OPENING, CLOSING & BUSINESS TIMING OF POST OFFICES IN JAMMU

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Appeal Before Appellate Authority for Domicile Certificate(DRAFT SAMPLE)

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2ND DRAFT/SAMPLE OF APPEAL 

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CIVIL SECRETARIAT OFFICES, DARBAR MOVE OFFICES OF JAMMU AND KASHMIR 2020

 

DARBAR MOVE OFFICES OF J & K, that are stationed in Jammu, Kashmir 2020

JAMMU AND KASHMIR DOMICILE RULES

Jammu & Kashmir Domicile Certificate (Procedure) Rules, 2020 

For online applying Domicile Certificate Visit official weblink of the J & K Government .

CLICK HERE FOR OFFICIAL WEBSITE

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GAD  CIRCULAR FOR OFFICERS ON DOMICILE CERTIFICATES

NEW PARKING SLOTS IDENTIFIED IN JAMMU

Officers’ Apathy reduced Online J & K Grievance Cell to a Joke : RTI Activist

Jammu, 19/July/2020 : Disappointed with the apathy of officers of Jammu and Kashmir administration who are responsible to response and act on the complaints received from citizens trough online portal of Jammu and Kashmir government , RTI Activist Raman Sharma alleged that deliberately the attempts are being made to reduce the online grievance cell to a joke to discourage common people so that they  do not resort to file written complaints and  officers are not made accountable.

Raman informed that though as per the Standard Operating   Procedure adopted by the J & K government the heads of the departments are instructed by the government to respond and take action on the complaints received through online portal “Azaz-e-Awam”  jkgrievance.in  within 15 days.  

Citing his own complaints filed through online portal, he said that he had filed two complaints with the grievance cell vide no. 999001418390 dated 14/June/2020 and complaint no 999001392817 dated 13/May/2020 and till date no action is being taken on his complaint. He further informed that both these complaints pertains to very important subjects one related to finance department and other related to allegations of discrepancy in allotment and construction of community and individual bunkers in district Poonch wherein millions of rupees have been given by Ministry of Home Affairs, government of India.

J & K Liquor Policy 2020_21

Roll out of Excise Policy 2020-21 approved

Annual License Fee, Additional License Fee introduced to optimize revenue

SRINAGAR, JULY 17:  The Administrative Council (AC), which met here under the chairmanship of Lieutenant Governor, G C Murmu, approved the roll out of Excise Policy for the year 2020-21 and implementation of policy measures to improve transparency and objectivity related to renewal, cancellation, transfer of licenses and penalties.

The new policy aims to rationalize the number of taxes, duties and other levies to optimize revenues for common good, and bring about greater social consciousness about the harmful effects of consumption of liquor and alcoholic beverages.

The policy envisages checking bootlegging of Bottled in Origin (BiO) brands from neighbouring states, besides providing choice of brands and a level playing field to those in the business.

Under this year’s policy, the Department has specified fixed number of licenses/ licensed zones for Ex-servicemen, specially-abled persons, SC/ST/OBC and people belonging to economically weaker sections as per the criteria to be notified separately.

Further, the License Fee structure has also been revisited in the Draft Policy. A fixed component of ‘Annual License Fee’ has also been introduced, whereas, the existing per bottle license fee has been revised on higher side as ‘Additional License Fee’.

The Excise Policy for the year 2019-20 was extended till June, 2020 in the wake of COVID-19 pandemic and now stands expired.

Complaint filed Against DC Office Poonch for non Compliance of RTI Act:

No  Proactive Disclosure Under RTI Act  

Complaint filed Against DC Office Poonch

Jammu, 15/July/2020: A complaint under section 18 of the Right to Information Act 2005 has been filed with the Central Information Commission  against office of the Deputy Commissioner Poonch for its failure to make proactive disclosure of Information which is compulsory to be made under section 4(1)(b) of the RTI Act 2005.

RAMAN

In his complaint before the CIC dated 14/July/2020 vide diary no 677786, RTI activist Raman Sharma has submitted that DC office Poonch, the respondent Public Public Authority was under legal obligation as per section 4 of the Right to Information Act to pro-actively disclose certain kind of information but unfortunately for the reason best know to the respondent (DC Office), no such information was made available pro actively for the public and people have to resort to file individual  RTI applications to even get this information which otherwise should have already been in public domain and innocent citizens are compelled to spend money and time to get this information.

In the        complaint it     is      further stated         that the Respondent P.A also have   its    dedicated website   " POONCH.NIC.IN “ but there also no information as mentioned under section 4 is published which is clear violation of the Right to Information Act 2005.

Seeking directions for the DC office Poonch, the RTI activist have requested the CIC to direct the respondent to  take necessary action and suo-moto disclose all mandatory information as required under section 4 of the Right to Information Act 2005 on its official website  and apprise the honourable CIC about the action taken thereof along with a copy to the complainant.

 Sharma also informed that Right to Information Act casts an obligation on the Public Authority  to publish pro actively information under section 4(1)(b) within 120 days from the enactment of this act and as the Right to Information Act 2005 is applicable in  the Union Territory of J & K right from 31^st October 2019 after repeal  of its previous Jammu and Kashmir Right to Information Act 2009 thus DC Office Poonch should have disclosed this information on its own. 

The complaint also highlights   the inaction on the part of the respondent Public Authority that did not act as per the mandate of the RTI Act and called it as deliberate attempt of the respondent Public Authority to seize lawful right of the citizens of India.

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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.