Author Archives: arisebharat

Government Notifies Domicile Rules for J&K

The Government 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 10th or 12th 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.

              Requirement of Documents for granting Domicile of UT

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

1)1951/1988 electoral roll,

2) proof of employment,

3) ownership of property,

4)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,

  1. a) West Pakistan Refugees (WPRs), Safai Karamcharis living in state for 64 years but not permanent residents, Children’s and spouses of women married outside the state but lives in the state , Gurkha’s living in state for more then 150 years are 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.

 

  1. b)  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 10th / 12th 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.

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

 

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

 

  1. 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 and birth certificate issued by the competent Authority

Children of a person who has resided for a period of fifteen years in the Union territory of Jammu and Kashmir :

 

3) Students who have studied in the state for seven years and appeared in class 10th/12th examinations in educational institutions of Jammu-Kashmir UT:- 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.

10) Gurkhas living in state serving in state forces at Maharaja’s times since 1840 but were denied status of Permanent residents.

 

The Three Kinds of Swadeshi

  • An Excerpt from Swadeshi and Boycott by Sri Aurobindo

” Now the meaning of Swadeshi and boycott, as we Nationalists understand them, is wider and larger than Swadeshi and boycott as defined by others, owing to the commercial and industrial circumstances of the country. There are three kinds of Swadeshi.  When Swadeshi was first started in Bengal, Lord Minto said at the Commercial Exhibition in Calcutta that he approved of Swadeshi. Our Swadeshi, according to Lord Minto, is the determination to encourage Indian manufacture and the use of Indian goods when they are as good as English manufactures and can be got at a cheaper price.  That is the economic principle preached by English economists. Lord Minto says that if Swadeshi excludes the goods of other countries it ceases to be an honest attempt for the industry of this country.

There is another kind of Swadeshi which is more developed. We shall encourage Indian labour, Indian manufacture, Indian articles, preferring our own goods by giving them a little stimulus. This idea of Swadeshi brings in the principle of preference and protection.

The third kind of Swadeshi adopts the principle of using our own Indian manufactures, our own Indian goods, and not using foreign articles if Indian articles can be had.”

Swadeshi and Decentralisation – Pt Deendayal Upadhyay

The concept of “Swadeshi” is ridiculed as old-fashioned and reactionary. We proudly use foreign aid in everything, from thinking, management, capital, methods of production, technology, etc. to even the standards and forms of consumption. This is not the road to progress and development. We shall forget our individuality and become virtual slaves once again. The positive content of “Swadeshi” should be used as the cornerstone Of reconstruction of our economy.

With the focus once again now on #Swadeshi & #Atmanirbharata, it is a good time to read what Pt. Deendayal Upadhyay wrote on this subject. Here is an excerpt from his  “Aspects of Economics”.

SWADESHI AND DECENTRALISATION

“SWADESHI” and “Decentralisation” are the two words which can briefly summarize the economic policy suitable for the present circumstances. Centralization and monopolization have been the order of the day for all these years, knowingly or unknowingly. The planners have become prisoners of a belief that only large-scale centralized industry is economic and hence without worrying about its ill-effects, or knowingly but helplessly they have continued in that direction. The same has been the case with “Swadeshi” The concept of “Swadeshi” is ridiculed as old-fashioned and reactionary. We proudly use foreign aid in everything, from thinking, management, capital, methods of production, technology, etc. to even the standards and forms of consumption. This is not the road to progress and development. We shall forget our individuality and become virtual slaves once again. The positive content of “Swadeshi” should be used as the cornerstone Of reconstruction of our economy.

DEPENDENCE ON WESTERN ECONOMICS

NOT only because of different ideals of life but also because of different conditions in terms of time and place the way of our economic development will have to be different from that of the West. But we are tied to Marshall and Marx. We believe that the economic principles they have discussed are eternal. Even those Who realise that they are dependent upon certain systems are not able to step out of their orbits. The economic prosperity of the West has created a blind belief in us about the Western system of production. Western economists have produced so much critical literature that we easily feel overwhelmed by it. We cannot rise above it. It is possible that this science of economics may have some principles that do not depend upon time, place or system and can prove useful to all, but very few have the capacity to assess this quality. Our education cannot create people with such a capacity. Our economists may be experts in Western economics, but they have not been able to make any solid contribution to it because the Indian economy can neither provide them the necessary thought nor the necessary field for experimentation.

NO RIGHT ETERNAL

NO fundamental rights, whether related to property or other things, are eternal. They are all dependent upon the interest of society. In fact these rights are given to the individual in order that he may perform his social duties. A soldier is given weapons because his duty is to protect society. If he does not do his duty he loses the right to bear weapons. Similarly the right to property is given to an individual so that he could do his duty by society. For this purpose it becomes necessary to define and modify these rights from time to time. No right to property is absolute of society.

RIGHT OF OWNERSHIP

THE right of ownership is actually the right to use a particular thing within definite limits and for a definite purpose. These rights keep changing with the times. Hence as a matter of principle we may not get entangled in the quarrel between the individual’s rights and the right of society. For us the State is not the only form of society. We believe that the individual, the family, the community, the State are all different forms in which society expresses and fulfils itself. The joint family is the practical unit in this country in which we seek to preserve the social sense in the individual, in which every individual has the right to earn, but the right of ownership vests in the family. Wealth is used for the benefit of the family. It is this Indian principle of Trusteeship that has been propounded by Gandhiji, Guruji and other thinkers.

OWNERSHIP RIGHT FOR WORKERS

IT is a matter of surprise that today a share-holder in joint stock companies, who has no other connection with the company except a share in its profit, should be able to exercise ownership rights while the worker who works in an industry, sets its machines into motion and depends upon it for his livelihood should experience a feeling of being a stranger to it. This feeling is not proper. It is therefore necessary that along with the share-holder the worker should be given ownership rights and a share in its management and profit.

RIGHT TO FOOD

THE slogan commonly heard now-a-days is “one must earn his bread”. Normally communists use this slogan, but even the capitalists are not fundamentally in disagreement with it. If there is any diflerence between them, it is only as regards who earns and how much. The capitalists consider capital and enterprise as important factors of production and if they take a major share of profit, it is because they think it is their due. On the other hand, communists believe only labour to be the main factor in production. Therefore they concede a major share of production to the labourers. Neither of these ideas is correct. Strictly speaking, our slogan should be that he who earns will feed and every person will have enough to eat. The right to food is a birthright. The ability to earn is a result of education and training. In a society even those who do not earn must have food. The children and the old, the diseased and the invalids, all must be cared for by society. Every society generally fulfils this responsibility. The social and cultural pro- guess of mankind lies in the readiness to fulfil this responsibility.

FOOD VERSUS FREEDOM

WHILE imports may help us tide over our present difficulties, the real solution to the problem lies in maximising agricultural production in the country. That we have not done sufficiently in this direction needs no saying. The present agreement is an eloquent testimony to the Government’s failure on this front. With the passage of time we have become increasingly dependent on foreign sources. We fear that due to availability of food in plenty at present the Government may become complacent in their efforts to raise production locally. The US Ambassador feels that America is following this policy only to let the struggling people of the democratic world realise that “there can be both freedom and food”. But what we want is our freedom and our food. That is possible only if we revive our old slogan of “Freedom from foreign food”. Dependence on foreign sources will impoverish and entangle us.

ECONOMIC DEMOCRACY

IF a vote for everyone is the touch-stone of political democracy, work for everyone is a measure of economic democracy. This right to work does not mean slave labour as in communist countries. Work should not only give a means of livelihood to a person but it should be of the choice of that person. If for doing that work the worker does not get a proper share in the national income, he would, be considered unemployed. From this point of view a minimum wage, a just system of distribution and some sort of social security are necessary.

  • Excerpts from Sri Deendayal Upadhyay on Aspects of Economics

 

Why BMS doesnt celebrate ‘May Day’ as Labour Day

– By Saji Narayanan CK.
-Courtesy Organiser 
“Why doesn’t BMS celebrate ‘May Day’ as Labour Day,” explains the national president of India’s biggest labour union
May Day is famously known as a commemoration of the agitation for 8 hour work which occurred in Chicago, US on May 1, 1886. But due to untoward handling of the issue, it ended in clash with Police and became known as a total failure in the history of labour struggle. Even before the incident, the Government had accepted the same demand and US Congress had passed a resolution on the same in 1868. The strike on May 1 was very peaceful and did not have anything special to be mentioned in labour history. The untoward violent incidents in Chicago happened not on May 1, but on 3rd and 4th which had no connection with the protest on May 1. The violence happened as a result of unhealthy competition between rival Trade Unions.
On May 3, the labourers of McCormick Harvesting Factory under the leadership of a weak Anarchist Communist group held strike and clashed with Police in which 4 labourers died. Next day they held a protest meet in the Haymarket Square which had to be dispersed because of heavy rain. Those who did not leave the place, threw a bomb on police and police fired back. In the fight, 4 labourers and 7 policemen died. Consequently, several leaders were in Jail and four leaders were hanged to death.
Thus the Trade Union movement which was fast growing in US met with a sudden fall. The struggle could not achieve anything. US labour movement rejected the violent Chicago incident. The US Trade Unions celebrated first Monday in every September as Labour Day. May Day was later celebrated in US as “Children’s Day”! Chicago is more known today for the historic speech of Swami Vivekananda on September 13, 1893. This was the first stage of May Day. Haymarket Square incident can be compared to the violent Chauri Chaura incident in India which strengthened our freedom struggle when Gandhiji took strong non compromising disciplinary stand against violence.
Great Communist Betrayal
The second stage reminds us of a great Communist betrayal of its followers. In 1889, the second Communist International that met in Paris decided to celebrate May 1 as Labour Day. But May Day became a contentious issue even in Communist International and finally in 1904 they dropped the idea of celebrating May Day anymore as Labour Day. It was celebrated for other political demands even though in Russia, Lenin urged people to celebrate May Day.
But when Hitler rose as an autocrat, Communists all over the world started celebrating May Day as “Anti Fascist day” from 1929 till 1940. Later, Russian Communist leader Stalin, when he had alliance with Hitler, the greatest dictator in History and who was responsible for World War II, had no other go but to stop celebrating it as “Anti Fascist Day”. So he betrayed Communists all over the world and asked them to start celebrating it as “Labour Day”. Thus the present way of celebrating May Day as Labour Day came into existence. It is being celebrated not only by Communists but also by non-Communists like INTUC, the Congress Trade Union not knowing the real story and falling in the Communist propaganda. Unlike many of the Indian Trade Unions, most of the Trade Unions in the world consider it as a matter of Communist betrayal and do not celebrate May Day as Labour Day. That is why BMS has chosen not to celebrate May Day as Labour Day. Instead it celebrates Vishwakarma Jayanti day as National Labour Day. Many States in India also have officially declared Vishwakarma Jayanti as Labour Day.
Work is a Yajna
Vishwakarma symbolises the dignity of labour which was given maximum respect by ancient India. India’s history of great personalities starts from the sacrifice of Vishwakarma who is believed to have created the Universe. He himself chose to be the Havis in a Yajna held to create the Universe (Rigveda 10.81.6). Thus he was raised to the status of a Deva. Rigveda (10.121) says he created earth, water, living creations etc. He was known as the great architect of Gods. He is also believed to be not merely a person. Those respectable personalities who served the society by their skilled work were all called ‘Vishwakarma’. Invention of many items mentioned in our ancient literature is attributed to him. The Sudarsan Chakra of Vishnu, Thrisula of Shiva, Spear of Kumara, the Chariot of Indra, Hastinapuri for Pandavas, Dwaraka of Sri Krishna, Indraloka, Vrindavan, Lanka, Pushpak Vimana etc. were all the creations of the genius of Vishwakarma. Vastu Architecture and all the Arts were his inventions. He was the first labourer in the world and was the Acharya of labour. Many people belonging to different caste divisions of labour, consider that they are the successors of Vishwakarma. He is a model for all the labourers.
His son Vritra was greedy and demonic in character and was the General of Hiranyakashipu. Vishwakarma himself created the special weapon to kill his son. Vritra was known to have been killed due to the great sacrifice of both Vishwakarma and Dadhichi. Another son Nala became a devotee of Sri Rama and he constructed the Sethu Bridge to go to Lanka.
Vishwakarma symbolises the paradigm shift in the present day thought process. Work is considered as a Yajna. Indian Industrial relations are traditionally based on family like relationship. BMS has accepted family as a model for industrial relations and put forward the great concept of ‘Industrial family’. This is in contrast with the master-servant relationship of the west or the class enemy concept of the Communists. We have imbibed the slogans “Tyag-Tapasya-Balidan”, “work is worship” “Nationalise the Labour” etc. from the life of great personalities like Vishwakarma. To bring uniformity, Vishwakarma Jayanti is celebrated on Septemeber 17 every year, since in many places it is celebrated both on Bhadrapada Shukla Panchami as well as on Magha Shukla Thrayodasi. May Day, imported from the west, fails to motivate labour positively where as Vishwakarma Jayanti can.
 
(The writer is National President of Bharatiya Mazdoor Sangh)