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Archives for Legal Procedure

ENVIRONMENTAL LAW

Environmental Law in India

Protecting our environment should be the first and foremost duty of every citizen, especially with the increasing harm that is being caused to our environment with every passing day.

The constitution of India states ‘it is the duty of the State to protect and improve the environment and to safeguard the forests and wildlife of the country’. It is the duty of every citizen of India and is stated in the Directive Principles mentioned in our Constitution too, to safeguard the environment that includes wildlife, forest, lakes, rivers, trees etc.

For the same purpose Ministry of Environment and Forest was established in the year 1985 in India.

The requirements on Environment mentioned in our constitution are backed by many laws, rules, acts etc. the first and foremost is the Environment Protection Act 1986, this act was promulgated post the Bhopal Gas Leak Tragedy. Post this there were more acts, legislative bodies to fairly deal with this issue.

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DEATH CERTIFICATE

Procedure for obtaining Death Certificate in India

A Death Certificate is written document issued by the government to the relative or legal representative of the deceased stating the date, fact and cause of the death.

ESSENTIALS OF DEATH CERTIFICATE

  • It is essential to register date, time and cause for death in order to create transparency and relieve the individual from social, legal and official obligation.
  • It help in enabling settlement of property inheritance, insurance and other benefits.
  • It is mandatory under the law to register every death with the concerned state government within 21 days of occurrence of death.

STATUTORY REGULATION

  • As per the Registration of Births & Death Act 1969, it is mandatory to register every death with the concerned State /Union Territory government within 21 days of its occurrence .
  • The Registrar General at Centre level, Chief Registrars at States Level with District Registrars and Municipal Registrar overseas the administration at district and Block level.

DUTY

  • It is duty of head of family to report and register if natural death has occur at Home with doctor certifying that cause of death is natural.
  • In case of Hospital it is the duty of medical in charge.
  • In case of Jail it is the duty of Jailer in charge.
  • In case of body is found deserted in an area it is the duty of police in charge of that area to get its post mortem and do last ritual of the body as per religious norms.

REGISTRATION FEE

  • If registration is done within 21 days of Death occurrence , then it is done free of cost.
  • Within 21 – 30 days of occurrence , then it has to be certified by Medical Official, Health (MOH) after paying a fine of Rs. 25/- for delay in registration.
  • After 30 days to within a year of death, then it can be certified by the Joint Director of Statistics by submitting as affidavit and fine of Rs. 50/-.
  • After a Year ,then it has to be certified by order of a first class magistrate by providing the cause of Death certificate, Cremation Certificate and an affidavit.

INTIAL PROCESS

  • The applicant shall apply in the form which is in general format containing all details of deceased and place and time of death and reason for occurrence .
  • While applying applicant has to attach hospital letter where death took place or a certificate from civil official who certified the death at either the crematorium or burial grounds.
  • The format of application is uniform all over India and will be in Hindi, English and one regional language.
  • The application form is generally available with the municipal ‘s local body authority or with the registrar who maintains the Register of Death.
  • If application is not made within 21 Days of death occurrence then penalty and procedure for delay has to be applied.

DOCUMENT

  1. Proof of Birth of deceased
  2. An affidavit stating the Date and Time of Death
  3. Identity proof of deceased
  4. Nationality of the deceased
  5. Proof of occurrence of death
  6. Fees as required for stamp duty and penalty for delay
  7. Evidence proof of Applicant ‘s relationship with the deceased with complete address

PROCESS

  • The initial process as given above is for submitting information of a person’s death in India so that an official of a government could issue the death certificate.
  • One of main reason for getting the death certificate information of a deceased ancestor is genealogical research reasons.
  • The researcher will contact municipal or local body of the area to get information of Death certificate in particular state in India where the person has died.
  • The Chief Registrar‘s office or Magistrate’s Office in each Indian Sate or region within a state has that responsibility.
  • The government of each state has a site to keep track of data related to Death but in some state it is at initial phase and in some state the complete data is not available.
  • The procedure for obtaining Death certificate will be same with minor changes as per state regulation.
  • As stamp Act and Penalty Act come under state list , hence there may be variation depending on state to state as per state regulation.
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BIRTH CERTIFICATE

PROCEDURE FOR OBTAINING BIRTH CERTIFICATE IN INDIA

Birth Certificate is a very important document which contains the date of birth of a person. It is generally required at the time of taking admission in school, applying for a passport and to establish the age of a person.
Now a day’s obtaining birth certificate is very simple. You just have to apply for the birth certificate immediately after the birth of the child.

Act

“As per the Registrations of Births & Deaths Act, 1969, it is mandatory to register your child’s birth within 21 days of the birth of your child.”

Issuing Authority

Birth Certificate is issued by the Municipal Corporation/Municipal Council in urban areas whereas in rural areas the concerned Tehsildar of the Tehsil issues the Birth Certificate. In villages Gram Panchayat Office issues the Birth Certificate.

Process to obtain Birth Certificate within 21 days of Birth

1. Obtain birth registration form from the birth center (Hospital) or nearest municipal office or from registrar of births and deaths as applicable in your area.
2. In rural areas there may not be any prescribed application form, then complete details about birth can be written on a plain paper and could be submitted to the tehsil or village panchayat office.
3. The following details are required to be mentioned in a birth registration form:

  • Name of the Child
  • Name of the Father
  • Name of the Mother
  • Place of Birth
  • Date of Birth
  • Sex (Gender)
  • Address of Parents

4. Duly completed birth registration form be submitted to the concerned office along with prescribed fee. The fee may differ from state to state, but in any case the fee charged by the respective state are very nominal.
5. Generally birth certificate is issued within 7 to 10 days.

Process to obtain Birth Certificate after 21 days of Birth

If birth has not been registered within 21 days of the birth of the child then the application be made to the concerned authority as mentioned above. Apart from the application form the authority could ask for some additional documents such as:

  • Affidavit from the applicant.
  • Police verification could also be made as the authority may deem fit.
  • Any other document as may be desired by the authority

*Obtaining birth certificate is very easy and simple process and every parents shall obtain the birth certificate immediately after birth of their child.

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International Driving License

Procedure to obtain International Driving License in India

  1. International Driving License is official document issued by the motor licensing authority of government which certify that the foreign holder is suitably qualified to drive vehicle in visiting country.
  2. International permit is valid for a period of not more than one year from the date of issue or till the validity of driving license, whichever is earlier.
  3. Application for the International Driving License can be made to the licensing authority having jurisdiction over the resides of the holder of the Driving license ordinarily resides or carries on business along with relevant documents.
  4. Citizen are required to get their license from the country they‘re visiting within one year period.

Essential Document Required at Time of Applying for in International Driving Permit

  • Driving license
  • Attested copy of Address proof
  • Attested copy of Birth certificate
  • Valid passport
  • Valid visa
  • Fees and stamp duty as per government guidance
  • Two recent passport size photo

PROCEDURE FOR APPLYING DRIVING LICENCE

Application shall be made in Form 4 and should attach

  1. A learner’s license with the applicant giving detail of Type of vehicle i.e. Two-wheel or four-wheel or Heavy vehicle.
  2. Fees and Stamp Duty
  3. Medical Certificate
  4. Form will be submitted at fees Counter and receipt received.

Driving Test

  1. The applicant should then appear for the Driving test with the Motor Inspector.
  2. Applicant shall appear for Driving License Test only after he has held the Learner’s License for a period of 30 Days.
  3. If applicant has not pass the test even after three Test then he shall re-appear only after the expiry of 60 days from the date of last test.

Interview

  1. An interview of road signals and question regarding the road safety are questioned from the applicant.
  2. If applicant is unable to pass interview then application can be rejected.
  3. Generally interview and driving test is done together by the Motor Inspector.

Delivery of Driving License

  1. The Driving license will be delivered to the applicant registered Address as given in the application through the Indian Postal Service.
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Procedure to obtain Driving License in India

A driving License is an official document issued by the government which certify that the holder is suitably qualified to drive vehicle whether it is commercial or personal. As per the Motor Vehicle Act, 1988, no person can drive in a motor vehicle in any public place unless he hold a valid driving license issued to him by government authorizing him to drive a vehicle under different category. Driving license can be applied only after 30 days of issue of Learner’s License. Driving License is made for the class of vehicle as per the application of Learner’s License.

The Driving license has two kind:

    1. Learner’s License
    2. Permanent License

Driving license Eligibility

      • A learner’s license is essential for obtaining a Permanent License.
      • The eligible age for obtaining a learner’s license for private vehicle and without any gear is 16 years only after consent of parent or guardian of applicant is given.
      • The minimum age for private motor to apply for the permanent license is 18 years.
      • The minimum age for commercial vehicle to apply for the permanent license is 20 years and should possesses a Learner’s License.
      • One has to abide with traffic rules and regulation.

While applying for obtaining a Learner’s License, applicant has to apply in the prescribed format to the Local Transport Office in your region ,along with following document:

    • Two recent passport size photo
    • Attested copy of Address proof
    • Attested copy of Birth certificate
    • Declaration of Medical Fitness
    • Fees and stamp duty as per government guidance
    • After verification of attached documents, applicant has to go through the Learners Test.
    • Along with the application, a handbook of traffic rules, signs and regulation is attached.
    • On passing the Learner’s Test, you will be issued a learner’s license.
    • If Applicant failed the test then he has to again take the test.
    • For applying for a Permanent License Applicant can apply after 30 day and within 180 days of issue of the Learner’s License.
    • On passing the Test, Applicant will be issued a Permanent Driving License.

Driving License Validity

  • Learner license is valid only for six month.
  • Permanent License can be made only after the expiry of one month from the date of issuance of the Learner’s License.
  • In the case of NON – TRANSPORT vehicle, the validity is 20 years or until the date on which a person has attain the age of fifty, whichever is less.
  • A person who has attained the age of 50 years can further have renewal of Driving license for 5 years.
  • In the case of TRANSPORT vehicle which carry goods of dangerous and hazardous nature, the validity is 01 years.
  • In the case of TRANSPORT vehicle which carry normal goods, the validity is 03 years.

International Driving Licence and Permit

  • International Driving License is official document issued by the motor licensing authority of government which certify that the foreign holder is suitably qualified to drive vehicle in visiting country.
  • International permit is valid for a period of not more than one year from the date of issue or till the validity of driving license, whichever is earlier.
  • Application for the International Driving License can be made to the licensing authority having jurisdiction over the resides of the holder of the Driving license ordinarily resides or carries on business along with relevant documents.
  • Citizen are required to get their license from the country they‘re visiting within one year period.

ESSENTIAL DOCUMENT REQUIRED AT THE TIME OF APPLYING FOR AN INTERNATIONAL DRIVING PERMIT

  • Driving license
  • Attested copy of Address proof
  • Attested copy of Birth certificate
  • Valid passport
  • Valid visa
  • Fees and stamp duty as per government guidance
  • Two recent passport size photo

PROCEDURE FOR APPLYING DRIVING LICENCE

Application shall be made in Form 4 and should attach

  • A learner’s license with the applicant giving detail of Type of vehicle i.e. Two wheel or four wheel or Heavy vehicle.
  • Fees and Stamp Duty
  • Medical Certificate
  • Form will be submitted at fees Counter and receipt received.
    Driving Test
  • The applicant should then appear for the Driving test with the Motor Inspector.
  • Applicant shall appear for Driving License Test only after he has held the Learner’s License for a period of 30 Days.
  • If applicant has not pass the test even after three Test then he shall re-appear only after the expiry of 60 days from the date of last test.
    Interview
  • An interview of road signals and question regarding the road safety are questioned from the applicant.
  • If applicant is unable to pass interview then application can be rejected.
  • Generally interview and driving test is done together by the Motor Inspector.
    Delivery of Driving License
  • The Driving license will be delivered to the applicant registered Address as given in the application through the Indian Postal Service.
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