1 JAMMU AND KASHMIR GRANT OF DOMICILE CERTIFICATE (PROCEDURE) RULES, 2020 General Administration Department Notification S. O. 166 dated 18th May, 2020.–– In exercise of the powers conferred by Article 309 of the Constitution of India read with section 15 of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010, the Government hereby makes the following rules:––
1. Short title, extent and commencement. ––(1) These rules may be called the Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020.
(2) These rules shall come into force on the date of their publication in the Official Gazette.
2. Definitions.–– In these rules, unless the context otherwise requires,––
(a) “Act” means the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010 ;
(b) “Competent Authority” means Tehsildar within his territorial jurisdiction or any other officer as may be notified by the Government from time to time for the purpose of issuance of Domicile Certificate ;
(c) “Domicile” means domicile as defined in section 3A of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010 ;
(d) “Domicile Certificate” means a certificate issued under rule 6 of these rules.
The words and expressions used herein and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.
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3. Persons eligible for grant of Domicile Certificate.–– Any person who fulfils the following conditions shall be eligible for grant of Domicile Certificate by the Competent Authority:––
(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 as per procedure prescribed by Government for migrants and displaced persons ; or
(c) who is a child of Central Government Official, All India Service Officers, Officials of Public Sector Undertaking and Autonomous body of Central Government, Public Sector Banks, Officials of Statutory bodies, Officials of Central Universities and recognized research institutes of the Central Government who have served in the Union territory of Jammu of Kashmir for a total period of ten years ; or
(d) who is a child of parents who fulfil conditions as prescribed in clause
(a) or (b) ; or
(e) who is a child of such resident of Union territory of Jammu and Kashmir as reside outside the Union territory in connection with their employment of business or other professional or vocational reasons but whose parents fulfil any of the conditions in clauses (a) or (b).
4. Application for grant of Domicile Certificate. ––(1) Any person who is eligible for grant of Domicile Certificate may apply to the Competent Authority for grant of Domicile Certificate in Form ‘A’, either physically or electronically online (as may be made available by the Government).
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(2) In case of minors and persons suffering from any disability, application for grant of certificate may be made and appearances and other acts done by their appointed guardians.
(3) Every application made under sub-rule (1) and (2) shall be accompanied by such documents as are prescribed under these rules.
5. Class of Persons, Documents required, Authority Competent and Appellate Authority for issuance of Domicile Certificate. ––(1) Persons eligible for Domicile Certificate under rule 3, categories whereof are specified in Column – II shall apply to relevant Competent Authority as specified in Column IV along with documents specified in Column V against each category for issuance of Domicile Certificate as indicated in table below:–– I II III IV V VI S.No./ Category of Relevant section of the Competent Documents to Appellate Clause Domicile Jammu and Kashmir Civil Authority for be annexed Authority Services (Decentralization issuance of and Recruitment), Act, Domicile 2010 Certificate
1. (a) Permanent Section 3A (1)(a) of the TEHSILDAR (a) Permanent Resident Jammu and Kashmir Civil Resident Certificate Services (Decentralization Certificate Holder and Recruitment) Act, 2010
(b) Children of Section 3A(2)(b) read with TEHSILDAR (a) Permanent persons 3A(1)(a) of the Jammu and Resident possessing Kashmir Civil Services Certificate Permanent (Decentralization and of the Resident Recruitment Act, 2010 parent ; and Certificate
(b) Birth Certificate issued by Competent Authority
2. (a) A person who Section 3A(1)(a) of the TEHSILDAR Any document has resided for a Jammu and Kashmir Civil of the place such as Ration period of fifteen Services (Decentralization last resided Card; immovyears in the and Recruitment Act, able property Union territory 2010 records; educaof Jammu and tional records;
Kashmir voter list; electricity utility Deputy Commissioner 4 bills; labour card; or employer certificate verified by the Deputy Labour Commissioner or the Director Industries and Commerce of the concerned Division; or any other document of proof of residence
(b) Children of Section 3A(2)(b) read with TEHSILDAR (i) Any document a person who 3A(1)(a) of the Jammu and of the place of the parent has resided for Kashmir Civil Services (De- last resided such as Ration a period of fifteen centralization and Recruit- Card; immovable years in the ment Act, 2010 property records;
Union territory educational of Jammu and records; voter Kashmir list; electricity utility bills;
labour card; or employer certificate verified by the Deputy Labour Commissioner or the Director Industries and Commerce of the concerned Division; or any other document of proof of residence; and
(ii) Birth certificate issued by the Competent Authority.
3. A person who 3A(1)(a) of the Jammu TEHSILDAR Certificate of has studied for and Kashmir Civil Services of the place education a period of seven (Decentralization and Rec- last resided issued by the I II III IV V VI Deputy Commissioner 5 years and appear- ruitment) Act, 2010 Institute and ed in class 10th/ verified by Chief 12th examination Education Officer in an education- of the School al institution Education Delocated in the partment of the Union territory concerned of Jammu and District Kashmir.
4. (a) Migrants 3A(1)(b) of the Jammu RELIEF AND (a) Certificate of and Kashmir Civil Services REHABILITA- registration of (Decentralization and Rec- TION COMM-migrants ; or ruitment) Act, 2010 ISSIONER (b) Permanent (MIGRANTS) Resident Certificate, if available.
(b) Children of 3A(2)(b) read with 3A(1) RELIEF AND (i)(a) Certificate Migrants (b) of the Jammu and REHABILITA- of registration KashmirCivil Services TION COMM-of the parent ;
(Decentralization and ISSIONER or Recruitment Act, 2010 (MIGRANTS)
(b) Permanent Resident Certificate of the parent, if available ; and
(ii) Birth Certificate.
5. Children of 3A(2)(a) of the Jammu and (a) For children (a) Certificate of Central Govern- Kashmir Civil Services (De-of All India service issued ment officials, centralization and Recruit- Service Officers by General All India Service ment) Act, 2010 – Additional Administration Secretary to Officers, Offi- Secretary or Department ; Government cials of Public above in the and General Sector Underta- General Admi- Administrakings, Autono- nistration De- (b) Birth Certi- tion Departmous Body of partment deal- ficate issued by ment.
Central Govern- ing with All the Competent ment, Public India Services, Authority Sector Banks, to be nominated Officials of Sta- by the Secretary, tutory bodies, General Admi- Officials of Cen- nistration De- I II III IV V VI Deputy Commissioner Financial Commissioner, Revenue 6 tral Universities partment ; and and recognised Research Institu- (b) for other (a) Certificate of tes of Central categories –– service issued by Government who Additional Cadre Controllshall have served Commissioner ing Authority ; Financial in Jammu and in the office of and Commis- Kashmir for a Divisional sioner, total period of Commissioner (b) Birth Certi- Revenue ten years. to be nominated ficate issued by by Divisional the Competent Commissioner Authority
6. Children of such 3(A)(2)(c) of the Jammu TEHSILDAR (a) Permanent residents of and Kashmir Civil Services where appli- Resident Union territory (Decentralization and Rec- cant last Certificate of of Jammu and ruitment) Act, 2010 resided the parent, if Kashmir as resi- available ; or ded outside Union territory in con- (b) Any other nection with their documents such Deputy employment or as Ration Card; Commisbusiness or other immovable sioner professional or property records;
vocational voter list; electrireasons. city utility bills ;
or labour card of parent ; or any other document of proof of residence.
1[7. Spouse of a do- 3(A)(2)(3) of the Jammu Tehsildar (a) Domicile cermicile. and Kashmir Civil Services tificate of the Deputy Decentralization and Rec- Spouse; Commisruitment Act. (b) Valid proof of sioner].
marriage
(2) Any person aggrieved by an order of Competent Authority shall file an appeal before the Appellate Authority as specified in column VI :
Provided that the Appellate Authority shall decide the appeal after providing an opportunity of being heard to the parties.
I II III IV V VI
1. S.No./Clause 7 inserted vide S.O. 248 of 2021 dated 20-07-2021.
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6. Grant of Domicile Certificate. ––(i) After holding such enquiry as the Competent Authority may deem expedient and on the basis of documents furnished by the applicant under rule 5, the Competent Authority shall either issue Domicile Certificate in Form ‘B’ to the applicant bearing its seal and signatures or reject the application within a period of 15 working days :
1[Provided that any person eligible for Domicile Certificate for category of domicile as provided under clause 1(a) and clause 4(a) of the Table appended to rule 5 shall be issued Domicile Certificate on the basis of Permanent Resident Certificate only and no further verification or inquiry shall be undertaken by the Competent Authority in such case. The Competent Authority shall issue Domicile Certificate in such cases within a period of five working days from the date such application is received by it :]
2[Provided further] that if the domicile certificate is neither issued nor rejected within the specified time period, the applicant may prefer an appeal before Appellate Authority who shall, after affording opportunity to the Competent Authority, decide such appeal within a period of 15 days either accepting or rejecting such appeal :
2[Provided also] that in case the applicant succeeds in his appeal, the Appellate Authority shall direct the Competent Authority to issue Domicile Certificate within a period of 07 working days and in case, the certificate is not issued within 07 days, the Appellate Authority shall recover an amount of Rs. 50, 000/- from salary of the Competent Authority.]
(ii) The Competent Authority can also issue Domicile Certificate electronically, as may be made available by the Government.
7. Revision.–– The Appellate Authority may, suo moto or on an application made to it, call for records of the proceedings taken, or orders made, by any Competent Authority for purposes of satisfying itself as to the legality and propriety of such proceedings or orders and may pass such orders in reference thereto as it deems fit :
Provided that no order shall be made against any person without affording him a reasonable opportunity of being heard.
8. lnterpretation.–– If any question of interpretation of any of the provisions of the rules arises, the decision of the Government in the General Administration Department thereon shall be final.
1. Proviso inserted and existing provisos renumbered vide S.O. 263 dated 25-08-2020.
2. Substituted ibid.
8 FORM– ‘A’ (See Rule 3) GOVERNMENT OF JAMMU AND KASHMIR APPLICATION FORM – DOMICILE CERTIFICATE APPLICANT DETAILS
1. Name of Applicant : __________________________
2. Name of Father :__________________________
3. Name of Mother :__________________________
4. Name of Spouse :__________________________
5. Gender : Male Female Other
6. Date of Birth :
7. Aadhar No. : _______________________
8. Mobile No.: __________________ e-Mail ID : ________@ _______ (In case ofminor, provide parents contact details}
9. Present Address (Address of Parents in case of Minor) House Name/No: _________________ Street : _________________ Locality : ________________________ Village/Town : _______________ Tehsil : __________________________ District : ___________________ PIN Code : _______________________
10. Whether the Present and Permanent Address is same : Yes No Applicant’s color Passport Size Photograph Size – 5 x 4.5 (Cm.)
Or 2 x 1.75 (Inch) 9 If No, Permanent Address (Address of Parents in case of Minor) House Name/No : –––––––––––––– Street : _______________________ Locality : _____________________ Village/Town : _________________ Tehsil : _______________________ District : ______________________ PIN Code : ____________________
11. Period of Stay at present location : _______Year(s) ______ Month(s)
12. Are you having any valid Domicile Certificate of any other State/UT :
Yes No (If Yes, please attach copy)
13. Documents to be attached as per category specified in Rule 5 Clause l (a) of Rule 5 Permanent Resident Certificate Permanent Resident Certificate of the Parent ;
and Date of Birth Certificate Clause 2(a) of Rule 5 Any of the following documents:
Ration Card Immovable Property Records Education Certificate Voter list Electricity/Utility Bill Clause l (b) of Rule 5 10 labour Card ;
Employer Certificate ;
Any other Document.
Clause 2(b) of Rule 5 Any of the following documents:
Ration Card ;
Immovable Property Records ;
Education Certificate ;
Voter list ;
Electricity/Utility Bill ;
Date of Birth Certificate ;
Labour Card ;
Employer Certificate ;
Any other Document; and Date of Birth Certificate.
Clause 3 of Rule 5 Certificate of Education verifled by the Chief Education Officer, School Education Department of the concerned District Clause 4(a) of Rule 5 Certificate of Registration as Migrant by the Relief and Rehabilitation Commissioner (Migrants) ; or Permanent Resident Certificate 11 Clause 4(b) of Rule 5 Certificate of Registration as Migrant of the Parent ; Or Permanent Resident Certificate of the Parent ; and Date of Birth Certificate Clause 5 of Rule 5 Certificate of Service ; and Date of Birth Certificate Clause 6 of Rule 5 Permanent Resident Certificate of the Parent ; Or Any of the following documents:
Ration Card Immovable Property Records Education Certificate Voter list Electricity/Utility Bill Labour Card Any other Document
14. Identity Proof of Parents ( in case parents applied on behalf of minor) (Anyone to be attested and attached) Aadhaar Card PAN Card 12 Ration Card with Photograph Voter ID Card Passport Driving License Any Govt. recognized document Document No:
Date: ___/ ___/ _______ Signature of Applicant:- Place:_______________ (Parents Signature in case of Minor)
15. Self-Declaration I _____________________S/o/D/oSh.________________________ aged ________________ R/o _____________________verify as under:–– I. That the above contents are correct to the best of my knowledge and belief and nothing has been concealed therein.
I further affirm that––
11. I am aware that in case the information furnished above is found to be incorrect, I shall be liable for prosecution under section 177 & 191 of the Indian Penal Code, which stipulates as under:–– “177. Furnishing False Information.–– Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has a reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or fine which may extend to one thousand rupees, or with both ;
13 Or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
191. Giving false evidence.–– Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.” Ill. Providing any false evidence shall be punishable under section 193 of IPC, 1860 which provides imprisonment for a term upto three years and fine.
Date: ___/ ___/ ______ Signature of Applicant:- Place: _________ (Parents Signature in case of Minor) FOR OFFICE USE OFFICE OF THE COMPETENT AUTHORITY:–– ________________________________________
1. Application No: _________________
2. Date of receipt of Application ___/ ___/ ________
3. Name of the Official along with designation who received the application form ______________________________ 14 Form – B (See Rule 6) Government of Jammu and Kashmir (Office of the Competent Authority ........................)
DOMICILE CERTIFICATE Certificate No. ______________ Dated :__________________ This is to certify that Shri/Smt/Kumari_________________________ son/daughter/wife of_____________________________________________ resident of ___________________Village/Street ______________________ Post Office ___________________ District __________________ of Jammu and Kashmir, Pin Code ____________, Aadhar No. ______________ whose photograph is attested below is a domicile of Union territory of Jammu and Kashmir.
2. That the applicant is eligible in terms of the following clause of Rule 5 of the Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules,2020.
(a) .................................................
Signature with seal of Competent Authority __________ Name _______________________________________ Designation __________________________________ Signature with seal of Officer _________ Recent passport size photograph of the applicant