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Section 6 of U.P. Panchayat Raj Kutumb Register Anurakshan Rules, 1970 - The rules govern the maintenance and inspection of Family Registers by Panchayats, including provisions for inclusion, correction, and rights of individuals to inspect and obtain copies. They specify that entries are made by competent authorities like Gram Panchayat officials and that the register is prepared in Hindi using Devanagari script. Importantly, the rules do not empower the District Magistrate to pass orders regarding the register's contents or inclusion of names without following due inquiry procedures ["Ram Murti Devi VS State Of U. P. - 2021 0 Supreme(All) 270"].
Legal procedures under the Rules - Individuals seeking to have their names included or corrected in the Family Register must submit representations to the appropriate Panchayat authorities, such as the Assistant Development Officer, and may need to file fresh representations if previous attempts are inadequate. The rules also provide for appeals or further inquiries under Rule 6-A, which must be exhausted before resorting to other remedies ["SANGEETA DEVI Vs State - Allahabad"].
Entries in the Family Register - Made by competent Panchayat authorities, these entries are considered statutory documents that form the basis for claims or disputes but do not inherently confer ownership rights. The entries are presumed correct unless proven otherwise, and they are admissible as public documents under Section 79 of the Indian Evidence Act. Courts have upheld the validity of such entries in various cases, emphasizing their statutory and evidentiary importance ["LILY NATH AGARWAL vs STATE OF UTTARAKHAND - Uttarakhand"], ["KURIAN PAUL S/O PAUL VS INSPECTOR OF POLICE, PUTHUKKAD - Kerala"], ["Abid Alias Guddu VS State of Uttarakhand - Uttarakhand"].
Statutory and procedural significance - The rules are framed under the Uttar Pradesh Panchayat Raj Act, 1947, and subsequent amendments, with the Family Register being a statutory record maintained to discharge official duties. The entries are made following statutory procedures, and any challenge to them must adhere to the prescribed remedies, including representations and appeals ["Manoj @ Monu @ Vishal Chaudhary VS State of Haryana - Supreme Court"], ["Abid Alias Guddu VS State of Uttarakhand - Uttarakhand"].
Related legal insights - The Family Register's role in legal proceedings, such as establishing juvenility or inheritance rights, is recognized, with courts relying on these records as evidence of statutory compliance. The rules ensure the register's authenticity and reliability, making it a crucial document in Panchayat and civil matters ["KURIAN PAUL S/O PAUL VS INSPECTOR OF POLICE, PUTHUKKAD - Kerala"], ["Abid Alias Guddu VS State of Uttarakhand - Uttarakhand"].
Analysis and Conclusion:The Uttar Pradesh Panchayat Raj (Maintenance of Family Registers) Rules, 1970, establish a clear framework for the creation, correction, and inspection of family registers maintained by Panchayats. These registers are statutory, public documents created by competent Panchayat officials following due procedures, including representations and appeals under Rule 6-A. They are presumed correct and hold significant evidentiary value in legal disputes, but do not automatically confer property rights. Proper adherence to the rules is essential for any claim or correction related to family entries, and the rules emphasize transparency, statutory compliance, and individual rights to inspect and obtain copies.
The Family Register, also known as Pariwar Register or Kutumb Register, plays a crucial role in rural Uttar Pradesh for recording family details, proving residency, parentage, and rights in land disputes or welfare schemes. Maintained under the U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970, it holds statutory flavour and serves as admissible evidence in courts. National Insurance Co. Ltd. VS Swari DeviMohan VS Deputy Director of Consolidation Rampur - 2016 Supreme(All) 2690
Many residents face challenges when seeking to include their names, especially in cases of births, migrations, or corrections. Understanding the prescribed procedure is essential to avoid invalid orders or prolonged disputes. This guide breaks down Section 6 (Rule 6) of these Rules, detailing the application process, authority roles, and appeal mechanisms. Note: This is general information; consult a legal expert for your specific case.
Rule 6 outlines a structured, application-based process to ensure transparency and verification. Here's how it typically works:
File an Application: Any person whose name is not in the Family Register must apply to the Assistant Development Officer (Panchayat) (ADO). This initiates the process. Ram Murti Devi VS State Of U. P. - 2021 0 Supreme(All) 270
Enquiry by ADO: The ADO conducts such enquiry as he thinks fit to verify eligibility. If satisfied, the ADO directs the Secretary of the Gram Sabha to include the name. Ram Murti Devi VS State Of U. P. - 2021 0 Supreme(All) 270
(1) Any person whose name is not included in the family register may apply to the Assistant Development Officer (Panchayat) for the inclusion of his name therein. (2) The Assistant Development Officer (Panchayat), if satisfied, after such enquiry as he thinks fit, that the applicant is entitled to be registered, shall direct that the name of the applicant be included, and the Secretary of the Gram Sabha shall include the name accordingly. Ram Murti Devi VS State Of U. P. - 2021 0 Supreme(All) 270
This emphasizes that inclusion is not automatic but follows due process.
The ADO holds primary jurisdiction for original orders of inclusion or correction. Other officials, like the Sub-Divisional Officer (SDO), cannot issue direct inclusion orders unless specified. Orders bypassing this—such as those from SDO or Chief Development Officer—may be invalid or challengeable. MUNNI LAL YADAV VS STATE OF U. P. - 2016 0 Supreme(All) 1490Ram Murti Devi VS State Of U. P. - 2021 0 Supreme(All) 270
If aggrieved by the ADO's order (under Rule 5 or 6), you can appeal:
Any person aggrieved by an order made under Rule 5 or Rule 6 may, within 30 days, prefer an appeal to the Sub-Divisional Officer, whose decision shall be final. Ram Murti Devi VS State Of U. P. - 2021 0 Supreme(All) 270
The SDO's role is strictly appellate—reviewing ADO decisions, not initiating inclusions. Lavkush Tiwari vs State Of U.P. - 2025 0 Supreme(All) 2201
Deviations can lead to legal invalidity. Courts have quashed orders passed outside Rules 5 and 6, stressing adherence. Ram Murti Devi VS State Of U. P. - 2021 0 Supreme(All) 270 In land disputes, authentic Family Register entries (certified copies) are admissible under Section 109-A(2) of the U.P. Panchayat Raj Act, 1947, proving relationships when unchallenged. Mohan VS Deputy Director of Consolidation Rampur - 2016 Supreme(All) 2690
For instance:- Date of birth in the Register is deemed correct, aiding compensation claims. National Insurance Co. Ltd. VS Swari Devi- Challenges to entries require evidence; mere denial fails without proof. Mohan VS Dy. Director of Consolidation, - 2013 Supreme(All) 3216
Related rules, like those for elector registration, also reference Family Registers, highlighting their evidentiary weight. NAGENDRA RAM vs State of U.P. AND 5 OTHERS
In broader Panchayat contexts (e.g., Bihar), courts reinforce that statutory procedures cannot be supplanted by executive orders, ensuring local bodies' autonomy. Krishna Kumari Yadav VS State of Bihar - 2023 Supreme(Pat) 728
| Step | Authority | Timeline ||------|-----------|----------|| Application & Enquiry | ADO (Panchayat) | As needed || Inclusion Order | ADO directs Gram Sabha Secretary | Post-enquiry || Appeal | SDO | Within 30 days |
Proper compliance ensures smooth inclusion and upholds rights. While these Rules provide clarity, outcomes depend on facts—seek professional advice for personalized guidance.
References:- Ram Murti Devi VS State Of U. P. - 2021 0 Supreme(All) 270: Core Rules 1970 provisions.- Lavkush Tiwari vs State Of U.P. - 2025 0 Supreme(All) 2201: Limits on SDO powers.- MUNNI LAL YADAV VS STATE OF U. P. - 2016 0 Supreme(All) 1490: Validity of procedural deviations.- National Insurance Co. Ltd. VS Swari Devi, Mohan VS Deputy Director of Consolidation Rampur - 2016 Supreme(All) 2690: Evidentiary aspects.
#UPPanchayatRaj, #FamilyRegister, #KutumbRegister
Panchayat Raj (Maintenance of Family Registers) Rules, 1970, reads as under :- “1. Short title and commencement. (1) These rules may be called the Uttar Pradesh Panchayat Raj (Maintenance of Family Registers) Rules, 1970. ... Panchayat Raj (Maintenance of Family Registers) Rules, #....
Panchayat Raj (Maintenance of Family Registers) Rules, 1971 before the authority concerned in order to record her name along with her deceased father namely- Late Chhote Lal Yadav, in the Kutumb Register. ... Assistant Development Officer (Panchayat), Block- Mungra Badshahpur, District Janupur to issue family/Kutumb Register to the petitioner....
It is argued that the complainant deliberately avoided the statutory remedy of appeal under Rule 6-A of the U.P. Panchayat Raj (Maintenance of Family Register) Rules, 1970. 10. ... The Family Register entries, which form the foundation of the allegations in the impugned FIR, were admittedly made in the year 2011 by the Gram Panchayat Development Office....
The Asset Register of the Panchayat being a statutory document maintained in terms of the provisions of the Kerala Panchayat Raj (Accounts) Rules, 2011, the entries therein have to be presumed to be correct unless it is established that the same are incorrect. ... Bharathan appearing for the Panchayat would submit that the road is vested in the Panchayat in terms of #HL....
6. ... They are part of Police Department; they are governed by the Uttar Pradesh Police Radio Subordinate Service Rules, 1982 (“1982 Rules”), which were framed under the Uttar Pradesh Provincial Armed Constabulary Act, 1948. ... On the one hand, in para 5, sub-clauses (1), (2) and (3), it is stated that the petitioners are not part of the Civil Police Department, their nature, duties, cadres and Rules are different, but ....
Panchayat Raj(Maintenance of Family Registers) Rules, 1970. 2. Form and preparation of family register. ... Panchayat Raj Act read with Rule 2, Rule 67, Rules 142 to 144 of the U.P. Panchayat Raj Rules, 1947. The family register is prepared under the Uttar Pradesh Panchay....
Panchayat Raj Act read with Rule 2, Rule 67, Rules 142 to 144 of the U.P. Panchayat Raj Rules, 1947. The family register is prepared under the Uttar Pradesh Panchayat Raj (Maintenance of Family Registers) Rules, 1970. ... State of U.P., 2013 SCC OnLine All 14202, it was held that the family #HL_STAR....
Panchayat Raj (Maintainace of Family Register) Rules 1970. ... Panchayat Raj (Registration of Electors) Rules 1994. ... of Village Panchayat Taraon, Block Saidpur, been filed without availing the remedy as provided under the members of others 12 families residing in houses constructed on Gata No.392 of Village- Taraon, Block- Sai....
6. ... Hence it was, thus, held that Section 5 of the Bihar Panchayat Raj Act, 1993 clearly lays down that a village Panchayat is a body corporate and thus the Sarpanch of the said panchayat in the absence of any authority and in the absence of any statutory permissibility it is absolutely inconceivable in ... The 1993 Act also subsequently repealed on coming into force of Bihar #HL_STA....
The respondent No.3, Sarpanch, Gram Panchayat, Chohtan, after preparing the mauka report and complying the procedure, resolved to allot patta in favour of respondent No.4 under Rule 158 of the Panchayati Raj Rules, 1996 (for short, ‘the Rules of 1996’) vide Resolution No.1(5) dated 20.08.2009 (Annex.3 ... 6. ... Site inspection. -(1) Secretary shall register such application in a #HL_ST....
2. Form and preparation of family register.-A family register in form A shall be prepared containing family-wise the names and particulars of all persons ordinarily residing in the village pertaining to the Gaon Sabha. Ordinarily one page shall be allotted to each family in the register. “1. (1) These rules may be called the U.P. Panchayat Raj(Maintenance of Family Registers) Rules, 1970.
7. The U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970, reads as under :-
The Commissioner has relied upon the relevant extract of Family Register, in which date of birth of deceased is recorded as 25.11.1981. Thus, the Family Register maintained by Gram Panchayat has statutory flavour and the date of birth, registered in the Family Register, shall be deemed to be correct. Family Register is maintained under the provisions of U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970. The entry regarding date of birth made in the Ration Card ....
Certified copy of Pariwar Register is admissible in evidence under Section 109-A (2) of U.P. Panchayat Raj Act, 1947. In spite of summoning order, Gram Panchayat Adhikari did not appear. Pariwar Register is maintained under U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970. The petitioners, apart from their denial, could not adduce any evidence to prove that certified copy of Pariwar Register filed by respondent-4 was not an authentic document.
Although Pariwar Register is maintained under U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970. Respondent-1 has mechanically rejected the applications of the petitioners and has illegally failed to exercise his jurisdiction vested under the law. According to own case of respondent-4, Kaluwa died 40 years back but in the alleged Pariwar Register, the name of Kaluwa and Bhagwan Das and others were mentioned in the family of Gyani Singh. In order to examine the ....
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