. The Jammu and Kashmir Consolidation of Holdings Act, 1962 V of 1962 25. The Jammu and Kashmir Control of Building Operations Act, 1988 XV of 1988 26. The Jammu and Kashmir Cooperative Societies Act, 1989. X of 1989 27. The Jammu and Kashmir Debtors Relief Act, 1976 XV of 1976 37. The Jammu and Kashmir State Evacuees (Administration of Property) Act, VI of Svt. 2006 Samvat 2006 (1949 A.D). 58. The Jammu and Kashmir Housing Board Act, 1976. VII of 1976 69. The Jammu and Kashmir Land Grants Act, 1960. XXXVIII of 1960

70. The Jammu and Kashmir Land Improvement Schemes Act, 1972. XXIV of 1972 71. The Jammu and Kashmir Land Revenue Act, Svt. 1996. XII of Svt. 1996 78. The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection XVI of 1997 and Restraint on Distress Sales) Act, 1997. 79. The Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997. XVII of 1997 105. The Jammu and Kashmir Prevention of Fragmentation of Agricultural Holdings XXV of 1960 Act, 1960. 113. The Jammu and Kashmir Prohibition on Conversion of Land and Alienation of VIII of 1975 Orchards Act, 1975 and may require/ may be demanded by people some reference of domicile although mention of PRC/ HSB/SB has been deleted . (iv) as regards the Domicile so far the conditions are not that hard in other UTs except that one can be domicile of only one state/ UT where as in case the requirement of Domicile is extended to immovable property ownership that may need some special modifications for UTs of J&K and Ladakh since there could be some erstwhile permanent residents / state subjects of J&K State who may be already having immovable properties in the areas now falling in UT of J&K as well as U T of Ladakh, ofcourse as regards jobs there may not be much problem (v) more so Hon’ble Prime Minister Sh. Narendra Modi ji, Adarniye Sh. Raj Nath Singh ji Defence Minister as well as Sh. Amit Shah Ji Home Minister have repeatedly said that the status of the Indian State of J&K, with the circumstances in hand, had to be changed for the time being to two Union Territories in greater national interest and may be in near future the statehood could be restored and (vi) and the like that could be discussed in detail later………………………………   

Surely some thing rational and matching the local requirements is expected to be there in coming times .   

(Daya Sagar is a Sr Journalist / Analyst Jammu & Kashmir Affairs [email protected] 9419796096)