Duties of Registrar General

(1) In case of registration of marriage and acknowledgement of registered marriage (a) Steps to be taken on inaction by Registrar- (i) The memorandum for registration of marriage/ acknowledgment of registered marriage shall be automatically forwarded to the Registrar General for the purpose of summary inquiry in case the Registrar fails to act within three days of receipt of a memorandum in her/ his office under Accelerated Service (Tatkal Sewa), or within fifteen days otherwise. (ii) Within fifteen days or in case a memorandum is submitted under Accelerated Service (Tatkal Sewa), within three days from the receipt of the forwarded memorandum, the Registrar General shall get a summary inquiry conducted by an official designated by her/him. The summary inquiry shall be conducted in the manner prescribed in clause (a) of rule 7(1). (b) Deciding Appeals filed by Registrants & Sub-Registrars against Orders passed by Registrars (i) The procedure for deciding appeals filed by Registrants shall be as follows - (a) As far as possible, the Registrar General will decide the appeal preferred by the registrant(s) against an order passed by a Registrar rejecting the appellant’s memorandum for registration of marriage/ acknowledgement of registered marriage within 60 days from the filing of such appeal. While deciding the appeal, the Registrar General shall, mutatis mutandis, follow the procedure prescribed under clause (b) (i) to (vi) of rule 6(1); (b) After following the procedure mentioned in the sub clause (i) (a) above, if the Registrar General comes to the conclusion that the order passed by the Registrar is just and valid, she/he shall reject the appeal by passing a reasoned order mentioning that her/his decision is final. A format of such an order is provided at Annexure – 15; (c) After following the procedure mentioned in the sub clause (i) (a) above, if the Registrar General comes to the conclusion that the order passed by the Registrar is erroneous, she/he shall award the appeal by passing a reasoned order, a format of which is provided at Annexure - 15. In such a case the Registrar General shall also issue the certificate of registration of marriage/acknowledgment of registered marriage as per Annexure - 4 or 5 or 10 or 13 as the case may be. (ii) The procedure for deciding appeals filed by the Sub-registrars shall be as follows- (a) The Registrar General shall examine the grounds on which the appeal has been presented and, if required, she/he shall afford an opportunity of hearing to the Sub-Registrar; (b) After carefully considering the reasons given by the Registrar while awarding the punishment and also the contents of the appeal as well as the facts presented during the hearing, the Registrar General shall pass a speaking order either rejecting or accepting the appeal; (c) If the appeal is rejected under sub clause (ii) (a) above, a copy of the rejection order along with a copy of the order passed by the Registrar shall be sent to the competent authority. However, none of these records shall form a part of the Sub-Registrar’s personal dossier. (2) In case of registration of decree of divorce/nullity of marriage: (a) Steps to be taken on inaction by Registrar - (i) If the Registrar fails to act on a memorandum for registration of a decree of divorce or nullity of marriage within three days of receipt of a memorandum in her/his office under Accelerated Service (Tatkal Sewa), or within fifteen days otherwise, the memorandum shall be automatically forwarded to the Registrar General for the purpose of summary inquiry; (ii) Within fifteen days or in case a memorandum is submitted under Accelerated Service (Tatkal Sewa), within three days from the receipt of the forwarded memorandum, the Registrar General shall get a summary inquiry conducted by an official designated by her/him. The summary inquiry shall be conducted in the manner prescribed in sub rule (2) (a) of rule 7. (b) Deciding appeals filed against an order passed by Registrar - (i) The procedure for deciding appeals filed by Registrants shall be as follows- (a) As far as possible, the Registrar General will decide the appeal preferred by the registrant(s) against an order passed by a Registrar rejecting the appellant’s memorandum for registering the decree of divorce/nullity of marriage within 60 days from the filing of such appeal. While deciding the appeal, the Registrar General shall, mutatis mutandis, follow the procedure prescribed under clause (b) (i) to (vi) of rule 6(2); (b) After following the procedure mentioned in the sub clause (i) (a) above, if the Registrar General comes to the conclusion that the order passed by the Registrar is just and valid, she/he shall reject the appeal by passing a reasoned order mentioning that her/his decision is final. A format of such an order is provided at Annexure – 15; (c) After following the procedure mentioned in the sub clause (i) (a) above, if the Registrar General comes to the conclusion that the order passed by the Registrar is erroneous, she/he shall award the appeal by passing a reasoned order, a format of which is provided at Annexure - 15-. In such a case the Registrar General shall also issue the acknowledgement certificate for decree of divorce/nullity of marriage as per Annexure 4 or 5 or 10 or 13. (ii) The procedure for deciding appeals filed by the Sub-Registrars shall be as follows- (a) The Registrar General shall examine the grounds on which the appeal has been presented and, if required, she/he will afford an opportunity of hearing to the Sub-Registrar; (b) After carefully considering the reasons given by the Registrar while awarding the punishment and also the contents of the appeal as well as the facts presented during the hearing, the Registrar General shall pass a speaking order either rejecting or accepting the appeal; (c) If the appeal is rejected under sub clause (ii) (a) above, a copy of the rejection order along with a copy of the order passed by the Registrar shall be sent to the competent authority. However, none of these records shall form a part of the Sub-Registrar’s personal dossier. (3) In case of registration of declaration of Legal heir/Testamentary Succession. (a) Steps to be taken on inaction by registrar- (i) The application for declaration of legal heir(s) shall be automatically forwarded to the Registrar General for the purpose of summary inquiry in case the Registrar fails to act within fifteen days of receipt of the forwarded application; (ii) Within fifteen days of receipt of the forwarded application, the Registrar General shall conduct a summary inquiry in the manner prescribed in clause (a) (i) to (iv) of rule 7(3) and if found in order, the Registrar General shall issue the certificate of declaration of legal heir(s) or else reject the application and inform the declarant about the reason(s) for the rejection. (b) Deciding Appeals filed against an Order passed by Registrar– The Registrar General is required to decide an appeal, preferred by the declarant against an order passed by a Registrar rejecting the declarant's application for declaration of legal heir(s), within 60 days from filing of the appeal. While deciding the appeal - (i) The Registrar General shall carefully consider the ground(s) on the basis of which the application for declaration of legal heir(s) was rejected and check whether the ground(s) for rejection is/are included in the list enumerated in clause (c) (ii) of rule 7(3); (ii) The Registrar General shall examine the application for declaration of legal heir(s) submitted by the declarant, as well as the grounds of appeal and the reasons put forth by the declarant challenging the rejection order; (iii) After applying her/his mind in the manner prescribed above, if the Registrar General is of the view that to meet the ends of justice it would be helpful to give an opportunity of hearing to the declarant concerned, she/he may hear the declarant via video conferencing or if the declarant concerned so prefers, by affording an opportunity of physical hearing; (iv) The Registrar General shall give at least three days' notice to the declarant regarding a scheduled hearing through video conference or through physical presence. The declarant shall have an option to reschedule the video conference/physical hearing for a maximum of two times. If the declarant fails to take advantage of hearing despite the opportunity afforded in the foregoing manner, the Registrar General shall proceed to decide the appeal on merit based on the available documents/information. A format of the order to be passed in this regard is provided in Annexure - 23; (v) After following the steps mentioned in the sub clauses (i) to (iv) above, if the Registrar General comes to the conclusion that the rejection order passed by the Registrar is just and valid, she/he shall reject the appeal by passing an order mentioning the reason(s) for such rejection. A format of such an order is provided in Annexure - 22; or (vi) After following the steps mentioned in the sub clauses (i) to (iv) above, if the Registrar General comes to the conclusion that the rejection order passed by the Registrar is erroneous, she/he shall award the appeal by passing a reasoned order, a format of which is provided in Annexure - 24. In such a case the Registrar General shall also issue the certificate of declaration of legal heir(s) as per Annexure - 21.