1[3A. Domicile for purposes of appointment to any service in Union territory of Jammu and Kashmir. ––(1) Any person who fulfils the following conditions shall be 2[x x x] domicile of the Union territory of Jammu and Kashmir for the purposes of appointment to any post 3[x x x] 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 4[x x x] 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 1[shall 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).
2[(3) Notwithstanding anything contained in sub-section (1), spouse of a domicile shall also be deemed to be a domicile for the purposes of sub-section (1)].
(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 4[x x x] 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 1[shall 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).
2[(3) Notwithstanding anything contained in sub-section (1), spouse of a domicile shall also be deemed to be a domicile for the purposes of sub-section (1)].
1. Sections 3A and 3B inserted by S. O. 1229(E) dated 31st March, 2020. 2. Words “deemed to be” omitted by S. O. 1245(E) dated 3rd April, 2020. 3. Words and figures “carrying a pay scale of not more than Level-4 (25500)” omitted ibid. 4. Words “deemed to be” omitted ibid. 1. Substituted for words “have served” by S. O. 1245 (E) dated 3rd April, 2020. 2. Sub-section (3) inserted by S.O. 3808 (E) dated 26.10.2020.