THE DEPUTY DIRECTOR OF PANCHAYATS IN EACH DISTRICT
ARE DIRECTED TO CO-ORDINATE AND MONITOR THE WORKING OF THE
CIVIL REGN SYSTEM IN THE DISTRICT.
GO(Rt)NO.2171/99///LAD Dated 5-7-99
Distrct Co-ordination Committee constituted for this consists..
Distrct Collector (Chairman)
Deputy Director of Panchayats (C0nvenor)
Asst. Director of Panchayats (Member)
Revenue Divisional Officer ( '' )
District Medical Officer ( " )
District Superintendent of Police( " )
Deputy Director of economics and Statistics ( " )
District Information Officer ( " )
Secretary- corporation,municipalities ( " )
Executive Officer Kannur
Cantonment ( " )
The main objective of the committee is to review the progress of civil registration programs in the district.
Friday, January 30, 2009
REGN OF B&D OCCURED BEFORE 01-04-1970
CIRCULAR OF CHIEF REGISTRAR DATED 19-06-1998.
As per the Full Bench Decision of the Kerala High Court in O.P.No. 1671/92 (KLT 1998(1) 683 ) the Births and Deaths occured before 01-04-1970-the date from which the B&D Regn Act came into force-can be registered if not regd in time under section 13(3).
In these cases the local registrar has to inquire into the correctness and the registers for 3 years previous and after the date of event to ascertain non-regn.
Sanction of RDO is essential and he is supposed to give sanction only after detailed inquiry.
As per the Full Bench Decision of the Kerala High Court in O.P.No. 1671/92 (KLT 1998(1) 683 ) the Births and Deaths occured before 01-04-1970-the date from which the B&D Regn Act came into force-can be registered if not regd in time under section 13(3).
In these cases the local registrar has to inquire into the correctness and the registers for 3 years previous and after the date of event to ascertain non-regn.
Sanction of RDO is essential and he is supposed to give sanction only after detailed inquiry.
Tuesday, January 27, 2009
OBAMA 'S OATH AS PDT OF USA
OBAMA TOOK OATH TWO TIMES
Much is their to learn for Americans from India ;atleast how to take oath of office-had it been the President's or the Panchayat Member's.
Suppose what had happened in that ceremony in USA had happened in a remote Grama Panchayat in Kerala in a ceremony of oath of office of the President or the members ...... I leave this for you to fill as your valuable comment.
Much is their to learn for Americans from India ;atleast how to take oath of office-had it been the President's or the Panchayat Member's.
Suppose what had happened in that ceremony in USA had happened in a remote Grama Panchayat in Kerala in a ceremony of oath of office of the President or the members ...... I leave this for you to fill as your valuable comment.
Monday, January 26, 2009
My Enrollement as Advocate
FRIENDS,
I AM VERY GLAD TO ANNOUNCE THAT I HAVE
ENROLLED AS AN ADVOCATE ON 25TH JANUARY 2009 .
TOOK OATH BEFORE THE HON'BLE JUDGE OF THE KERALA HIGH COURT
JUSTICE RAVEENDRAN IN AN AUGUST FUNCTION AT BAR COUNCIL HALL
ERNAKULAM.
I AM VERY GLAD TO ANNOUNCE THAT I HAVE
ENROLLED AS AN ADVOCATE ON 25TH JANUARY 2009 .
TOOK OATH BEFORE THE HON'BLE JUDGE OF THE KERALA HIGH COURT
JUSTICE RAVEENDRAN IN AN AUGUST FUNCTION AT BAR COUNCIL HALL
ERNAKULAM.
Wednesday, January 21, 2009
JUDGMENTS Contd......OF NAME CHANGE
Sri Sirijagan Honb'le Judge
In
W.P.(C) No.12752 of 2007
The petitioners seek correction of name of their child in the birth register from John Francy as Allen John Francy.Court held that it is clear that the entry in the birth register is not by mistake but as per the information supplied by the petitioners themselves. That being so the remedy available is to change the name of the child by publishing in the official gazette.
2008(2) KLT
Honb'le Mr Justice Pius C. Kuriakose
in
Varghese Vs Director of Panchayats
on 10-03-2008
After hearing both the parties the court held like this :
" The power of the Registrar to make corrections in the names of persons by virtue of Sec.15 after conducting enquiry as envisaged by R.12 of the registration Births and Deaths Rules,1990 cannot be in doubt especially in the light of circular No. B1- 2815/2007 dated 7/11/2007 of the Chief Registrar,which is binding on the 2nd Resp- the Gr Pt Secretary, cannot be in doubt. What the 2nd respondent contends is that he is not prepared to construe the original entry as erroneous since the same was made on the basis of a joint application filed 5 years after the child's birth was reported by the hospital to the corporation. To err is human and when the father of the child declares that the name of the child entered on the basis of joint application was erroneous I do not find Abby special circumstances to suspect on the bonafides of the request of the petitioner and I direct the 2nd respondent to change the name of child of the petitioner as Niya Varghese from Neenu Varghese.
(ddpkollam.blogspot.com)
In
W.P.(C) No.12752 of 2007
The petitioners seek correction of name of their child in the birth register from John Francy as Allen John Francy.Court held that it is clear that the entry in the birth register is not by mistake but as per the information supplied by the petitioners themselves. That being so the remedy available is to change the name of the child by publishing in the official gazette.
2008(2) KLT
Honb'le Mr Justice Pius C. Kuriakose
in
Varghese Vs Director of Panchayats
on 10-03-2008
After hearing both the parties the court held like this :
" The power of the Registrar to make corrections in the names of persons by virtue of Sec.15 after conducting enquiry as envisaged by R.12 of the registration Births and Deaths Rules,1990 cannot be in doubt especially in the light of circular No. B1- 2815/2007 dated 7/11/2007 of the Chief Registrar,which is binding on the 2nd Resp- the Gr Pt Secretary, cannot be in doubt. What the 2nd respondent contends is that he is not prepared to construe the original entry as erroneous since the same was made on the basis of a joint application filed 5 years after the child's birth was reported by the hospital to the corporation. To err is human and when the father of the child declares that the name of the child entered on the basis of joint application was erroneous I do not find Abby special circumstances to suspect on the bonafides of the request of the petitioner and I direct the 2nd respondent to change the name of child of the petitioner as Niya Varghese from Neenu Varghese.
(ddpkollam.blogspot.com)
Monday, January 19, 2009
RELATED JUDGMENTS ON B&D
20039(1) KLJ 781
Kerala Regn of Births and Deaths Rules 1999- Rule 11(2) . When there is corroborating evidence like the hospital records to support the entry in the birth register the Registrar is not bound to act upon the assertion of the applicant or the declaration of the persons claims to have knowledge about the date of birth.
...... among other things the learned counsel for the appellant submitted that if the appellant's date of birth is not corrected in the Birth Register of Kottayam Municipality he will not be able to apply for a Green Card in the U S A as the date of birth shown in his passport is different from the date of birth recorded in the birth register of Municipality. The Hon'ble court held that influenced by such sympathetic considerations the court cannot direct the statutory authorities to act against the statutory provisions.
ANOTHER JUDGMENT.
IN THE HIGH COURT OF KERALA, THE HONB'LE CHIEF JUSTICE Mr.V.K.BALI&THE HONB'LE JUSTICE Mr.JUSTICE P.R.RAMAN on 22nd June 2006.
The petitioners had filed the writ petition seeking for a direction that the name of their daughter mentioned as Lakshmi Priya Suresh be corrected as Lekshmi Priya S. Menon.Learned single Judge while observing that there was no error sought to be rectified and in fact, there was a change in the name of the child which cannot be done as a correction of error on the birth certificate under any statutory provision.The court observed that "only the caste of the father of the child was to be Incorporated in the register. This cannot be said to be a change of name and direct the Registrar yo make a correction in the name of the child as Lekshmi Priya . Menon."
More case laws tomarrow...
Kerala Regn of Births and Deaths Rules 1999- Rule 11(2) . When there is corroborating evidence like the hospital records to support the entry in the birth register the Registrar is not bound to act upon the assertion of the applicant or the declaration of the persons claims to have knowledge about the date of birth.
...... among other things the learned counsel for the appellant submitted that if the appellant's date of birth is not corrected in the Birth Register of Kottayam Municipality he will not be able to apply for a Green Card in the U S A as the date of birth shown in his passport is different from the date of birth recorded in the birth register of Municipality. The Hon'ble court held that influenced by such sympathetic considerations the court cannot direct the statutory authorities to act against the statutory provisions.
ANOTHER JUDGMENT.
IN THE HIGH COURT OF KERALA, THE HONB'LE CHIEF JUSTICE Mr.V.K.BALI&THE HONB'LE JUSTICE Mr.JUSTICE P.R.RAMAN on 22nd June 2006.
The petitioners had filed the writ petition seeking for a direction that the name of their daughter mentioned as Lakshmi Priya Suresh be corrected as Lekshmi Priya S. Menon.Learned single Judge while observing that there was no error sought to be rectified and in fact, there was a change in the name of the child which cannot be done as a correction of error on the birth certificate under any statutory provision.The court observed that "only the caste of the father of the child was to be Incorporated in the register. This cannot be said to be a change of name and direct the Registrar yo make a correction in the name of the child as Lekshmi Priya . Menon."
More case laws tomarrow...
Thursday, January 15, 2009
REGISTRATION OF BIRTHS&DEATHS contd...1
BIRTH REGISTRATION.....WHY?
....................children's admission in schools
....................youth's employment
....................establish right over properties
...................establish nationality
...................obtain passport
...................inclusion of name in voter's list
..................obtain ration card
..................obtain various benefits from Government
ensure registration of birth correctly
obtain certificate freely.
BIRTH CERTIFICATE IS EVERY CHILD'S BIRTH RIGHT.
DEATH REGISTRATION ....................WHY?
----------------------establish heirship
----------------------obtain Insurance
----------------------find out reason of death
----------------------obtain benefits to deceased's relatives
ensure registration of Death promptly.
obtain certificate of registration freely.
WHERE TO REGISTER THE EVENTS
In the Panchayat/Municipality/Corporation-where the event occured.
The Secretary in GramPanchayats, the Health Officer in Corporations and the Health Inspector in Municipalities are the LOCAL REGISTRARS.
....................children's admission in schools
....................youth's employment
....................establish right over properties
...................establish nationality
...................obtain passport
...................inclusion of name in voter's list
..................obtain ration card
..................obtain various benefits from Government
ensure registration of birth correctly
obtain certificate freely.
BIRTH CERTIFICATE IS EVERY CHILD'S BIRTH RIGHT.
DEATH REGISTRATION ....................WHY?
----------------------establish heirship
----------------------obtain Insurance
----------------------find out reason of death
----------------------obtain benefits to deceased's relatives
ensure registration of Death promptly.
obtain certificate of registration freely.
WHERE TO REGISTER THE EVENTS
In the Panchayat/Municipality/Corporation-where the event occured.
The Secretary in GramPanchayats, the Health Officer in Corporations and the Health Inspector in Municipalities are the LOCAL REGISTRARS.
Wednesday, January 14, 2009
LEFT TO FEND FOR HERSELF
SALMA THAKREY BRACES FOR LIFE AFTER HER PARTNER'S DEATH AT THE HANDS OF TERRORISTS.
You might have read this caption in today's daily THE HINDU.
I was in the detailed reading of it before sleep,after closing my blog as told in the previous.
"Sunil and Salma were run away victims for ill treatment at home.They met at Mumbai. Lived together. Salmas children called him father.He run a tea stall near CST gate. Shot dead by terrorists that day on November 2008.. Salma lost everything."
After Sunils death the couple's un-married status became a major problem for everything including the meagre compensation.They thought..when they have accepted in hearts, what is the point in marrying?
Had there been a marriage certificate or at least a registration under any statutory rule... things would have been different.
What needs change ...The Acts and Rules or what? Please comment.
You might have read this caption in today's daily THE HINDU.
I was in the detailed reading of it before sleep,after closing my blog as told in the previous.
"Sunil and Salma were run away victims for ill treatment at home.They met at Mumbai. Lived together. Salmas children called him father.He run a tea stall near CST gate. Shot dead by terrorists that day on November 2008.. Salma lost everything."
After Sunils death the couple's un-married status became a major problem for everything including the meagre compensation.They thought..when they have accepted in hearts, what is the point in marrying?
Had there been a marriage certificate or at least a registration under any statutory rule... things would have been different.
What needs change ...The Acts and Rules or what? Please comment.
REGISTRATION OF BIRTHS AND DEATHS'
AFTER MARRIAGE WE ARE GOING TO DISCUSS THE CHANGES IN THE
REGISTRATION OF BIRTHS & DEATHS ACTS AND RULES.
The Registration of Births and Deaths Act was enacted in 1969 and the Rules made in 1970 was replaced entirely be The Kerala Registration of Births and Deaths Rules,1999, which came into force w.e.f.1-1-2000.
I am not going to cite all the sections or all the rules there in.
What is required is the latest changes or all the changes which led to the present system of formalities or manner..okay?
So let us see what all changes have been brought there or how far the regulations have been simplified.
It is very late now.
I will write tomarrow.
REGISTRATION OF BIRTHS & DEATHS ACTS AND RULES.
The Registration of Births and Deaths Act was enacted in 1969 and the Rules made in 1970 was replaced entirely be The Kerala Registration of Births and Deaths Rules,1999, which came into force w.e.f.1-1-2000.
I am not going to cite all the sections or all the rules there in.
What is required is the latest changes or all the changes which led to the present system of formalities or manner..okay?
So let us see what all changes have been brought there or how far the regulations have been simplified.
It is very late now.
I will write tomarrow.
Tuesday, January 13, 2009
HINDUS---OF FOREIGN CITIZENSHIP
CAN THE MARRIAGE OF HINDUS OF FOREIGN CITIZENSHIP BE REGISTERED
OneSmt.Vinaya Nair filed WP(C) No.22189/05 in the Hon'ble High Court of Kerala against the Cochin Corporation regarding the registration of amarriage without considering the domicile of the parties.It has been ordered that "since both the parties are hindus ,theprovisions of sec.5 of The Hindu Marriage Act 1955 has been applied,and the marriage was solemnised as per hindu rites domicile as under sec.2(1) need not be attracted.And in such cases the marriage can be registered as per the provisions of The Hindu Marriages Registration Act 1955."
Accordingly the Director of Panchayats who is also the Registrar General of Marriages has issued a circular on 28-03-2008 that the marriages between two Hindus can be registered under the Hindu Marriage Act 1955 without considering the domicile of the parties.
OneSmt.Vinaya Nair filed WP(C) No.22189/05 in the Hon'ble High Court of Kerala against the Cochin Corporation regarding the registration of amarriage without considering the domicile of the parties.It has been ordered that "since both the parties are hindus ,theprovisions of sec.5 of The Hindu Marriage Act 1955 has been applied,and the marriage was solemnised as per hindu rites domicile as under sec.2(1) need not be attracted.And in such cases the marriage can be registered as per the provisions of The Hindu Marriages Registration Act 1955."
Accordingly the Director of Panchayats who is also the Registrar General of Marriages has issued a circular on 28-03-2008 that the marriages between two Hindus can be registered under the Hindu Marriage Act 1955 without considering the domicile of the parties.
Hindu Marriage Regn Rules Cont.........
The Govt of Kerala appointed the Deputy Directors of every Revenue District as the District Registrars for exercising the powers conferred under the Ker
ala Hindu Marriage Registration Rules 1957.
Ref:-G.O.(P) No.21/2006/Law Dated 2-2-2006.
S R O No.105/2006.
Another is an interesting story which found space in the regional dailies.
Smt.Nitya Das weds Sri.Arvind Singh Jamwal
Nitya is a Malayalam film actress
Whether this can be registered was got clarified from Govt. that since this marriage was solemnised between two Hindus as per Hindu rites in a place where this Act has been extended this marriage can be registered as per the Kerala Hindu Marriages Registration Act 1955.
ala Hindu Marriage Registration Rules 1957.Ref:-G.O.(P) No.21/2006/Law Dated 2-2-2006.
S R O No.105/2006.
Another is an interesting story which found space in the regional dailies.
Smt.Nitya Das weds Sri.Arvind Singh Jamwal
Nitya is a Malayalam film actress
Whether this can be registered was got clarified from Govt. that since this marriage was solemnised between two Hindus as per Hindu rites in a place where this Act has been extended this marriage can be registered as per the Kerala Hindu Marriages Registration Act 1955.
Hindu Marriage Act 1955 contd........
HINDU MARRIAGE ACT 1955.............. Let's see what amendments are there.
The first I got is an amendment made to the Kerala Hindu marriage Registration Rules 1957.
In OP No. 12980 0f 1997 the Hon'ble High Court observed that the time frame has to be strictly followed. The Director of Panchayats has proposed to amend Rule 6 by relaxing the the time limit of 15days specified for registration. As per this the Local Registrar may entertain an application received after 15 days but with in 30 days;if he is saytisfiedthat there is sufficient ground forthe delay.
Ref:-G.O.(P) No.92/2001/Law Dated ) 02-02-2001.
Monday, January 12, 2009
THE KERALA HINDU MARRIAGE ACT, 1955
THE HINDU MARRIAGE ACT,1955 enacted on 18th May 1955 applies to any person who is a HINDU, BUDDHIST, JAINA or SIKH.
AND to any other person who is not a Muslim, Christian, Parsi, or Jew by religion.
AND to any other person who is not a Muslim, Christian, Parsi, or Jew by religion.
Thursday, January 8, 2009
Marriage regn rules contd.....
What the Registrar shall do on receipt of memorandums.
----------collect prescribed fee for regn., verify it's entry for accuracy,then enter the particulars in the Register of Marriages(Common) [Form No.III]
..................issue certificate after realising fee of Rs.5/-[Form No.IV]
Separate registers with separate registration numbers shall be used for every calender year.
FOR CORRECTIONS AND CANCELLATIONS.
Sanction of Registrar General is required for correction in material particulars like name, age, date etc.,and for cancellations.Corrections and cancellations shall be done after giving an opportunity to hear the concerned parties.Erroneous entries either- suo motu or on application by the parties - can be corrected or cancelled by the Registrar.
For corrections on application a fee of Rs.100/- can be levied.
These are some of the important provisions of the Rule.There are some FAQs which still remain un answered.One clarification given is regarding the filing of memorandum.
The Govt. by letter No.25168/RC3 dated 16-04-2008 clarified that even if the memorandum is sent by post the parties should present before the Registrar to get the marriage registered ;since they have to sign in the Register.
Some FAQs later..................okay go through this and send your suggestions and queries either by mail or by comments.
NEXT THE HINDU MARRIAGE REGISTRATION.......
----------collect prescribed fee for regn., verify it's entry for accuracy,then enter the particulars in the Register of Marriages(Common) [Form No.III]
..................issue certificate after realising fee of Rs.5/-[Form No.IV]
Separate registers with separate registration numbers shall be used for every calender year.
FOR CORRECTIONS AND CANCELLATIONS.
Sanction of Registrar General is required for correction in material particulars like name, age, date etc.,and for cancellations.Corrections and cancellations shall be done after giving an opportunity to hear the concerned parties.Erroneous entries either- suo motu or on application by the parties - can be corrected or cancelled by the Registrar.
For corrections on application a fee of Rs.100/- can be levied.
These are some of the important provisions of the Rule.There are some FAQs which still remain un answered.One clarification given is regarding the filing of memorandum.
The Govt. by letter No.25168/RC3 dated 16-04-2008 clarified that even if the memorandum is sent by post the parties should present before the Registrar to get the marriage registered ;since they have to sign in the Register.
Some FAQs later..................okay go through this and send your suggestions and queries either by mail or by comments.
NEXT THE HINDU MARRIAGE REGISTRATION.......
Wednesday, January 7, 2009
Marriage Regn... continues
I got time enough to discuss more about Regn. of Marriages(Common) Rules.
Okay let's continue...
We have discussed about the authorities and the jurisdiction.
Now let's see the formalities for registration
Okay let's continue...
We have discussed about the authorities and the jurisdiction.
Now let's see the formalities for registration
- Local Registrar's headache is to maintain prescribed registers.
Procedure and time limit for Regn.(Rule9)
- Parties to marriage to prepare and sign the memorandum in duplicate in Form no.1 before submitting to the registrar.
- Two seperate sets of photos to be produced.
- Time limit of 45 days from the date of marriage to be followed for regn.
- There must be 2 witnesses to sign in the memorandum.
- A document in token of solemnization of marriage to be appended.
- Regn fee is only Rs.10/-.
- Local registrar can register marriages delayed upto one year after realising a fine of Rs.100/-.
In such cases memorandum to be followed by a declaration from a Gazetted Officer/MP/MLA/Panchayat Member, in form no.II OR any other document to prove solemnization of marriage to thesatisfaction of the registrar.
What if not regd. in one year?
---with the sanction of the Registrar General concerned.(DDPs and Regional Joint Directors)
---Fine...Rs.250/- only.
The above condition of document in Form II also applies.
The duties and responsibilities of Local Registrars later ...okay..
The Kerala Registration of Marriages(Common)Rules,2008.
The Hon'ble Supreme Court of India, in it's judgment dated 14-02-2006, in Seema Vs Ashwinikumar, has directed allState Govts. to isue Rules for making registration of marriages solomnized in the states compulsory irespective of the religion.
The Govt. of Kerala after considering objections and suggestions published "The Kerala Registration of Marriages (Common) Rules 2008" as per G.O.(P)No.1/2008/Law Dated 29th February,2008.
In this:-
The Director of Panchayats is.......The Chief Registrar General of Marriages(Common)
The Deputy Director of Panchayats are...Registrar General in each District
The Joint Director of Urban Affairs are....Registrar General for Urban areas.
The Registrars of Births and Deaths are...Local Registrars of Marriages(Common) in their respective jurisdiction.
As per Rule 6 Allmarriages solemnized after the commencement of these Rules shall be registered compulsorily irrespective of religion of parties.; but those prior to this is optional.
Marriages are to be registered with the local registrar within the local area of whose jurisdiction the marriage is solomnized.
More next time.
isue Rules for making registration of marriages solomnized in the states compulsory irespective of the religion.The Govt. of Kerala after considering objections and suggestions published "The Kerala Registration of Marriages (Common) Rules 2008" as per G.O.(P)No.1/2008/Law Dated 29th February,2008.
In this:-
The Director of Panchayats is.......The Chief Registrar General of Marriages(Common)
The Deputy Director of Panchayats are...Registrar General in each District
The Joint Director of Urban Affairs are....Registrar General for Urban areas.
The Registrars of Births and Deaths are...Local Registrars of Marriages(Common) in their respective jurisdiction.
As per Rule 6 Allmarriages solemnized after the commencement of these Rules shall be registered compulsorily irrespective of religion of parties.; but those prior to this is optional.
Marriages are to be registered with the local registrar within the local area of whose jurisdiction the marriage is solomnized.
More next time.
Introducing.......
Hei every body,
I am SR. Ravi Nair
I have started a new BLOG
My experience in this is what I got from the Deputy Directorate, Kollam
while I worked there.
Through this I intend to convey important Rules and Govt. orders of much importance to the common public and ofcourse to those working in the dept. of local self govt.
Okay, let me first introduce the recent Registration of Marriages (Common)Rules 2008.
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