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CHAPTER VI
DOMICILE
1. Constitutional provisions.
(i) No citizen shall, on grounds only for religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment
or office under the State. [Article 16(2) of the Constitution.]
(ii) Parliament may by law prescribe, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union Territory, any requirements as to residence within that State or Union Territory prior to such employment or appointment. [Article 16(3) of the Constitution.]
- Standard rules (i) A candidate for appointment to any Central Service or post must be—
(a) a citizen of India, or (b) a subject of Nepal, or (c) a subject of Bhutan, or (d) a Tibetan refugee who came over to India before the 1st January,^
1962, with the intention of permanently settling in India, or (e) a person of Indian origin who has migrated from Pakistan. Burma, Sri Lanka, East African Countries of Kenya, Uganda, the United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam (amended by OM dated 19-6-1978) with the intention of permanently settling in India.
(1) Provided that a candidate belonging to categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of India.
(2) Provided further that candidates belonging to categories (b), (c) and (d) above will not be eligible for appointment to the Indian Foreign Service. (ii) A candidate in whose case a certificate of eligibility is necessary may be admitted to in examination or interview conducted by the Union Public Service Commission or other recruiting authority but the offer of appointment may be given only after the necessary eligibility certificate has been issued to him by the Government of India. [DOPELAR Resin. No. 15014/3 (S) /76-Estt(B), dt. 1-3-1977.
- Eligibility Certificate (1) Necessary for candidates belonging to categories (b),^
(c). (d) and (e) mentioned in paragraph 2(i) above. flvTRA Resin. No. F.11/11 /65-Ests(B). dt. 9-9-65 as amended by Re--sin. No.^ F.11/11/65- Ests(B), dt. 18-7-67 and Resin. No. 15014./3(S) /76-Ests(B), dt. 1-3-77.]. Not necessary for the fo1lowim , categories of nercnrs Persons who migrated to India from Pakistan before the 19th July. 1948 and have beer ordinarily resident in the territory of^ India since the date of mifration. (Such persons are deemed to be citizens of Twill at the commencement of the Constitution) (Article 6(a) & (b) (i)• of the Constitution "! 145
( 7.‘ ( i)
(ii) Non-Citizens who entered service under the Union before the commencement of the Constitution viz., 26th January, 1950, and continued in service since then. Any such person who re-entered, or may re-enter, such service with a break after 26-1-50, will however require a certificate of eli (^) gibility in the usual way. [MBA OM No. 43/21/51-Ests. dt. 27-3-51 (para (3) (^) The eligibility certificate will be issued by the Department of Personnel and Training in the prescribed form (Annerure).
[MHA OM No. 43/21/51-Ests, dt. 19-2-51.] (4) (^) Not necessary to insist on prior production of certificates of eligibility. Proper course
is to consider the application of a candidate on merits and select and/or appoint him on a provi- sional basis, pending issue of the necessary certificate in his favour by the Department of Personnel & Training. Steps should, however, be taken at the same time to verify the character and antece- dents of the candidate and thereafter to make reference to the Department of Personnel and Training (which should invariably be through the Ministry concerned in the case of subordinate offices) without delay for the issue of the necessary certificate. A candidate so appointed on a provisional basis should, however, be required to sign an undertaking in the following form :-
"I understand that my appointment to the post of (^) is purely provisional
pending the issue of a certificate of eligibility in my favour and that in the event of such
a certificate being refused by appointment shall stand cancelled. [MHA OM No. 43/24/50-Ests., dt. 19-7-50.] (5) (^) Following particulars should be invariably given in respect of the persons concerned while forwarding any proposals to the Deptt. of Personnel and Training for issue of certificate of eligibility :-
(1) Name (2) Father's Name. (3) (^) State, territory, etc. of which he is a subject or to which he belongs (^) or his nationality. (4) Post/Service and office in which appointed. (5) Date of appointment. (6) (^) Whether appointed in a (^) purely temporary capacity, (^) for a definite (^) period, for an indefi, nice period or in a permanent capacity. (7) (^) Whether (^) character and antecedents have been verified and found satisfactory. 1141-1A OM No. 43/21/51-Ests., dt. 19-2-51, OM No. 43/24/50-Eats, dt. 19-7-50.]
4. (^) Provision for determination of Domicile. 1. A person can have only one domicile. 2. The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled, or if he is a posthumous child. in the country in which his father was domiciled at the time of the father's death. 3. The domicile of origin of an illegitimate child is in the country in which at the time of his birth his mother was domiciled. 4. The domicile of origin prevails until a new domicile has been acquired, a new domicile continues until the former domicile has been resumed or another has been acquired. 5. (1) A person acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin (^).
(2) Any person may. if the law of any count-v so provides. and subject to any such provisions, acquire a domicile in the country by making in accordance with the said provisions a declaration of his desire to acquire such domicile.
ANNEXURE GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL AND A. R.
CABINET SECRETARIAT Serial No. File No New Delhi, dated
CERTIFICATE OF ELIGIBILITY
In pursuance of para 3 of the Ministry of Home Affairs Resolution No. 11 /11-65-ESTS(B) dated the
9-9-1965 the President is pleased to direct that
son/daughter/wife of being a subject/native of shall be eligible to hold any civil office in connection with the affairs of the Union with effect from the
Under Secretary to the Government of India
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