7th CPC Allowances Order: Abolishment of Sumptuary Allowance - DoPT OM

No. 17014/2/2014-Trg.(7th CPC)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

Block-IV, Old JNU Campus, New Delhi.

Date: July 25th 2017

OFFICE MEMORANDUM

Subject: Implementation of the recommendations of 7th Central Pay Commission - abolishment of Sumptuary Allowance.

Consequent upon the acceptance of the recommendations of Seventh Central Pay Commission by the Government conveyed vide Ministry of Finance, Department of Expenditure Resolution No. 11-1/2016-IC dated July 6, 2017, the President, in supersession of all existing orders issued on the subject from time to time, is pleased to decide that Sumptuary Allowance in all the Training Establishments/ Academies/ Institutes stands abolished.

2. These orders shall be effective from 1st July, 2017.

3. In so far as the employees working in the Indian Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General.

(Biswajit Banerjee)

Under Secretary to the Government of India.

Source: Download Original PDF from DoPT

181 New Post Offices will be opened in this fiscal-Manoj Sinha : PIB Report

The Government has planned to open 81 Sub-Post Offices and 100 Branch Post Offices during the current financial year 2017-18 under the Scheme – “Rural Business & Access to Postal Network”. Minister of Communications Shri Manoj Sinha said in a written reply to a question in the Lok Sabha today that the Department of Posts has also planned to open 66 Branch Post Offices by creation of new posts in 32 worst affected Left Wing Extremism (LWE) districts in the country under the aforesaid scheme in the current financial year. 

Shri Sinha informed that out of 25,350 post offices in the States of the Country, 25,348 are computerised. He said that the Department of Posts takes action, from time to time, to induct technology and upgrade the system to cater to the growing market requirements and to increase revenue earnings. The Minister said that the increase or revision of rates of postal products and services is an ongoing exercise carried out from time to time and that there is no proposal to increase the rates of premium Business Development products at present...PIB

Amendment to the Rule 170(1) of General Financial Rules (GFR), 2017

No.F.20/2/2014-PPD(Pt.)

Government of India 

Ministry of Finance 

Department of Expenditure 

Procurement Policy Division

516, Lok Nayak Bhawan,

New Delhi

Dated : 25.07.2017.

OFFICE MEMORANDUM

Subject: Amendment to the Rule 170(1) of General Financial Rules (GFR), 2017.

The reference of Department of Industrial Policy & Promotion (DIPP) to exempt Startups from submitting Earnest Money Deposit (EMD) has been considered and it has been decided to revise the Rule 170(i) of GFRs, 2017 regarding Sid Security’ as under:

“Revised Rule 170 (1): To safeguard against a bidder’s withdrawing or altering its bid during the bid validity period in the case of advertised or limited tender enquiry, Bid Security (also known as Earnest Money) is to be obtained from the bidders except Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by Department of Micro, Small and Medium Enterprises (MSME) or are registered with the Central Purchase Organisation or the concerned Ministry or Department or Startups as recognised by Department of Industrial Policy & Promotion (DIPP). The bidders should be asked to furnish bid security along with their bids. Amount of bid security should ordinarily range between two percent to five percent of the estimated value of the goods to be procured. The amount of bid security should be determined accordingly by the Ministry or Department and indicated in the bidding documents. The bid security may be accepted in the form of Account Payee Demand Draft, Fixed Deposit Receipt, Banker’s Cheque or Bank Guarantee from any of the Commercial Banks or payment online in an acceptable form, safeguarding the purchaser’s interest in all respects. The bid security is normally to remain valid for a period of forty-five days beyond the final bid validity period.”

2.This OM is also available on our website http://doe.gov.in -> Notification ->Circular –> Procurement Policy OM.

3. Hindi version of this OM will follow.

S/d,

(Vinaya1 T. Likhar)

Under Secretary to the Govt. of India

Tel.No.2462 1305.

To

All Secretaries & Financial Advisers of Ministries/ Departments of the Government of India.

Simplification in procedure for getting passports - Total number of Annexes has been reduced to 9 from the present 15. Annexes

GOVERNMENT OF INDIA

MINISTRY OF EXTERNAL AFFAIRS

RAJYA SABHA

UNSTARRED QUESTION NO-495

ANSWERED ON-20.07.2017

Simplification in procedure for getting passports

495 . Shri Ranjib Biswal

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

(a) whether Government has decided to print personal details of individuals on passports, both in Hindi and English;

(b) if so, the details thereof;

(c) whether Government proposes to reduce passport fee for children and elderly people and if so, the details thereof; and

(d) the other steps taken by Government to simplify the procedure for getting passports?

ANSWER

THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS

[GEN. (DR) V. K. SINGH (RETD)]

(a) & (b) Yes. The Government has decided to print personal details on passports in both Hindi and English languages. The pre-printed portion of the passport is already in Hindi and English languages.

(c) Yes. The Government has implemented with effect from 24 June, 2017 a new scheme under which senior citizens of the age of 60 years and above and minor children upto the age of eight years would be given a discount of 10 per cent on the applicable passport fee on fresh application for passports.

(d) The Government has taken several steps to simplify the procedure for getting passports by general public. These involve simplification of the passport rules and outreach to the people in the delivery of passport related services. The steps taken in this direction are as follows:

A. Outreach

(i) The Government has opened 14 Passport Seva Kendras (PSK) since May 2014 which includes all the States in the North East of India. Two more PSK at Siliguri in West Bengal and at Sholapur in Maharashtra are scheduled to be inaugurated shortly to take the total number of PSK in the country to 93.

(ii) The Ministry of External Affairs in association with the Department of Posts has taken an innovative initiative and has decided to open Passport Offices at the Head Post Offices (HPO) in the country called ‘Post Office Passport Seva Kendra’ (POPSK). The Government has announced the opening of 235 POPSK in two phases – 86 in Phase-I and 149 in Phase-II. 55 POPSK out of the 86 announced in Phase-I have become functional as on 15 July, 2017. With the addition of 235 POPSKs, the total number of Passport Seva Kendras including POPSK to have been set-up since May 2014 for the benefit of the citizens would be 251.

(iii) There will be 93 PSK and 235 POPSK after the operationalization of all the PSK and POPSK announced in Phases I and II. The Government intends to open POPSK in the HPO in the country in such a manner that Passport Seva Kendra facility is available to citizens within a radius of 50 kms.

B. Simplification of rules

In order to streamline, liberalize and ease the process of issue of passport, the Ministry of External Affairs has announced steps in the realm of passport policy to ease the process of issue of passports. The details of these steps are given below:-

(I) Documents in support of proof of Date of Birth

As per the extant statutory provisions of the Passport Rules, 1980, all the applicants born on or after 26/01/1989, in order to get a passport, had to, hitherto, mandatorily submit the Birth Certificate as the proof of Date of Birth (DOB). It has now been decided that all applicants of passports can submit any one of the following documents as the proof of DOB while submitting the passport application:

(i) Birth Certificate (BC) issued by the Registrar of Births & Deaths or the Municipal Corporation or any other prescribed authority whosoever has been empowered under the Registration of Birth & Deaths Act, 1969 to register the birth of a child born in India;

(ii) Transfer/School leaving/Matriculation Certificate issued by the school last attended/recognized educational board containing the DOB of the applicant;

(iii) PAN Card issued by the Income Tax Department with the DOB of applicant;

(iv) Aadhaar Card/E-Aadhaar having the DOB of applicant;

(v) Copy of the extract of the service record of the applicant (only in respect of Government servants) or the Pay Pension Order (in respect of retired Government Servants), duly attested/certified by the officer/in-charge of the Administration of the concerned Ministry/Department of the applicant, having his DOB;

(vi) Driving license issued by the Transport Department of concerned State Government, having the DOB of applicant;

(vii) Election Photo Identity Card (EPIC) issued by the Election Commission of India having the DOB of applicant;

(viii) Policy Bond issued by the Public Life Insurance Corporations/Companies having the DOB of the holder of the insurance policy.

II. Other steps:

(i) The online passport application form now requires the applicant to provide the name of father or mother or legal guardian, i.e., only one parent and not both. This would enable single parents to apply for passports for their children and to also issue passports where the name of either the father or the mother is not required to be printed at the request of the applicant.

(ii) The total number of Annexes prescribed in the Passport Rule, 1980, has been reduced to 9 from the present 15. Annexes A, C, D, E, J, and K have been removed and certain Annexes have been merged.

(iii) All the annexes that are required to be given by the applicants would be in the form of a self-declaration on a plain paper. No attestation/swearing by/before any Notary/Executive Magistrate/First Class Judicial Magistrate would be henceforth necessary.

(iv) Married applicants would not be required to provide the erstwhile Annexure K or any marriage certificate.

(v) The passport application form does not require the applicant to provide the name of her/his spouse in case of separated or divorced persons. Such applicants for passports would not be required to provide even the Divorce Decree.

(vi) In case of children not born out of wedlock, the applicant for the passport of such children should submit only extant Annexure C while submitting the passport application.

(vii) In case of issue of passport to in-country domestically adopted children, submission of the registered adoption deed would no longer be required. In the absence of any deed to this effect, the passport applicant may give a declaration on a plain paper confirming the adoption.

(vii) Government servants, who are not able to obtain the Identity Certificate (extant Annexure-A)/ No-Objection Certificate (extant Annexure-G) from their concerned employer and intend to get the passport on urgent basis can now get the passport by submitting a self-declaration in extant Annexure-‘H’ that he/she has given prior Intimation Letter to his/her employer informing that he/she was applying for an ordinary passport to a Passport Issuing Authority.

(viii) Sadhus/ Sanyasis can apply for a passport with the name of their spiritual Guru mentioned in the passport application in lieu of their biological parent(s) name(s) subject to their providing of at least one public document such as Election Photo Identity Card (EPIC) issued by the Election Commission of India, PAN card, Aadhaar Card, etc wherein the name of the Guru has been recorded against the column(s) for parent(s) name(s).

(ix) Orphaned children who do not have any proof of DOB such as Birth Certificate or the Matriculation Certificate or the declaratory Court order, may now submit a declaration given by the Head of the Orphanage/Child Care Home on their official letter head of the organization confirming the DOB of the applicant.

GSR 1170(E) and 1171(E) dated 26.12.2016 and other executive instructions have been issued bringing into force these changes with effect from 26 December, 2016. All the above changes are expected to benefit the citizens of India applying for a passport.

C. Others

(i) An applicant for a passport has to submit any one of the documents as mentioned in B (I) above as proof of Date of Birth (DOB) while submitting the passport application. The DOB mentioned in the document would be recorded in the passport. In case there is a discrepancy between the DOB previously recorded in the passport and the new proof of DOB submitted by the applicant, the Passport Issuing Authorities (PIA) have been authorized to consider the explanation of each applicant seeking change in the DOB (irrespective of the period that would have lapsed after the issue of the passport) to find the genuineness of the claim and if the PIA is satisfied with the claim and with the document(s) submitted by the applicant in support of the claim, the PIA shall accept all such requests made by the applicant to issue the passport with revised DOB.

(ii) Police Verification of the applicants plays an important role in timely dispatch of passports. The Ministry along with the Passport Offices continues to engage closely with the Police Departments across States/Union Territories and with concerned Home Departments to reduce time taken in police verification.

(iii) In order to speed up passport issuance, Walk-in facility has been allowed for certain categories of services/ citizens having Application Registration Number (ARN) to enable them to apply for Tatkaal services ; issue of Police Clearance Certificate (PCC); deletion of Emigration Check Required(ECR) status; inclusion of name of spouse in passport and new booklets where pages have been exhausted. Senior citizens (above 60 years); minors below 15 whose parents hold valid passports; differently-abled persons; central/state government servants and their spouse/dependent minor children, have also been permitted walk-in facility.

(iv) With a view to meet heavy and seasonal demand for passport services, Passport Melas are being organized on weekends from time to time by Passport Offices.

(v) In order to provide closer and speedier passport services to people located far away from PSKs, Passport Seva Camps are being organized at various locations in the country.

(viii) Passport Adalats, on need basis, are also being conducted by Passport Offices to redress passport service grievances by dealing with citizens directly.

ENGLISH VERSION HINDI_VERSION

CWC Shimla notification

ALL INDIA ASSOCIATION OF INSPECTORS AND ASSISTANT SUPERINTENDENTS, POSTS

CHQ Qtr. No. 12, P & T Colony, Khurshid Square, Civil Lines, Delhi 110 054.

Nirmalya Mitra  President ADPS (FS) o/o CPMG WB Circle Kolkata 700012 (M) 09433395342

Vilas Ingale General Secretary Superintendent of POs Palghar Division Mira Road 401107 (M) 09869417961

Yadagiri G. Nyalapelli Treasurer Assistant Sudpt. Posts o/o PMG, Mumbai Region Mumbai 400001 (M) 09869143819

No. CHQ/AIAIPASP/CWC/SHIMLA/2017                     Dated :          24/7/2017. 

NOTIFICATION

Under the provisions of the Article 30 of the Constitution of the Association, it is hereby notified that the Central Working Committee meeting of the Association will be held at Shimla (Himachal Pradesh) on 7^th and 8^th September 2017.

Venue : Grand Hotel, Mall Road, Near Ramakrishna Bhavan, Shimla 171001

Agenda :

1.       Confirmation of minutes of the last CWC held at Jaipur on 13/2/2016.

2.       Organizational review of each circle.

3.       Inter-circle transfer of IPs under Rule 38 of Postal Manual Vol. IV.

4.       Combined Seniority list of Inspector Posts cadre.

5.       LDCE for promotion to the cadre of Sr. PM and PS Gr. B.

6.       DPC for promotion to the cadre of PS Gr. B.

7.   CAT case : Eligibility and Quota for appearing in Sr. Postmaster Examination.

8.     Ernakulam Bench CAT case : Up-gradation of GP of Inspector Posts from  Rs. 4200/- to Rs. 4600/- w.e.f. 1/1/2006.

9.      Cadre restructuring of Inspector Posts cadre.

10.     Financial review of CHQ.

11.     Any other item with the permission of chair.

All the CHQ office bearers and Circle Secretaries are requested to attend the meeting at scheduled date and time.

       Sd/-

 (Vilas Ingale)

General Secretary

Copy forwarded for information and necessary action to : -

1.    The Director General, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi 11001.

2.    All Chief PMsG (through concerned Circle Secretaries)

3.    Sri Nirmalya Mitra, President and ADPS (FS), o/o CPMG WB Circle, Kolkata    700012

4.    All CHQ Office Bearers / Circle Secretaries

Grant of Extra Work Allowance in 7th pay commission-

No.12-3/2016-E.III(A)

Ministry of Finance

Department of Expenditure

E.III-A Branch

North Block, New Delhi

Dated: 20th July, 2017

OFFICE MEMORANDUM

Sub: Grant of Extra Work Allowance- (abolition of existing Caretaking Allowance, Extra Duty Allowance, Flag Station Allowance, Flight Charge Certificate Allowance, Library Allowance, Rajbhasha Allowance and Special Appointment Allowance) - decision of the Government on the recommendation of the Seventh Central Pay Commission (7th CPC).

The undersigned is directed to say that the decisions of the Government on various allowances based on the recommendations of the 7th Central Pay Commission and in the light of the recommendations of the Committee under the Chairmanship of Finance Secretary have since been notified vide Resolution No.11-1/2016-IC, dated 6th July, 2017.

2. As mentioned in the Appendix-II of the said Resolution, dated 6th July, 2017, the existing allowances viz. Caretaking Allowance (SI. No. 22 of Appendix-II, as at present governed under this Department’s OM No. 7(21)/2008/E.IIIA dated 22.9.2008), Extra Duty Allowance (Sl. No. 57 of Appendix-ll), Flag Station Allowance (SI. No. 64 of Appendix-II), Flight Charge Certificate Allowance (SI. No. 65" of Appendix-ll), Library Allowance (SI. No.100 of Appendix-II), Rajbhasha Allowance (SI. No. 136 of Appendix-ll) and Special Appointment Allowance (SI. No. 157 of Appendix-II) have been abolished as a separate allowance and the eligible employees are now to be governed by the newly proposed Extra Work Allowance.

3. Accordingly, the above allowances shall stand abolished and the President is pleased to decide that the eligible employees shall now be covered under a new Extra Work Allowance which shall be governed as under:

a) Extra Work Allowance will be paid at a uniform rate of 2% (two percent) of the basic pay per month.

b) An employee shall receive this allowance for a maximum period of one year, and there should be minimum gap of one year before the same employee is deployed for similar duties again.

c) This allowance shall not be combined i.e. if the same employee is performing two or more such duties and is eligible for 2% (two percent) allowance for each add-on, then the total Extra Work Allowance payabale will remain capped at 2% (two percent) of basic pay.

4. In respect of the existing Special Appointment Allowance, which stands abolished, apart from the existing eligible employees, Assistant Sub-Inspector (Radio Mechanic), Assistant Sub Inspector (Radio Operator) and Sub Inspector (Radio Mechanic) are also to be included in the list eligible for Extra Wok Allowance at the rate of 2% of Basic Pay per month with the conditions recommended by the 7th CPC.

5. These orders shall effective from 1st July, 2017.

6. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issues after consultation with the Comptroller & Auditor General of India.

sd/-

(Annie George Mathew)

Joint Secretary to the Government of India

Posted by AIAIPASP 

Report on Demonetization by MoF

Press Information Bureau

Government of India

Ministry of Finance

21-July-2017 17:28 IST

Demonetization: From 9th November 2016 to 10th January 2017, more than 1100 searches and surveys were conducted by the ITD; more than more than 5100 verification notices issued; The undisclosed income detected in these actions was more than Rs. 5400 crore. 

Disclosure of information regarding law flouters/specific taxpayers is prohibited except as provided under Section 138 of the Income-tax Act, 1961.

Appropriate actions including searches, surveys, and enquiries were taken by the Income Tax Department (ITD) for serious violations of the provisions of the Income Tax Act, 1961. Further, disclosure of information regarding specific taxpayers is prohibited except as provided under Section 138 of the Income-tax Act, 1961.

During the period from 9th November 2016 to 10th January 2017, more than 1100 searches and surveys were conducted by the ITD, apart from issuing more than 5100 verification notices in the cases of suspicious high value cash deposits or related activities. These actions led to seizure of valuables of more than Rs. 610 crore which includes cash of Rs. 513 crore. Seizure of cash in new currency notes was about Rs 110 crore. The undisclosed income detected in these actions was more than Rs. 5400 crore.

Operation Clean Money was launched on 31st January 2017 with the mission to “Create a tax compliant society through a fair, transparent and non-intrusive tax administration where every Indian takes pride in paying taxes”. In the process, about 18 lakh persons were identified whose cash transactions did not appear in line with their tax profile. Such persons were approached through SMS/email (non-intrusive method without even a notice).The contacted persons were required to submit their responses by logging into a specified website. As an outcome, more than 9.27 lakh responses were received providing information on 13.33 lakh accounts involving cash deposits of around Rs.2.89 lakh crores. Appropriate action under direct tax law in the remaining cases has been taken. Subsequently, advance data analytics tools were deployed and 5.56 lakhs new cases were identified for online verification.

Whenever a complaint against a bank official(s) is received and any irregularities are found or observed on the part of Banks’ official(s), the Banks initiate action as per their extant rules and commensurate punishment is awarded to the delinquent employees based on the seriousness of the wrongdoings as per Bank’s disciplinary rules. 

Providing clerical assistance to Sub Divisional Head

No. CHQ/AIAIPASP/AIC-Reso/6/2016                          Dated :    21/7/2017

To,

Shri V. Ramaswamy,

Assistant Director General (SR & Legal)

Department of Posts,

Dak Bhavan, Sansad Marg,

New Delhi 110 001.

Subject :   Providing clerical assistance to Sub Divisional Head

Ref.        : Your letter No. 10-01/2016-SR dated 15^th March 2016

Respected Sir,

     I would like to invite your kind attention to this Association’s letter of even number dated 25/2/2016 and reminder dated 2/1/2017 on the above cited subject.

     It is bring to your kind notice that SR Division of Directorate vide letter No. 10-01/2016-SR dated 15^thMarch 2016 has requested DDG (P) to give direct reply to this Association on letter dated 25/2/2016, but till date nothing is heard either from SPG Division or from SR Division.  

     It is once again requested to kindly intimate the action taken by SPG Division of the Directorate on this Association’s letter of even number dated 25/2/2016 at the earliest.          

Yours sincerely,

 Sd/-

(Vilas Ingale)

General Secretary

Mother of Shri R S Gaikwad Ex CS AIAIPASP and Sr PM Pune HO expired today morning at Pune. Funeral will at Mohammedwadi at 10.30 hrs.

It is a shock to family. 

This Association conveys heartfelt condolence on his demise and pray to almighty to give courage to the family members to bear the shock.

Meghdoot Version 7.9.8 Revised version dated 03.07.2017

Revised version of MM 7.9.8 is published by the CEPT on 03.07.2017 11:01:00 with clearance of Bugs. In this version, the following modules are revised and incorporated in the rar file.

1. Point of Sale (EXE)
2. Treasury  (EXL)

Click below link to download the Revised Software in the below link:

Download

Tentative Calendar for Inter-Ministry Tournaments for 2017-18

FAQs on Goods and Services Tax (GST)

FAQs on Goods and Services Tax (GST)

To view please Click Here.

SC asks Govt to consider giving window to deposit old notes

New Delhi, Jul 4 (PTI) Rekindling hopes, the Supreme Court today asked the government and the RBI to consider granting a window to those who have not been able to exchange scrapped Rs 500 and Rs 1000 notes for genuine reasons, saying people should not lose their own money for no fault of theirs.

"You (Centre) cannot be allowed to deprive a person of his money if he couldn't deposit due to some genuine problems.

Consider giving a window to a genuine problem. What if someone is terminally ill and couldn't deposit the money," a bench of Chief Justice J S Khehar and Justice D Y Chandrachud asked.

The bench ignited the hope among such people for opening up of such a window to exchange demonetised currency for those who could not do so by December 30, 2016 or by March 31 due to changes in conditions for depositing the scrapped notes in the banks.

"There can be a situation where a person has lost his/her money for no fault. Suppose a person was in jail during the period... We want to know as to why you chose to bar such persons," the court said.

Solicitor General Ranjit Kumar, appearing for the Centre, initially said the policy was not individual-centric and later sought time to take instruction on the issue as to whether an opportunity, on a case-to-case basis, can be given to those who could not deposit the money due to valid reasons.

During a brief hearing, the bench said if there is a person who has "valid reasons" for not depositing the notes, then he should be given an opportunity to explain as to why he failed to deposit the money and "he must be given a window".

It then gave illustrations like that of a person who could be ill or in jail during the period when the window was provided to exchange scrapped notes and asked the government whether such people can be forced to lose their money without any fault of their own.

"You cannot take the money away" if a person says that it was his failing that he could not deposit the money and justify that "under no circumstance could he have deposited them", the apex court said.

The bench was hearing a batch of petitions, including one filed by Sudha Mishra seeking a direction to authorities to allow her to deposit demonetised notes as she could not do so during the period specified by the Centre and the RBI.

The Centre has already filed an affidavit saying that the government was not going to open any window now to deposit the old notes.

Prime Minister Narendra Modi had on November 8 last year announced that Rs 500 and Rs 1,000 notes would no longer be a legal tender from the next day.

The government had assured the people that demonetised currency notes could be exchanged at banks, post offices and RBI branches till December 30, 2016. If people were unable to deposit them by that day, they could do so till March 31, 2017 at RBI branches after complying with certain formalities.

Earlier, the apex court on March 6 had issued notices to the Centre and RBI on the petitions alleging tweaking of rules on exchanging demonetised currency notes.

The Prime Minister's address to the nation on the evening of November 8 last year on demonetisation and subsequent notifications of the federal bank that the devalued currency notes can be exchanged at RBI offices even up to March 31, 2017 were valid assurances which stood breached by the ordinance, the counsel for petitioner Sudha Mishra had said.

One of the pleas has also referred to the Specified Bank Notes Cessation of Liabilities Ordinance and said the government had breached the assurance.

However, the Ordinance, issued on December 30 last, had specified that only those who were abroad or armed forces personnel posted in remote areas or others who could give valid reasons for not being able to deposit the cancelled notes at banks, could deposit the demonetised currency notes of Rs 500 and Rs 1,000 currency notes till March 31.

The deadline for the general public to deposit the scrapped currency in bank or post office accounts expired on December 30, 2016.

Law panel wants marriage registration to be compulsory to prevent fraud

Batting for making registration of marriages compulsory, the Law Commission today said this will help prevent "marriage fraud" and protect women often denied the status of a wife due to absence of matrimonial records. 

In its report submitted to the Law Ministry today, the panel said in the absence of compulsory registration, women are duped into marrying without performance of the conditions of a valid marriage. 

"This deprives women of societal recognition and legal security. Such fraudulent marriages are especially on rise among non-resident Indians. Compulsory registration can serve as a means to ensure that conditions of a valid marriage have been performed," the report said. 

The panel, which advises the government on complex legal issues, said it is of the opinion that compulsory registration of marriages is a "necessary reform". It said a minor amendment to the Registration of Births and Deaths Act, 1969 by including the provision of compulsory registration of marriage would serve the purpose. 

It made it clear that there is no need to amend the personal laws dealing with marriages. 

The report pointed out that the courts have time and again emphasised on making registration of marriage compulsory to prevent denial of status to women and to children born out of wedlock. 

"Instances of marriage fraud have also come to light in recent times. In the absence of compulsory registration, women are duped into marrying without performance of the conditions of a valid marriage," it said. 

In 2006, the Supreme Court in Seema vs Ashwani Kumar had observed that marriages of all persons who are citizens of India belonging to various religions should be registered compulsorily in their respective states, where the marriage is solemnised. 

In 2012, a bill was tabled in Parliament based on the observations made by the Supreme Court. The bill was introduced to amend the Registration of Births and Deaths Act, 1969, to provide for compulsory registration of marriages irrespective of religious denominations of the parties. 

The amendment bill was passed by Rajya Sabha in July, 2013, but could not be taken up for consideration in the Lok Sabha. It lapsed on the dissolution of the 15th Lok Sabha in 2014. 

The panel pointed out that in India, because of its size, population and the sheer diversity of customary forms of marriages, it has often been canvassed that such an endeavour to register all marriages would be difficult. 

"However, the difficulty in implementation does not overshadow the merits of such an enactment. Once enacted, the amended law would enable better implementation of many other civil as well as criminal laws. 

"It would provide citizens, not new rights but better enforcement of existing rights under various family laws that grant and provide to protect many rights of spouses within a marriage," the commission said.

Source : The Economic Times