Jammu: In a major new move, the Jammu and Kashmir administration has announced to issue Domicile Certificates to the spouses of the permanent residents of Jammu & Kashmir who are married outside the Union Territory.
Previously, the spouses of those who were married outside of Jammu and Kashmir were ineligible for Domicile Certificates. In the absence of any specific clause for the outside-J&K spouses of permanent resident, government issuing authorities were assuming grant of Domicile Certificates for such spouses to have a 15-year ceiling to be eligible for the same.
However, the Union Cabinet in 2020 had approved the Jammu & Kashmir (Adaptation of State Laws) Second Order, 2020 issued under section 96 of Jammu & Kashmir Reorganisation Act, 2019, amending the earlier order issued for the purpose.
Now with the addition of the new clause under the J&K Grant of Domicile Certificate (Procedure) Rules, 2020, the spouse of a J&K Domicile Certificate holder can get the certificate upon submission of certain documents.
Manoj Kumar Dwivedi Commissioner/Secretary to the Government, General Administration Department, Jammu and Kashmir also confirmed to the news agency KNO that “the new clause in J&K Domicile Rule is for a spouse and not gender specific, which means if a male member of Jammu & Kashmir marries in Rajasthan or Gujarat his wife will enjoy all the rights like a girl from Jammu & Kashmir.”
“Similarly, if a girl from J&K chooses a Maharashtrian as a life partner, he will enjoy all the rights in Jammu and Kashmir”, he added.
The power to grant the Domicile Certificate to the spouse of the Domicile has been conferred with the Tehsildar.
The spouse is eligible to get a certificate upon showing Domicile Certificate of his/her spouse and a valid marriage proof.
The order has also modified the applicability of Domicile conditions to all levels of jobs in the Union Territory of Jammu and Kashmir under the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act.
“In exercise of the powers conferred by the proviso to Article 309 of the Consitution of India, read with section 15 of the Jammu and Kashmir Civil Services Act 2010, the government hereby directs in sub-rule (1) of rule 5 of the Jammu and Kashmir Grant of Domicile Certificate Rules 220, after S.No/Clause 6, the following shall be added,” reads the order. —(KNO)