THE JAMMU AND KASHMIR CIVIL SERVICES (DECENTRALIZATION AND RECRUITMENT) ACT

14. THE JAMMU AND KASHMIR CIVIL SERVICES (DECENTRALIZATION AND RECRUITMENT) ACT 



Throughout the Act, references to ―State Cadre‖ shall be construed as references to ―Union territory Cadre‖.
Section 1. –– In sub-section (2), for ―whole of the State of Jammu and Kashmir‖ substitute ―whole of the Union territory of Jammu and Kashmir‖.
Section 2. –– (i) After clause (c), insert ––
 ̳(ca) ―Domicile‖ means Domicile as defined in section 3A of this Act.‘;
(ii) for clause (d), substitute ––

d) ―Government‖ means Government of the Union territory of Jammu and
Kashmir.‘. For section 3, substitute –
  Application of Act.
―3. The provisions of this Act shall apply to -
(a) all the Gazetted and non-Gazetted posts borne on the establishment of
any Department or Service of the Government; and
(b) Class IV posts borne on the establishment of any Department or Service of the Government or any Government company, organization and body substantially owned or controlled by the Union territory:
Provided that the provisions of this Act shall not apply to -
(i) the posts for which any special procedure is laid down under any enactment of the Legislature of the Union territory of Jammu and Kashmir; and
(ii)such other posts as may be excluded from the operation of the Act by the notification issued by the Government in this behalf from time to time. ‖.
―3A. (1) 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:-
(a) 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
(b) who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the Union territory of Jammu and Kashmir.
(2) Notwithstanding anything contained in sub-section (1), following persons shall be deemed to be domicile under sub-section (1) :-
(a) 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 ten years; or
(b) children of parents who fulfil any of the conditions in sub- section (1); or
(c) children of such residents of Union territory of Jammu and Kashmir as reside outside Union territory of Jammu and Kashmir in connection with their employment or business or other professional or vocational reasons but their parents fulfil any of the conditions provided in sub-section (1).
After section 3, insert -
Domicile for purposes of appointment to any service in Union territory of Jammu and Kashmir.
Issuance of 3B. (1) Tehsildar within his territorial jurisdiction shall be the Competent
  domicile certificate
Authority for issuance of domicile certificate:
Provided that the Government of Union territory of Jammu and Kashmir may notify any other officer to be Competent Authority for issuance of domicile certificate.
(2) The applicant may apply in such form as may be prescribed to the Competent Authority who shall after verification issue such certificate in such form as may be determined by the Competent Authority.
(3) Any person aggrieved by the order of the Competent Authority may file appeal before the concerned Deputy Commissioner who shall decide appeal, providing an opportunity of being heard to the parties, within a period of sixty days. ‖ .
In sub-section (1),-
(a) for ―State Service Selection Board‖ substitute ―Service Selection Board‖ and for the sign colon ―:‖ at the end, substitute sign full-stop ―.‖;
(b) omit the proviso.
Section 5. ––
After section 5, insert -
Requirement of ―5A. Subject to the provisions of this Act, no person shall be eligible for
domicile being for posts.
for eligible certain
appointment to a post carrying a pay scale of not more than Level-4 (25500) unless he is a domicile of the Union territory of Jammu and Kashmir.‖.
(i) In clause (i), for ―permanent resident of the State‖ substitute ―Domicile of Union territory of Jammu and Kashmir‖;
(ii) Omit clause (ii).
(i) In clause (i), for ―permanent resident of the State‖ substitute ―Domicile of
Union territory of Jammu and Kashmir‖;
(ii) Omit clause (ii).
Section 6. ––
Section 7. ––
Section 8. –– Section 13. ––
Omit clause (i). Omit.