law commission of karnataka twenty fourth report
TRANSCRIPT
LAW COMMISSION OF KARNATAKA No.302, III Floor, Vidhana Soudha, Bangalore-560 001
Telephone No.080 22033882 – Telefax No.080-22200637
TWENTY FOURTH REPORT
Change of Name – Amendment to
The Registration of Births & Deaths
Act, 1969
Government of Karnataka, Ministry of Law
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LAW COMMISSION OF KARNATAKA
Nadoja Dr. Justice V.S. Malimath
Chairman
Mr. Justice S.R. Venkatesha Murthy
Member
Sri. B.A. Muchandi
Member Secretary
Ex-Officio Members
Prof. Ravivarma Kumar
Advocate General of Karnataka
Mrs. K.S. Mudagal
Principal Secretary
Dept. of Law, Justice & Human Rights
Sri V. Shreesh
Secretary, Legislative Council
Sri P. Omprakasha
Secretary, Legislative Assembly
Prof. K. M. Hanumantharayappa
Dean, University Law College
Bangalore University
Sri B. B. Pattar
Special Secretary to Government
Dept. of parliamentary Affairs & Legislation
Director, KILPAR
Government of Karnataka
Government of Karnataka, Ministry of Law
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LAW COMMISSION OF KARNATAKA
TWENTY FOURTH REPORT
20/07/2013
Re : Change of Name - Amendment to
The Registration of Births & Deaths Act, 1969
1. As there is no law in the State of Karnataka providing
for change of one’s name, those desirous of changing their names
have been adopting such procedures as they deem proper. The
Law Commission felt it necessary to fill-up this lacuna by enacting
a suitable law prescribing a proper procedure for securing one’s
change of name. This subject falls under entry No.30 of List III –
(Concurrent List) Seventh Schedule to the Constitution of India viz.
“Vital statistics including registration of births and deaths”.
Under entry No.30 of list III, Parliament has enacted the
Registration of Births & Deaths, Act 1969 (hereinafter referred to
as the ‘Act’). The preamble to the Act reads “An Act to provide for
the regulation of registration of births and deaths and for matters
connected therewith Be it enacted by parliament in the Twentieth
year of the Republic of India as follows” It provides for regulation
of registration of births and deaths and matters connected therewith.
Chapter-1 of the Act deals with preliminary matters like short title,
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extent, commencement, definition and interpretation; Chapter-2
deals with registration-establishment; Chapter-3 deals with
registration of births and deaths; Chapter-4 deals with maintenance
of records and statistics and Chapter-5 deals with miscellaneous
matters. This Act came in force in the State of Karnataka w.e.f.
01-04-1970.
2. Section 8 of the Act speaks of persons required to
register births and deaths and Sub-Section (1) enumerates the
persons whose duty it is to furnish information about the birth to
the concerned Registrar. Section 9 of the Act speaks of obligation
of persons concerned to report births and deaths in a plantation.
Section 10 speaks of the duty of other prescribed persons to notify
births and deaths. Section 11 requires the informant to sign in the
register. Section 12 confers duty on the Registrar to provide an
extract of register of entries to the informant. Section 13 deals with
delayed registration of births and deaths. Section 14 casts
responsibility on persons concerned to furnish the name of the
child when it given if the name was not given at the earlier point of
time when the information of birth was given to the Registrar.
Section 15 which provides for correction or cancellation of entry in
the register of births and deaths reads as under:
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“15. Correction or cancellation of entry in the register of births and deaths – If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.”
3) This Section provides for correction of the entry in the
register of births and deaths if the entry made is erroneous in form
or substance, or has been fraudulently or improperly made. This
provision deals with entry of a name which the person is concerned
has voluntarily changed. Thus, the scheme of the Act clearly
shows that there is no statutory provision entitling the person to get
the name which he has changed voluntarily entered in the birth
register in substitution of the earlier entry made on his birth.
Section 15 of the Act only deals with correction or cancellation of
entries made in the birth register and does not deal with the right to
change one’s name already entered in the birth register. There
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being no express statutory provision for recording the change of
name in the register of births and deaths citizens have been
adopting such ad-hoc procedure as they consider proper. As the
change of name has wide ramification not only to the persons
concerned but also in dealing with other persons it is necessary to
fill-up this lacuna by enacting appropriate provisions. For these
reasons the Law Commission of Karnataka has taken-up this
subject for consideration.
4) We shall now examine if the citizen has the right to
change the name registered under the birth register maintained
under the Act, shortly after the birth of a child. Every person is
known by his name. It is the name that gives the right to one’s
identity. In other words, the very identity of a person depends up
on the name he bears. Let us examine the nature of the right of the
person to be known by his name. Article 21 of the Constitution of
India which is the most important fundamental ‘right to life’ reads
as follow:
“21. Protection of life and personal liberty.—
No person shall be deprived of his life or personal
liberty except according to procedure established by
law”.
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5) The expression ‘right to life’ has been subject matter
of several decisions of the Supreme Court of India which has
accorded wide meaning to the expression “life or liberty”. In Unni
Krishnan .J. P. & Ors. Vs/- State of Andhra Pradesh ((1993) 1
SCC 645) a very exhaustive enumeration of rights falling under
Article 21 has been given. In Ramsharan Autynuprasi Vs/-
Union of India (AIR 1989 SC 549) it has been held by the
Supreme Court that it would include all that gives meaning to a
man’s life, e.g. his tradition, culture, heritage and protection of that
heritage in its full measure. In other words, Article 21 guarantees
the right to a decent living, right to one’s identity being the basic
necessity in a civilized society. Therefore, it is obvious that every
citizen has a right to be identified with reference to a name of one’s
own choice. It being a very well recognized right of a citizen it
cannot be curtailed by insisting that he should be known by the
name given to him by others when he was a minor and therefore, it
is obviously without his consent. He having the right to be known
by the name of his choice cannot be made to suffer with the name
given to him by others without his consent. Denial Deprival of
such valuable right to one’s own name is not just, fair or
reasonable.
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6) It is necessary to clearly understand the meaning and
significance of the word ‘name’. According to Webster’s New
World Dictionary “The word ‘name’ among other, means a word
or phrase by which a person, thing or class of things is known,
called or spoken to or of, appellation, title”. According to the
Oxford Talking Dictionary “the word ‘name’ means a word or
combination of words constituting the individual designation by
which a person, animal, place or thing is known spoken of etc”. It
is clear that ‘name’ is a word which is used to identify a person. It
is useful to distinguish one person from another. In other words
the ‘name’ is an expression to identify a person and to distinguish
him from others. Different persons use different expressions to
identify themselves and distinguish themselves from others. One
may choose to be known by the name given to him, father’s name
and family name or surname. Some others may choose to be
known by his given name, father’s name and the name of the place
to which he belongs or the name of the profession. Therefore,
when we speak of change of name, it is not restricted to change of
his given name. It would include the change of all the descriptions
by which one would like to be known. It is from this wider angle
that we have to examine the issue of change of name. One should
have a right to give up one’s given name and choose another name
of his choice. He should have discretion not to use his father’s
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name or surname or family name or name of place. He can choose
a different surname or family name. But, he will have no right to
change his father’s name. He can assume a different family name
or surname. The change of name should be effective only
prospectively.
7) The Supreme Court has laid down in Maneka Gandhi
vs. Union of India (AIR 1978 SC 597) that laws enacted by the
Legislature or the Parliament must be just, fair and reasonable. If
the law is not just, fair and reasonable, the Court has the right to
strike down such law. To insist that a citizens cannot change the
name given by others amounts to deprivation of his valuable right
to live. We have therefore, no hesitation in coming to the
conclusion that the right of the citizen to change the name given by
others is guaranteed by the Article 21 of the Constitution. As there
is no effective statutory protection available to the citizen to
exercise his right to change his name it has become necessary to
recommend suitable law in this behalf so that the citizen is enable
to enjoy this fundamental right unfettered by unreasonable
restrictions. Though, the right to change one’s name is a
fundamental right, the same is subject to an appropriate law being
enacted which imposes restrictions which are just, fair and
reasonable. Apart from one’s own desire to change his name there
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are many other reasons for seeking change of name. Some of the
occasions that may be referred to are marriage/remarriage, divorce,
adoption, religious conversion/re-conversion, change of nationality
and change of sex etc. Though the law can be made to recognize
the right of the citizen to change his name, the State is entitled to
put such restrictions in public interest which are just, fair and
reasonable. It is bearing in mind these parameters that we propose
to make the following recommendations:
8) We shall now briefly advert to the procedures that are
being followed in regard to change of name in different States in
India. The same are summarized below:
9) Change of Name in the State of Karnataka:
At present in the State of Karnataka there are no
special Acts or Rules for enabling a person to change his name.
Therefore, the persons residing in Karnataka are changing their
names by adopting following ad-hoc procedures:
I. By filing suits for declaration and consequential
relief against concerned authorities.
II. By swearing affidavits before Judicial Magistrate
First Class or Notary Public & giving advertisement
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in the daily News Papers and official gazettes
published by the State Government.
So for as change of name of the Government servants is
concerned there are special Rules namely “The Karnataka
Government (Procedure for change of name) Rules, 1967”.
Similarly there is a GO No. DPAR 3 DCM 80 Bangalore
17/05/1980 enabling the Women Government Servants to change
their names on their marriage subsequent to entry into Government
service.
10) In the State of Andhra Pradesh, the Government has
issued Order dated 8th
September, 1977 to the effect that a native of
Andhra Pradesh should file an application in Annexure-I to the
District Magistrate (Deputy Commissioner) by enclosing
documents such as two latest passport size colour photographs, two
certificates issued by Gazetted Officer, applicant’s affidavit on
non-judicial stamp paper of ten rupees attested by Notary Public
stating reasons for seeking change of name, educational certificates
of Class-I to Class-X if any, attested by the Gazetted Officer and in
case of illiterate person any other proof of name and age such as
ration card, voter identity card, electricity bill, water bill etc.,
attested by the Gazetted Officer, Certificate from local Police
Station certifying that there is no adverse/criminal record during
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last five years, certificate from an Astrologer/Numerologist in case
a request for change of name is sought on such reasons. Then the
District Magistrate after inquiry as he thinks fit will issue order in
form Annexure-2. Thereafter, the applicant will have to send an
application along with the order of the District Magistrate to the
Commissioner of Government Printing Press for publication on
payment of requisite fee and the same has to be published in
Andhra Pradesh Gazette as private advertisement. In case of minor
applicant, parents or guardian can apply for change of name of the
child in Annexure-3 and in case the applicant is a Government
servant he has to apply in Annexure-4 by following same
procedures as mentioned above.
11) In the State of Kerala change of name can be made by
publishing private advertisement in Kerala Gazette in the
prescribed form in Malyalam on payment of fee of nine hundred
and twenty three rupees.
12) In the State of Gujarat also change of name can be
made by publishing an advertisement in the State Gazette or
obtaining Marriage Certificate or by an Affidavit stating reasons
for changing the name by the person who desires to do so.
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13) In the State of Orissa, change of name can be made
by publishing an advertisement in the State Gazette by the person
who desires to do so.
14) In the state of Tamil Nadu Personal and
Administration Reforms Department has issued Order dated
19/07/1972 prescribing the procedure to be followed for change of
names of Government Servants, Gazetted and non-Gazetted in the
office records after they are notified in the Tamil Nadu Gazette. In
case of women employees change of their names after marriage
have to be made by following the prescribed procedure.
15) Thus, it is clear from the above review that there is no
statutory provision for effecting change of name. In some of the
States change of name is regulated by executive orders and the
procedure is not uniform. In the absence of statutory regulation for
change of name innocent persons are likely to be suffered. People
may cheat innocent persons by resorting to such ad-hoc procedure
for change of name. Therefore, in order to protect the interest of
innocent persons and to facilitate the citizens it is quite necessary
to prescribe statutory procedure to effect change of name which is
just, fair and reasonable.
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16) In this connection, the Commission felt that it would
be useful to look into the procedure prescribed in this behalf in
other countries. We have been able to collect the rules or
procedure prescribed for change of name in a few countries namely
U.S.A., U.K., Florida, England & Wales, South Africa and
Columbia-Canada which we have summarized below:
17) In AMERICA change of name can be sought by one
who has lived in one of the States at least for a period of Six
months before making such application.
18) Application for change of name shall be refused if one
intends or likely to: A)
i. To avoid debts and liabilities,
ii. To defraud any other person,
iii. To capitalize on the name of a famous person,
iv. To a name that would be intentionally confusing,
v. To a number or punctuation mark,
vi. To a racial slur,
vii. To a name that includes threatening or obscene
words, or words likely to incite violence.
B) The following name cannot be acquired:
i. Names of Famous People,
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ii. Trademark Names,
iii. Initials, Numbers and One-word Names,
iv. Forbidden Words.
C) The applicant has to file an application in the proper
Court which is generally located in the county where he resides.
Thereafter, notice has to be published in a local newspaper
regarding change of name by calling upon objections if any.
Notice has also to be issued to the persons likely to be affected.
After hearing the parties’ change of name may be granted or
refused.
D) After change of name is permitted the following
persons and agencies shall be notified:
i. Social Security Administration,
ii. Department of Motor Vehicles,
iii. Passport Office,
iv. Post Office,
v. IRS,
vi. Voter Registration,
vii. Banks and other financial institutions,
viii. Credit Card companies,
ix. Doctors,
x. Insurance companies,
xi. State Tax Authority,
xii. Clubs,
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xiii. Memberships,
xiv. Employer,
xv. Retirement plans,
xvi. One may also need to consider revising his will, trust,
living will, and any other personal legal documents.
19) After marriage change of maiden name may be
sought.
If you are recently married and would like to change your
maiden name, you don’t need to file a petition with the court.
Instead, your marriage certificate serves as your “proof”, and you
just need to update the Dept. of Motor Vehicles, banks, credit
cards, etc.
20) In the State of Florida (America) Chancery Court has
jurisdiction to change the name of any person residing in that State
on petition of the person where he resides. A detailed procedure for
the same has been prescribed.
21) Change of name in ENGLAND & WALES: If
anybody wishes to be known by a different name he can change at
any time, provided he does not intend to deceive or defraud another
person. There is no legal procedure to be followed in order to
change the name. One has to simply start using the new name.
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One can change forename or surname, add names or rearrange his
existing names. However, one cannot change the details of the
Birth Certificate except in limited circumstances. Once anybody
has decided to change his name, the new name for all purpose has
to be used, for example, publishing marriage bans, legal
proceedings and obtaining or change details on a driving license or
passport.
A child’s name can be changed at any time, provided it is not
to deceive or defraud another person. There is also no legal
procedure which must be followed in order to change a child’s
name. A child or young person under sixteen years cannot change
his surname without parents consent. The letter from responsible
person such as a G.P., Solicitor, Minister, Priest or MP, will often
be enough evidence that one has changed his name and that letter
can be used for all purposes. However, such evidence cannot be
used for applying for a UK passport. The public announcement by
an advertisement in local or national news paper can be used as
evidence that he has changed his name and stopped using previous
name. Statutory declarations are generally accepted as evidence
for change of name. A Deed Poll is a formal statement to prove
change of name is sufficient. A person changing of name by Deed
Poll has to consult Citizens Advice Bureau.
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22) Change of name in SOUTH AFRICA: Any one in
South Africa can apply to the Dept. of Home Affairs to have his
name changed. Now name changes are officially recorded where
as earlier there were no records of people who changed their
names. The Births & Deaths Registration Act, 1992 read with
Identification Act, 1997 provides for the rectification,
amblification and amendments of personal information of
individual as contained in the National Population Registration
(NPR) of South Africa. The different types of amendments are
provided in the Births and Deaths Registration Act, 1992 are as
under:
1. Sec. 11 (1): Re-registration of a child born out of wedlock.
2. Sec.11 (4) : Insertion of biological father’s particulars in the birth registration of his child registered as born out of wedlock.
3. Sec. 23 : Insertion of a forename or surname in a birth registration of a person registered without a forename or surname.
4. Sec. 24 : Change of forename(s). 5. Sec. 25 : Change of surname of a minor. 6. Sec. 26 : Change of surname of majors. 7. Sec. 27 (A) : Change of gender
23) British Columbia of Canada being the only State
which has enacted a comprehensive statute known as “Name Act”.
We consider it worthwhile to extract the entire Act as follows:
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State of British Columbia - Canada
NAME ACT [RSBC 1996] CHAPTER 328
Contents
1 Definitions
2 No change of name except under Act
3 Use of surnames on marriage
4 Persons entitled to change names
5 Change of name on dissolution or nullity of marriage
6 Repealed
6.1 Criminal record check
7 Documents to be filed with chief executive officer
8 Power to take affidavits
9 Change of name registered or refused
10 Effect of registration
11 Certificate of change of name
12 Publication of change of name
13 Search and evidence
14 Notation of names after alteration
15 Obtaining of change of name by fraud
16 Offences
17 Power to make regulations
18 Forms
Definitions
1 In this Act: "change" includes a change by way of alteration, substitution, addition or abandonment; "chief executive officer" means the chief executive officer under the Vital Statistics Act;
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"given name" means a name other than a surname; "name" means given name or surname, or both; "surname" includes a family name and patronymic; "vital statistics registrar" means a vital statistics registrar under the Vital Statistics Act;
No change of name except under Act
2 (1) A person in British Columbia must not change his or her name
unless authorized so to do by section 4, and then only in the manner provided by this Act.
(2) Subsection (1) does not apply to any of the following:
(a) a change in the surname of one spouse to the surname of the other spouse;
(b) a change in name resulting from adoption under the Adoption Act;
(c) a change of name appearing on a certificate of naturalization;
(d) a change in name under the Vital Statistics Act; (e) a change of name under section 5.
Use of surnames on marriage 3 A spouse by marriage may
(a) use the surname he or she had immediately before the marriage,
(b) use the surname he or she had at birth or by adoption, or
(c) use the surname of his or her spouse by marriage.
Persons entitled to change names 4 (1) Subject to this section, a person who has attained the age of
majority or, if the age of majority has not been attained, is a parent having custody of his or her child and who is domiciled in British Columbia for at least 3 months, or has resided in British Columbia for at least 3 months immediately before the
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date of the application, may, unless prohibited by this or another Act, change his or her name on complying with this Act.
(2) If the minister is satisfied that it is in the public interest to do
so, the minister may waive the residency requirements of subsection (1).
(3) Subject to subsection (4), a person who is the parent of and
who has custody of an unmarried minor child may, with the consent of the other parent of the child, apply to change the child's name, but, if the application is to change the child's surname to that of the applicant's spouse, the consent of the spouse is required.
(4) If a person applies to change the name of an unmarried
minor child who has attained the age of 12 years, he or she must first obtain the consent in writing of the child.
(5) If a person whose consent is required under this Act
(a) is deceased or mentally disordered or cannot after reasonable, diligent and adequate search be located, or
(b) is, in the opinion of the chief executive officer, unreasonably withholding his or her consent,
the applicant may, with the approval of the chief executive officer, proceed with the application without the consent of that person. (6) If, in the opinion of the chief executive officer, exceptional
circumstances make it unreasonable to seek the consent of a person as required under this Act, the applicant may, with the approval of the chief executive officer, proceed with the application without the consent of that person.
Change of name on dissolution or nullity of marriage 5 (1) If
(a) a court in Canada has (i) granted a decree absolute for dissolution of a marriage, or (ii) made an order for nullity of a marriage, or
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(b) a judge or officer of a court in Canada has issued a certificate stating that a divorce granted under the Divorce Act (Canada) has dissolved a marriage,
the Supreme Court may, at any time, on the application of a former spouse, order that his or her name be changed to the name he or she desires. (2) If an applicant under subsection (1) has minor children of the marriage of whom he or she has lawful custody, the applicant may also apply to the Supreme Court to change the name of those children, but the Supreme Court, before making an order under subsection (1) in respect of those children, must require the written consent of the other parent. (3) If the Supreme Court renders a judgment granting a divorce, it may, at the same time and whether or not claimed in the petition for divorce or by motion in the divorce proceeding, order that the name of a spouse be changed to the name he or she desires, to become effective on the same day as the judgment granting the divorce. (4) If an application under this section is granted, the order must state the name to which the name of the spouse or children is changed. (5) The district registrar of the court must transmit a copy of the order to the chief executive officer, who must register the change of name accordingly.
Repealed 6 [Repealed 2002-12-25.]
Criminal record check 6.1 (1) A person entitled to change his or her name or the name of his or
her minor child under section 4 must, within the 30 day period before the person files an application under section 7, start a process, satisfactory to the chief executive officer, for a criminal record check of the person whose name is to be changed.
(2) Subsection (1) applies to a minor child only if the child is at least
18 years of age.
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Documents to be filed with chief executive officer
7 (1) An applicant for a change of name must pay the prescribed
fees to the chief executive officer and must file with the chief executive officer an application containing all of the following:
(a) a statement of all relevant facts; (b) an affidavit verifying the application; (c) the consent of every person whose consent is
necessary under this Act; (d) [Repealed 2002-12-26.] (e) further documentary evidence or information required by the chief executive officer; (f) the name and address of every person whose name will be changed because of a change of name of the applicant.
(1.1) In addition to the requirements set out in subsection (1), an applicant for a change of his or her name must file with the chief executive officer a form that authorizes the chief executive officer to provide the Royal Canadian Mounted Police with
(a) the applicant's name and change of name to be registered under this Act, (b) the applicant's fingerprints, (c) the applicant's date of birth, and (d) other personal information of the applicant that is necessary for a criminal record check to be conducted.
(1.2) In addition to the requirements set out in subsection (1), an applicant for a change of name of his or her minor child who is at least 18 years of age must file with the chief executive officer a form that authorizes the chief executive officer to provide the Royal Canadian Mounted Police with
(a) the child's name and change of name to be registered under this Act, (b) the child's fingerprints, (c) the child's date of birth, and
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(d) other personal information of the child that is necessary for a criminal record check to be conducted.
(1.3) Despite subsection (2) but subject to the regulations, the chief executive officer must disclose to the Royal Canadian Mounted Police information related to an applicant or his or her child that is described in subsection (1.1) or (1.2), as the case may be, on the change of the applicant's or child's name being registered under section 9. (2) The chief executive officer must preserve in his or her office all documents filed with the chief executive officer, and except as provided in section 13, neither the documents themselves or information contained in the documents may be made available to any person, except the following:
(a) an officer of the government; (b) a person authorized by the minister in writing; (c) a person who has obtained from the Supreme Court an order permitting inspection.
(3) An order under subsection (2) (c) must not be made except on an application showing good cause, of which 5 days' notice has been served on the chief executive officer.
Power to take affidavits 8 The chief executive officer, an inspector of vital statistics or a vital
statistics registrar has the powers of a commissioner for taking affidavits for British Columbia for the purposes of this Act.
Change of name registered or refused
9 (1) On receipt of an application and of the documents required to be filed with it, the chief executive officer must, if the chief executive officer is satisfied that the proposed change is authorized by this Act, register the change of name.
(2) If the chief executive officer is not satisfied that the proposed change is authorized by this Act the chief executive officer must refuse to register the change of name and must notify the applicant.
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(3) The chief executive officer must not register a change of name that would result in the applicant having only one name. (4) The chief executive officer must refuse an application if the chief executive officer is of the opinion
(a) that the name that the applicant seeks to adopt might reasonably cause mistake or confusion or be a cause of embarrassment or confusion to any other person, or (b) that the change of name is sought for an improper purpose or is on any other ground objectionable.
(5) If the chief executive officer refuses to register a change of name, the applicant, within 30 days after receipt of notification of the refusal, may appeal the refusal to the Supreme Court. (6) The court
(a) may consider the evidence it considers relevant, (b) must dispose of the appeal in a summary manner, and (c) may make the order it thinks proper.
(7) The appellant must serve notice of the appeal on the chief executive officer not less than 5 days before the hearing. (8) An appeal from a decision of the court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
Effect of registration
10 (1) Registration under section 9, for all purposes, effects the change of name according to the tenor of the application.
(2) Registration of a change of surname of a person shall, subject to section 4 (3) and (4), effect a similar change in the surname of each of the unmarried minor children of the applicant that is included in the application.
Certificate of change of name 11 (1) If a change of name has been effected under section 10, a
certificate of change of name, setting out the names of all persons for whom a change of name has been effected, signed by the chief executive officer and issued under the chief executive officer's seal of office, must
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(a) be kept in the office of the chief executive officer, and (b) be preserved and remain in the chief executive officer's custody as part of the records of the chief executive officer's office.
(2) The chief executive officer must deliver or mail to the applicant a copy of the certificate.
Publication of change of name 12 (1) Promptly after issuing a certificate of change of name under
section 11, the chief executive officer must publish
(a) the person's new and former names, (b) the person's date of birth, (c) the name of the municipality in which the person resides, and (d) the effective date of the certificate.
(2) Publication under subsection (1) may be in any form accessible to qualified applicants as determined by the chief executive officer, including electronic publication. (3) Subsection (1) does not apply if
(a) the change of name is made for the sole purpose of changing the surname of a minor to the surname of the applicant, or (b) in the opinion of the chief executive officer, publication is not in the public interest.
Search and evidence 13 (1) A person, on application and on payment of the prescribed fees,
may have a search made of the registrations of changes of names kept in the office of the chief executive officer and may obtain from the chief executive officer a certificate stating the facts as registered for a change of name.
(2) No person, except as provided in section 7, is entitled to have access to the documents filed under section 7 or to obtain copies of the documents.
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(3) A certificate purporting to be issued under this section must be received in every court in British Columbia as proof in the absence of evidence to the contrary of the facts in it certified to be registered or recorded. (4) It is not necessary to prove the signature or official position of the person by whom the certificate purports to be signed. (5) If the chief executive officer has made a determination under section 12 (3) (b) not to publish a change of name and the chief executive officer considers it in the public interest to do so, the chief executive officer may refuse to issue a certificate under subsection (1) of this section or give information respecting the person's change of name.
Notation of names after alteration
14 (1) If the name of a person of whose birth registration has been made under the Vital Statistics Act is changed under this Act, the chief executive officer must cause a marginal notation of the change of name to be made on the original record of the birth or marriage of the person.
(2) Despite subsection (1), a change of surname must not be made on the registration of a marriage that has been dissolved or that has been terminated by the death of one of the spouses. (3) If an application is made for a certificate of the registration of birth or marriage on the record of which a marginal notation has been made under subsection (1), the chief executive officer must issue the certificate as if the original registration had been made in the name of that person as changed under this Act.
Obtaining of change of name by fraud 15 (1) If a person has been convicted of obtaining a change of name
by fraud or misrepresentation, after the time for appeal against the conviction has expired, or if, an appeal having been taken, the conviction is sustained, the chief executive officer must annul the change of name by order effective from the date named in it.
(2) A marginal notation of the order must be made on the certificates issued under section 11.
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(3) If the chief executive officer has, under subsection (1), annulled a change of name, the chief executive officer may by order require a person to whom a copy of the certificate has been issued under this Act promptly to deliver it up.
Offences 16 (1) A person who by fraud or misrepresentation effects a change of
name under this Act and a person who violates a provision of this Act or who fails to comply with a provision, commits an offence.
(2) A person who commits an offence under subsection (1) is liable on conviction to a penalty of not more than $500 or to imprisonment for any term not longer than 6 months. (3) A person who refuses or neglects to comply with an order under section 15 (3) commits an offence. (4) A person who commits an offence under subsection (3) is liable on conviction to a penalty of not more than $100 and costs. (5) Proceedings may not be taken against a person under this Act without the consent in writing of the Attorney General.
Power to make regulations
17 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations prescribing fees to be paid for anything done or permitted to be done under this Act. (2.1) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations establishing circumstances in which section 7 (1.3) does not apply. (3) The chief executive officer may waive the collection of a fee from a person if the chief executive officer considers it necessary in order to obtain compliance with the Act or to avoid hardship to the person.
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Forms 18 The chief executive officer may establish forms to be used for the
purposes of this Act. ”
24) On careful study of the relevant provisions regulating
change of name prevailing in different parts of India and different
parts of the world, we feel that the Registration of Births and
Deaths Act 1969 should be suitably amended to provide for
effecting change of name in the State of Karnataka.
25) As Section 15 of the Act provides only for correction
or cancellation of the entry in the register of births and deaths and
does not provide for effecting change of name, the Commission is
of the opinion that in the interest of general public desiring to
change their name the Act should be suitably amended
empowering the State of Karnataka to prescribe a proper procedure
for effecting change of name entered in the register of births and
deaths maintained under the Act.
26) Accordingly, the Commission recommends that after
Section 15 of the Act, the following shall be added as Section 15A
by amending the Registration of Births and Deaths Act, 1969 so far
as State of Karnataka is concerned:
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“15A. Change of name entered in the
Register of Births & Deaths:
Any person whose name is entered in the
Register of Births and Deaths in the State of
Karnataka and whose name is entered in the Register
of Births and Deaths in any other State and has been
staying in the State of Karnataka for a prescribed
period shall be entitled to seek change of his name in
the Register of Births in accordance with the rules of
procedure prescribed by the State of Karnataka in this
behalf.”
27) As the Registration of Births and Deaths Act, 1969
has been enacted by the Parliament under entry No.30 of List-III
(Concurrent List) of Seventh Schedule to the Constitution, the said
Act can be amended so for as the State of Karnataka is concerned
by following the procedure prescribed by Article 254 of the
Constitution which reads as follows:
254. Inconsistency between laws made by
Parliament and laws made by the Legislatures of
States. -- (1) If any provision of a law made by the
Legislature of a State is repugnant to any provision of
a law made by Parliament which Parliament is
competent to enact, or to any provision of an existing
law with respect to one of the matters enumerated in
the Concurrent List, then, subject to the provisions of
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clause (2), the law made by Parliament, whether
passed before or after the law made by the
Legislature of such State, or, as the case may be, the
existing law, shall prevail and the law made by the
Legislature of the State shall, to the extent of the
repugnancy, be void.
(2) Where a law made by the Legislature of a
State 1[***] with respect to one of the matters
enumerated in the Concurrent List contains any
provision repugnant to the provisions of an earlier
law made by Parliament or an existing law with
respect to that matter, then, the law so made by the
Legislature of such State shall, if it has been reserved
for the consideration of the President and has
received his assent, prevail in that State:
Provided that nothing in this clause shall
prevent Parliament from enacting at any time any law
with respect to the same matter including a law
adding to, amending, varying or repealing the law so
made by the Legislature of the State.
28) After the Act is amended by adding Section 15A, the
State Government shall prescribe separate rules of procedure
providing for change of name. In framing the rules, the State may
take into consideration the following suggestions of the
Commission relating to some important aspects. The Rule making
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authority shall frame exhaustive rules as they consider just and
proper.
SUGGESTIONS FOR CONSIDERATION:
A) Definitions :
“Name” means word or words by which a person is described in
the Birth Certificate;
“Change of name” means word or words one chooses to be known
by, in place of the name recorded in the Birth Certificate;
B) Right to a name:
Every person has a right to a name and to describe himself or
to be known, in any manner such as:
(a) by his given name;
(b) by his given name and name of father/mother/husband;
(c) by his given name, name of father/mother/husband and
name of family/surname/place;
Note: “Name” includes the first letter of the name called as
initials.
C) Right to change one’s name:
A person who is known or described in any manner may
give up describing or being known in that manner and choose any
other name.
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D) Change of name only in accordance with the provisions of
the Act:
No change of name recorded in the birth register &
certificate shall be made except in accordance with the procedure
prescribed under the Act/Rules.
E) Authority empowered to grant change of name:
The Registrar competent to issue the Birth Certificate in the
case of the Applicant whose name has been registered in the State
of Karnataka and in the case of the Applicant whose name has been
registered in another State, the Registrar in the State of Karnataka
within whose jurisdiction the Applicant seeking change of name is
residing shall be competent to entertain the application.
F) Fees for the application for change of name:
The fee payable by the applicant whose name is registered in
the Birth Register in the State of Karnataka shall be Rs.1,500/- and
the fee payable in the case of the applicant whose name is
registered in another State shall be Rs.3,000/-.
G) Application for change of name:
Any person who intends to seek change of his name shall
make an application in the prescribed form in accordance with the
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provisions of the Act and comply with the prescribed procedure.
Non-compliance with the same shall entail summary rejection of
the application.
Draft of the application form is enclosed as Annexure-1.
H) Change of name recorded in the birth certificate shall be
made for any of the following reasons:
i) bonafide desire of the applicant,
ii) marriage/remarriage,
iii) divorce,
iv) adoption,
v) religious conversion/reconversion,
vi) change of nationality and
vii) change of sex.
I) Eligibility of persons to seek change of name/s:
Unless disqualified under any law, any person who is
competent to enter into contract under Section 11 of the Indian
Contract Act, 1872 shall be eligible to seek change of his name
provided
(i) His name is registered in the birth register maintained
under the Act in the State of Karnataka or
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(ii) His name is registered in the register maintained under
the Act in any other State and who has been residing
in the State of Karnataka continuously for not less
than one year as on the date of application.
J) Procedure for dealing with the application for change of
name:
i. The Registrar shall at the expense of the applicant
send notice of the filing of the application for change of name
to all persons, who in his opinion who are likely to be
affected/interested, by registered post and direct the applicant
to publish in one issue of Karnataka Gazette and in one issue
of a Kannada daily News paper having wide circulation in the
locality along with a passport size recent photograph of the
applicant, in the form prescribed at Annexure-2 notifying the
filing of the application for change of name and inviting
objections if any with reasons thereof so as to reach the
Registrar within two weeks.
ii. The Registrar shall send copies of the objections if
any received, to the applicant and notify him to appear before
him on the date and time so fixed for hearing of the
application, by registered post. The Registrar may if he
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considers necessary notify any person who has filed objection
to appear before him to substantiate his objections. On the
date so fixed, the Registrar shall hear the applicant and
objectors if any, consider the objections and all relevant
materials and record his decision on the application. He shall
furnish copy of his order to the applicant and the objectors
whom he has heard.
iii. If the application for change of name is granted,
the Registrar shall take steps to publish the same in one issue
of Karnataka Gazette in the form prescribed in Annexure-3.
iv. Once the application for change of name is granted, an
appropriate certificate regarding change of name shall be issued to
the Applicant. A format of Change of Name Certificate is
furnished as Annexure-4.
K) Grounds for refusing change of name:
The prescribed authority shall reject the application for
change of name for reasons to be recorded in writing if it is
satisfied that it is intended or is likely:
(i) to avoid legal action or judgment;
(ii) to avoid debts or obligations;
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(iii) to cheat or defraud any person/s;
(iv) to capitalize on the name of famous person/s;
(v) to threaten or incite to violence;
(vi) to be against public interest;
(vii) to result in the applicant having only one name or
initials or numbers;
(viii) to cause mistake or confusion or embarrassment to
any other person.
L) Penalty for producing false information or false documents:
If the applicant furnishes false information in the application
or produces false documents in support of his application, he shall
be liable to be punished with imprisonment upto one year and fine
upto one lakh rupees and if the certificate of change of name has
been granted, the same shall be cancelled.
M) Maintenance of Register regarding change of name:
It is desirable that an appropriate register is maintained
where change of name is recorded. It is on the basis of that register
a copy of the change of name certificate shall be issued. Suitable
fee may be prescribed for issuing copy of the certificate. Suitable
provision shall be made in this behalf.
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N) Change of name of persons from other States:
As provision is being made for persons from other States,
presently residing in Karnataka to apply for change of name, it is
necessary to make an appropriate provision requiring copy of the
order permitting change of name to be sent to the Registrar of
Births of the other State where his birth is registered.
O) Power to prescribe other incidental provisions for carrying
out the aims & objects of the Act/Rules:
The State Government shall prescribe such other rules or
orders as it deems necessary for carrying out the aims and objects
of the Act relating to change of name.
P) Appeals and Appellate Authority:
Any person aggrieved by the order passed by the Registrar
on the application for change of name may challenge the said order
in appeal before the Chief Registrar within sixty days of the
passing of the order on payment of a fee of one thousand rupees.
The order of the Chief Registrar shall be final and given effect to.
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RECOMMENDATIONS:
29) A) For the reasons stated above, the Commission
recommends to the Government of Karnataka to take steps to
amend the Registration of Births and Deaths Act, 1969 after due
compliance with the provisions of Article 254 of the Constitution
of India, as follows:
“15A. Change of name entered in the Register
of Births & Deaths:
Any person whose name is entered in the
Register of Births and Deaths in the State of
Karnataka and whose name is entered in the
Register of Births and Deaths in any other State and
has been staying in the State of Karnataka for a
prescribed period shall be entitled to seek change of
his name in the Register of Births in accordance
with the rules of procedure prescribed by the State of
Karnataka in this behalf.”
B) The Commission further recommends that
after Section 15A is added it shall frame exhaustive Rules
for giving effect to the said provisions bearing in mind of
the suggestions made by the Commission in paragraph
No.28.
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ANNEXURE-1
Application for Change of Name
(Under Section 15A of Birth & Death Registration, Act 1969)
Before the Registrar of Births (name of area).
…………………………….
(Name of the applicant as
registered in the Birth Register)
……………………………….
…………………………..
(Present address)
Application u/S.15A of the Birth and Death Registration Act, 1969 r/w
Karnataka Change of Name Rules………………….
1. The applicant above named hereby applies to effect change of his name entered
in the Birth and Death Register maintained in the office of Registrar, (name of area)
which read as “ (in capital letters) ” to the new name which reads
as “ (in capital letters)”.
2. The Applicant was born at_______________ on ___________. Applicant’s
name has been registered as “ (in capital letters) ” in the Register of Births maintained in
the Register at (name of area) and the certified copy of which is enclosed
herewith. The applicant now intends to take the new name “ (in capital letters)” and
desires to be known by that name for the following reasons:
________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_____________
affix passport size recent, colour
photograph of
the applicant
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3. Accordingly, the applicant hereby applies for change of his name presently
entered in the Birth Register as “ (in capital letters) ” to the new name “(in capital
letters)” and desires to be known by that name hereafter.
4. The relevant information in support of this application is furnished in the
annexure to this application.
5. The application is bonafide and the applicant is not seeking change of name for
securing any unfair advantage or to affect the rights of anyone else or to avoid legal
action or judgment or to avoid debts and obligations or to cheat or defraud any person or
to threaten or incite to violence or to capitalize on the name of famous person.
6. The applicant hereby undertakes to inform in writing everyone concerned about
the change of his name and to take action to make entry of the new name wherever
necessary. The applicant undertakes to reimburse the loss that may be caused to the
innocent persons by misuse of privilege of securing change of name.
7. The applicant is aware that he shall be liable for prosecution and punishment if
he misuse the privilege of securing change of name.
8. The applicant’s passport size recent, colour photograph is affixed to this
application.
9. The prescribed fee for the application has been paid and a receipt is enclosed.
10. The applicant hereby prays that his changed name be duly recorded in the
relevant Birth Begister and a copy of the Birth Certificate incorporating the changed
name be furnished.
The applicant herein states on oath/solemn affirmation that what is stated in this
application is true and correct to the best of his knowledge, belief and information.
Place:
Date:
Signature of the Applicant
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annexure to the application: (information in support of the application)
I. Particulars of the Applicant:
i) Father’s name :
ii) Mother’s name :
iii) Wife’s name :
iv) Children’s name : 1.
2.
v) Educational qualification :
vi) Name of the Employer, (if any) :
vii) Adhaar Card No :
viii) Driving License No :
ix) Ration Card No :
x) Passport No :
xi) Voter’s I.D. No :
xii) Name of the Bank & Account No :
xiii) PAN Card No :
xiv) Govt. ID Card No :
xv) Any other Identity Card No:
II. Other Particulars: i) Particulars of the Civil or Criminal cases to which he has been a party:
ii) Particulars of other substituting debts/liabilities:
iii) Particulars of punishments imposed by any Court or Authority:
iv) Particulars of civil, criminal or other legal proceedings to which he is a party,
v) Particulars of Taxes, Cess, Fees or other dues owed by the applicant;
vi) Particulars of the occupation, trade, profession, business or employment of
the applicant:
Place:
Date: Signature of the Applicant
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ANNEXURE-2
NOTICE REGARDING
CHANGE OF NAME
It is hereby notified that
Sri/Smt. “(in capital letters)” r/o _________
has applied to the Registrar ____________
seeking permission to change his name to
“ (in capital letters) ”. If any person has
any objection, may send his objection in
writing with reasons and materials if any in
support thereof to the under signed on or
before _________.
Place: Sd/-
Date: ‘seal’ REGISTRAR
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ANNEXURE-3
NOTIFICATION OF CHANGE OF NAME
This is to notify that the Registrar of Births
_______________ by his order dated _____________ in case
No.______________ granted approval to
Sri/Smt. “ (in capital letters) ” to change his/her name
and that he/she shall hereafter be known by his/her new name
“ (in capital letters) ”.
Place: Sd/-
Date: ‘seal’ REGISTRAR
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ANNEXURE-4
Note: Copy of ‘Birth Certificate’ shall be printed on the other side or
below the ‘certificate of change of name’.
*****
¸ÀPÁðj ªÀÄÄzÀæuÁ®AiÀÄ, «PÁ À̧ ¸ËzsÀ WÀlPÀ, ¨ÉAUÀ¼ÀÆgÀÄ, PÁ¸ÀÆ 268-250 ¥ÀæwUÀ¼ÀÄ (¦1)
CHANGE OF NAME CERTIFICATE
This is to certify that on the application of Sri/Smt
____________ (as recorded in the Birth Certificate) requesting to
change his name to read as “ (in capital letters) ”,
after making due enquiry in accordance with the provisions of
Section 15-A of the Registration of Birth and Deaths Act, 1969
and Rules made there under, the Registrar by his order No.
_________________ dated ___________ has granted the
application. Accordingly, he/she shall hereafter be described or
known by the changed name which reads as “ (in capital
letters) ” with effect from (date) .
Place:
Sd/-
Date: ‘seal’ REGISTRAR