Criteria for Designation of Senior Advocate in J & K

Golden Heartz Foundation Organizes Webinar on

J & K Domicile Law

Jammu, 30/May/2020: Today, Golden Heartz Foundation, a volunteer organization of

legal professional and researchers organized a webinar titled “ Understanding Domicile Law in J & K” wherein keynote speaker Sunil Sethi, Senior Advocate Jammu and Kashmir High Court addressed the webinar and explained in details the need for bringing the domicile law in J & K.

In his address the senior advocate also highlighted the historic injustice done to the people of West Pakistan, Valmikis, Gurkhas who had migrated more than 70 years ago in J & K but due to political reasons who were denied equal opportunities in erstwhile state of J & K and were treated as sub-humane.

“No civilized and law abiding society could even think of such inhumane treatment and denial of basic human rights under the garb of Article 370 and 35-A of constitution of India that had continued for such a long during previous governments”, he stated.

He said the union government headed by Prime Minister Narendra Modi not only healed the wounds of the victims of these arbitrary laws with the domicile law but also rectified constitutional blunders. The senior advocate also replied various queries and concerns on J & K Domicile Law raised by the participants belonging to different states of India.

The online program was moderated and hosted by Deepak Sharma and vote of thanks was presented by Dewakar Sharma, both  advocates of J & K High Court, Jammu.

Hundreds of participants attended the webinar and the Golden Heartz foundation have informed that soon the organization would launch a series of such more webinars on different social, legal, academic, governance and political issues concerning J & K.

Government Notifies Domicile Rules

PRC Holders to be eligible on the basis of PRCs alone: No Other document required

Accelerated Recruitment to begin

JAMMU, MAY 18-The Government today notified Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020. These Rules prescribe the procedure for issuance of Domicile Certificate which has been made the basic eligibility condition for appointment to any post under the Union Territory of Jammu and Kashmir following amendments in the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010.

Under the Domicile Rules all those persons and their children who have resided for 15 years in Jammu and Kashmir or have studied for seven years and appeared in class 10^th or 12^th examination in an educational institution in the UT are eligible for grant of domicile. Children of Central Government officials, All India service Officers, officials of PSUs 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 will also be eligible for Domicile status in the UT. Besides, all those migrants and their children who are registered with Relief and Rehabilitation Commissioner will be granted Domicile certificate. Children of those residents of Jammu and Kashmir who reside outside the Union territory in connection with their employment of business or other professional or vocational reasons have also become eligible for grant of domicile status.

The rules provide a simple and time bound procedure for the issuance of the Domicile certificate so that no one is put to any inconvenience. There shall be a timeline of 15 days for issuance of the certificate after which the applicant shall be free to approach an Appellate Authority. 

The decision of the Appellate Authority shall be binding upon the issuing authority and the orders of the Appellate Authority are to be complied within seven days, failing which the defaulting officer shall be liable for a penalty of Rs 50,000 out of his salary. The appellate Authorities will also have revisional powers. 

They can, either suo moto or on through an application made, call for records, check the legality of any proceedings and pass appropriate orders in reference.

The rules have a provision that applications for grant of Domicile Certificate can be submitted either physically or electronically online. The Competent Authority can also issue domicile certificate(s) electronically.

Permanent Residents of the erstwhile State of J&K in whose favour Permanent Resident Certificate (PRC) has been issued by the competent authority before 31.10.2019 shall be eligible for receiving their Domicile Certificates on the basis of PRCs alone and no other additional document shall be required for such residents.

Kashmiri migrants can get the Domicile certificate on production of either a PRC or Certificate of registration of migrant. Further there may be bonafide migrants and bonafide displaced persons who have migrated but have not registered with the relief department. In order to facilitate such persons, the Relief Department shall be making a special limited provision to apply before the Relief & Rehabilitation Commissioner (Migrant), for registration for the purpose of issuance of a domicile certificate only, with any one of the many documents, such as 1951/1988 electoral roll, proof of employment, ownership of property,  proof of registration in other states/UTs as a migrant or a displaced person or any other documentation which would have made him/her eligible for grant of PRC before  06-08-2019.

As a result of the new rules and procedure, West Pakistan Refugees (WPRs), Safai Karamcharis and Children of Women married outside Jammu and Kashmir who were earlier deprived shall also be now eligible for Domicile Certificate. West Pakistani Refugees were part of the Parliamentary electoral roll but not that erstwhile state electoral roll. They will now be covered under the 15 year residence rule or their children under the 7 year/ class 10/12 rule.

Similarly a simple procedure has been defined in the rules for other categories of people who are eligible for grant of Domicile Certificate as per Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act. 

 These include persons who have resided for a period of fifteen years in the Union territory of Jammu and Kashmir or have studied  for a period of seven years and appeared in class 10^th / 12^th  examination in an educational institution  located in the Union territory of  Jammu and Kashmir or children of such persons. These also include children 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. A simple and easily available set of documents such as Ration Card, Immovable Property record, verified Education certificates, Electricity Bills or verified Labour Card/Employer Certificate, have been prescribed for obtaining the Domicile Certificate.

The Government has also constituted a Committee to accelerate recruitment to government vacancies and to ensure transparency, inclusiveness and speed and that the committee has been asked to identify the vacancies for being filled up on immediate basis with priority to Class IV vacancies. The Committee will also ensure that necessary sanctions are obtained, rules are notified and any hitches in the recruitment process are removed.

The process of issuing domiciles is simple transparent and fast and is explained below

1. Permanent Resident Certificate Holder: Permanent Resident Certificate:

B) Children of persons possessing Permanent Resident Certificate: Permanent Resident Certificate of the  parent; and Birth certificate issued by Competent Authority

2. A person who has resided for a period of fifteen years in the Union territory of Jammu and Kashmir: Any document such as Ration Card: immovable property records: educational records: voter list: electricity utility bills: labour card; or, employer certificate verified by the Deputy Labour Commissioner or the Director Industries & Commerce of the Concerned Division; or, any other document of proof of residence

B.) Children of a person who has resided for a period of fifteen years in the Union territory of Jammu and Kashmir : Any document of the parent such as Ration Card: immovable property records: educational records: voter list: electricity utility bills: labour card; or, employer certificate verified by the Deputy Labour Commissioner or the Director Industries & Commerce of the Concerned Division; or, any other document of proof of residence and, Birth certificate issued by the Competent Authority.

3) A person who has studied for a period of seven years and appeared in class 10^th/12^th examination in an educational institution located in the Union territory of Jammu and Kashmir Certificate of education issued by the Head of the Institute and verified by Chief Education Officer of the School Education Department of the concerned District

4) Migrants/ Children of Migrants Certificate of registration of migrant; Or Permanent Resident Certificate, if available and Birth Certificate.

5) Children of Central Government officials, All India Service Officers, Officials of Public Sector Undertakings, Autonomous Body of Central Government, Public Sector Banks, Officials of Statutory bodies, Officials of Central Universities and recognised Research institutes of Central Government who shall have served in Jammu and Kashmir for a total period of ten years Certificate of service issued by General Administration Department/Cadre Controlling Authority  and Birth Certificate issued by the Competent Authority

6) West Pakistan Refugees: They were hitherto not allowed the benefit of government jobs. They were part of the Parliamentary electoral roll but not that erstwhile state electoral roll. They will now be covered under the 15 year residence rule or their children under the 7 year/ class 10/12 rule.

7) Safai Karamcharies they too were not allowed the benefit of governmentt jobs. They will now become eligible under the 15 year residence rule or their children under the 7 year/ class 10/12 rule.

8) Women (erstwhile) resident married to non residents were also not eligible so far: They will also become eligible under the PRC/ children/residency rule.

9) All other migrant and displaced persons not covered so far will also be covered under the new rules/migrant order.

FLAG CODE AND DIGNITARIES ALLOWED TO USE THE NATIONAL FLAG

ONLY FOLLOWING PUBLIC AUTHORITIES ARE ALLOWED TO FLY THE NATIONAL FLAG ON THEIR  MOTOR CARS

Pending Cases in J & K High Court

The below data about  Pendency of Court cases was presented by Union Law Minister before the parliament (Lok Sabha)  in reply to a questions by different members  starred and unstarred questions dated 05-Feb-2020

For complete pdf file about court cases, judicial strength in different courts is running into around 40 page plz email :  JKRTIACT@GMAIL.COM 

14 Senior Police Officers of JKP Transferred

People's Woes Continue as Jammu _Kashmir Rail Project Gets Delayed

Udhampur-Baramulla Railway Link: 64% work on last stretch completed

Nearly 64% of the work on the Katra-Banihal stretch has been completed, and by 2022-23 it will connect valley to the rest of the country, reveals an RTI reply.

Office of the Chief Administrative Officer (Construction), USBRL project, Northern Railway has divulged that out of the total length of 272 kms of the Udhampur-Baramulla railway line, work has been completed and commissioned in 161 kms, which accounts for nearly 60% of the whole project, while the work on remaining 111 kms long Katra-Banihal section is under progress.

View: RTI Reply concerning USBRL Project

 “At present, approx 64% work on Katra-Banihal section has been completed. The revised target for the completion of the USBRL project is in FY 2022-23 and it will be achieved with the cooperation of the local government to resolve local issues and control law and order situations,” Matin Ahmed, CPIO, USBRL, Northern Railway says in reply to an RTI filed by Jammu based RTI activist Raman Sharma.

Union Railway Minister Piyush Goyal had also announced in Rajya Sabha on 17 March 2020 that before August 2022, that is, when India will be celebrating its 75th Independence Day, Banihal to Katra link will be completed, and Kanyakumari will be connected to Baramulla through rail.

The ongoing work on Katra-Banihal stretch is being executed by three agencies, namely Northern Railway (5 kms), Konkan Railway Corporation Limited (53 kms), IRCON International Limited (53 kms).

Further, the RTI reply says, “The section estimated cost of USBRL Project is Rs 27,949 Crores, and the total cumulative expenditure upto February 2020 is Rs 20,717 Crores.”

Raman Sharma remarks, “The wait to ride a train from Jammu to Kashmir and vice versa is getting longer and also accelerating the cost of the project. People have been looking forward to the completion of railway line for years as Jammu-Srinagar National Highway closure due to several reasons and its proneness to accidents causes much displeasure.”

View: USBRL Project Official Website

The Government had announced in principle decision to construct the railway line from Udhampur to Baramulla via Srinagar in 1994. The original year of completion for the project was 2007, but due to geological and logistical issues, the revised date of completion is Financial year 2022-2023, mentions RTI reply.

According to the authorities, this project is, perhaps, the most difficult new railway line project undertaken on Indian subcontinent. The terrain passes through young Himalayas, which are full of geological surprises and numerous problems – one of the reasons for high cost of the project and its delayed completion.

As per the RTI reply, Udhampur-Katra leg (25 kms) was sanctioned in 1995 and commissioned in July 2014, Qazigund-Baramulla leg (118 kms) was sanctioned in 1999 and commissioned in October 2009.

Work on the last and most difficult leg Katra-Qazigund (129 kms), which was sanctioned in 1991, is under progress as Banihal-Qazigund section (18 kms) has been commissioned in June 2013, while the work on the last section Katra-Banihal is ongoing.

About 345 kms long Jammu-Udhampur-Katra-Qazigund-Baramulla Railway Line project, declared as a project of National Importance in March 2002, was planned with a view to provide an alternative and a reliable transportation system to Jammu & Kashmir and its far-flung areas, besides employment generation, provide connectivity, mitigate militancy, and stimulate development. It is claimed to be the biggest project in the construction of a mountain railway since independence.

Government Must Issue Periodic PDS & Relief Distribution Bulletins

Jammu, 06/May/2020: Seeking direction for all government departments engaged in distribution of relief in shape of cash, food grains and other items through Public Distribution System or any subsidized services amidst the Corona Pandemic, RTI Activist Raman Sharma has requested the union and J & K UT government to implement the Suggestion of Central Information Commission dated 13/April/2020 to the government of India through Department of Personnel and Training (DoPT)  wherein the Central Information Commission had asked DoPT  to issue advisory to all Ministries for supplementing the Government measures on COVID-19 related relief and rescue operations employing the pro active disclosure provisions of section-4 of the Right To Information Act 2005 for vide dissemination in media as well as well as on websites of public authorities.

In his appeal, Sharma said it is not necessary that that must be any allegation of corruption or anyone doubting the credibility of any officer or department but issuing such bulletin about relief distribution and availability  of food grains, subsidized LPG cylinders, cash relief , kerosene, medicines, sanitizers, masks at district or sub-divisional level would help the government in weeding out duplication  of beneficiaries and stop hoarding of commodities and black marketing.

He said during the lock down period due to ongoing pandemic though the government of India and J & K UT administration have made several efforts to provide relief to the people and ensuring delivery of services and goods but due to lack of information and communication many people and areas remained unattended while others get duplication in getting relief from different agencies. He said on the pattern of daily nation & and State wise  health bulletins on Corona Pandemic, the different ministries and department  of government of India and J & K UT government should also issue periodic Public Distribution and Relief Bulletins (Daily or weekly) and publish the same on their websites and on other social media platforms similarly at the district and even at Sub-divisional level the concerned officers should pro actively disclose the name and particulars of all beneficiaries of government facilities and also the availability of food grains, kerosene, LPG and other essentials. Arguing for his plea, the activists said such measures would not only weed out the impersonating beneficiaries but it would also save millions of rupees of the government that can be utilized for other purposes.  

Start Online RTI Facility at JK Bank

No More Curtains !

Jammu, 02/May/2020: Requesting the Jammu and Kashmir Bank management to start online RTI facility for the citizens,  activist Raman Sharma have sent two pages representation to Rajesh Kumar Chibber chairman and Managing Director of the bank (via-email). 

In his appeal to the Chairman of the bank regarding implementation of online facility for receiving application under Right to Information Act, Sharma stated that Jammu & Kashmir bank is one of the premier state owned institution & the people  have  hope from the incumbent chairman that the bank would set new trademarks of transparency & accountability. 

RK Chibber, Chairman and MD, JK Bank

In his letter, Sharma has also submitted “I would also like to take this opportunity to bring it to your kind notice that, along with         other fellow residents of J & K,  I was amongst a few people who had             submitted RTI applications with the J & K bank back in year 2010-11 but unfortunately that time our plea was rejected by the then people at the helm of affairs in the bank for the reasons best known to them anyhow but now the residents of   J & K & especially youth believe there can be no more curtains &       the    J & K bank shall be torch bearer of transparency under your able leadership”.  

Pleading his request for online RTI facility, his letter further  reads, that  online RTI mechanism  would also ease out the     burden of the designated Public Information officers of          the bank to physically photocopy & then transfer the RTI applications to different officers & units           of the banks and It would be of immense help to the citizenry & J & K Bank would         be the first government owned institution in Jammu            & Kashmir Union     Territory to     start this online RTI facility for citizens.

His letter also informed the bank chairman that the      Government of India’s ministry of DoPT (Department of Personnel and Training)   was already running  facility of online RTI application for citizens of India over half decade now. It is pertinent to mention here that for quite a long time the JK Bank leadership expressed its reluctance in coming under the ambit of Right to Information Act and had fought a long legal battle in court of law with the information seekers/citizens.

Postpone All Government Tenders of "Non-Essential" Items: RTI Activist

Postpone All Government Tenders of  Non-Essential Items: RTI Activist

Jammu, 30/Apr/2020: Seeking a complete ban on all government  tenders for non-essential items, services and constructions during lock down period, RTI Activist Raman Sharma have requested the Jammu and Kashmir union territory government and Finance Commissioner, department of finance to issue a formal order in this regard.

Sharma in his plea said inviting  government tenders for non-essential items and services during lock down period is in violation of article(s) 14, 15 & 16 of the constitution of India that calls for equal opportunity in matters of public employment and justice.

He said during lock down period due to ongoing  global pandemic there are restrictions on the movement of people and it is not feasible for all potential contenders to participate in the tendering process,  therefore it is in the best interest of justice that all government tenders that fall out of the purview of ‘essential Items & Services’ must be kept in abeyance and all those tenders already invited and finalized by different departments during lock down period must be cancelled without any delay so that after lock down, fresh tenders are issued ensuring larger transparency and fair play.

Raman further informed that he has also sent  formal request via email(s) to J & K Raj Bhavan and Finance Department  in this regard so that no officer or department taking advantage of the present situation of lock down favors any one and deprived other deserving ones in the tendering process.

Activist Suggests Invoking Section 24 of DM Act to Ensure Services of Private Hospitals

Jammu, 21/Apr/2020: Making a fervent appeal to the J & K Union Territory administration led by Lieutenant Governor  GC Murmu to take cognizance of plight of non-Covid patients also and ensure their treatment in government as well as private hospitals.

RTI activists Raman Sharma has appealed the J & K government to invoke section 24 of the Disaster Management Act 2005 to ensure that reluctant private medical practitioners, hospitals and nursing homes do not deprive the citizens of required medical aid amidst the corona pandemic.

Sharma said that unfortunately amidst the pandemic outbreak many private medical practitioners, hospitals and nursing homes have stopped treating even the non-COVID patients whereas these same private hospitals and doctors were providing services to these patients for years and decades.

In his appeal the activist  said when the entire government medical health institutions are engaged in dealing with the patient suffering from Corono virus almost many private medical practitioners have stopped working.  He appealed the J & K government to invoke section 24 of the disaster management act to continue their services.  

It is pertinent to mention here that section 24 of the DM Act 2005 defines  Powers and functions of State Executive Committee in the event of threatening disaster and  allows the State/UT government to utilize the services and facilities of any government as well as any individual or any private entity for the purpose of making  these available  resources for the use in  emergency response, rescue and relief and procure exclusive or preferential use of amenities from any authority or person as and when required.