Alappuzha

Revenue Divisional Office (RDO) Services




(a) Man Missing Certificates

The Man Missing Certificates for getting financial assistance from the welfare fund Boards are issued by the Revenue Divisional Officer. The application for the Man Missing Certificates shall be submitted to the Revenue Divisional Officer with a court fee stamp worth Rs.5/- affixed in it. The certificate will be issued by the Revenue Divisional Officer after making enquiry through the Station House Officer of the Police Station concerned.

(b) Character and Antecedents Certificates

The application for the counter signature of Character and Antecedents Certificates shall be submitted to the Revenue Divisional Officer with a court fee stamp worth Rs.5/- affixed in it. The Character and antecedents certificate obtained from the authorized officer should be submitted along with the application. The counter signed certificate shall be issued with in 3 days from the date of receipt of application.
A disaster/natural calamity is an event triggered by natural or man made causes that lead to sudden disruption of normalcy within society, causing wide spread damage to life and property. As the Sub Divisional Officer, the Revenue Divisional Officer is bound to convey information immediately to the District Collector. The Revenue Divisional Officer has to render assistance for evacuation, rescue, relief, shelter, food, clothing, medical aid, sanction, and rehabilitation etc. of the affected.
The authority competent to assign land for beneficial enjoyment in the Panchayat area is the revenue Divisional Officer as per Note 1 to Rule 6(2) of the Kerala Land Assignment Rules, 1964. Application duly filled in the prescribed performa may be submitted to the Revenue Divisional Officer with a court fee stamp worth Rs.5/-affixed in it. The extent of government land that may be granted on registry when the same is indispensably required for the beneficial enjoyment of adjoining registered holdings shall not exceed, in the case of one registered holding, fifteen cents (6.072 ares).The assignment of land for beneficial enjoyment shall be subject to the market value of the land at the time of assignment and survey and demarcation charge excluding the value of improvements, if any, made by the occupants on the land.
The application duly filled in the white paper with a court fee stamp worth Rs.5/- affixed in it should be submitted to the RDO along with the original stamp paper .The reason for the non execution/spoliation should be shown in the application.
The RDO can make allowance for impressed stamps spoiled in the cases namely

a. the stamp on any paper inadvertently and undesignedly spoiled. Obliterated or by error in writing to any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person;

b. the stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto;

c. the stamp used for an instrument executed by any party thereto which –
(1) has been afterwards found to be absolutely void in law from the beginning;
(2) has been afterwards found unfit, by reason of any error or mistake therein, for the purpose originally intended;
(3) by reason of the death of any person by whom it is necessary that it should be executed, without having executed the same, or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed;
(4) for want of the execution thereof by some material party, and his inability or refusal to sigh the same, is in fact incomplete and insufficient for the purpose for which it was intended;
(5) by reason of the refusal of any person to act under the same, or to advance any money intended to be thereby secured or by the refusal of non-acceptance of any office thereby granted, totally fails of the intended purpose;
(6) becomes useless in consequence of the transaction intended to be thereby effected , being effected by some other instrument between the same parties and bearing a stamp of not less value;
(7) is deficient in values and the transaction intended to be thereby effected has been effected by some other instrument between the same parties and bearing a stamp of not less value;
(8) is inadvertently and undesignedly spoiled, and in lie whereof another instrument made between the same parties and for the same purpose is executed and duly stamped:

Provided that, in the case of an executed instrument, no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence and that the instrument is given up to be cancelled.

The instrument shall be submitted with in two months from the date of the instrument in case the instruments fall in clause ( c) (5) and in case of a stamped paper on which no instrument has been executed by any of the parties thereto, within six months after the stamp has been spoiled and in case of a stamped paper in which an instrument has been executed by any of the parties thereto, with in six months after the date of the instrument or , if it is not dated , within six months after execution thereof by the person by whom it was first or alone executed . The stamp value will be refunded after deducting 6% of the stamp value. The Revenue Divisional Officer authorized to exercise the powers of the Collector under sections 16,18,31,32,37,38,39,40,41,46,47,50,51,52,54,59 and 68 of the Act.
The adjudication of power of attorney is carried out by the Revenue Divisional Officer under the provisions of the Stamp Act. Application for the adjudication should be submitted to the Revenue Divisional Officer with a court fee stamp worth Rs.5/- affixed in it along with the Original power of attorney and an affidavit duly attested by a gazetted officer/advocate/notary public. If the power of attorney is executed in the stamp paper for proper value, the applicant is liable only to remit Rs.10/- as adjudication fees, while the power of attorney is not executed in the proper stamp paper, the applicant is liable to remit Rs.50/- for special power of attorney and Rs.150/- for general power of attorney in addition to the adjudication fee. The document executed outside India should be submitted with in three months from the date of execution and the documents executed within India should be submitted within one month for adjudication.
The Senior Superintendent and Junior Superintendent are the State Public Information Officers related to the Revenue Divisional Office. As the State Public Information Officer, the Senior Superintendent and Junior Superintendent shall provide the information required for the persons under the provisions contained in the Right to Information Act, 2005.Those who are aggrieved by the order of the State Public Information Officer can approach the Revenue Divisional Officer who is the Appellate Authority under Right to Information Act, 2005.
A person, who desires to obtain any information under this Act, shall make request in writing or through electronic means accompanying the fee prescribed, to the State Public Information Officer. 'Right to Information' means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to -
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in other electronic mode or through printouts where such information is stored in a computer or in a computer or in any other device.
The State Public Information Officer shall provide the information within forty-eight hours of the receipt of the request where the information sought for concerns the life or liberty of a person and in other cases as expeditiously as possible, and in any case within thirty days of the receipt of the same.
Any person who does not receive a decision within the time specified or aggrieved by a decision of the State Public Information Officer can prefer an appeal to such Officer who is senior in rank to the State Public Information Officer within thirty days from the expiry of such period. An appeal filed as such shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing. A second appeal against the decision of the first appeal may be preferred to the State Information Commission.
(a) Transfer of registry
The appeal against the transfer of registry sanctioned by the Tahsildar shall lie to the RDO under Rule 18 of the Transfer of Registry Rule 1966(as per GO (MS) 19/92/RD dated 17.01.1992). Appeal shall be presented with in 30 days from the date of receipt of the order. No appeal shall be admitted unless accompanied by the original or a certified copy of the order appealed against and the appeal petition shall be duly stamped. A legal benefit fund stamp worth Rs.50/- should also be affixed in the appeal. The person aggrieved by the order of the RDO can move with a revision petition before the District Collector. No revision shall however be entertained by the District Collector unless the parties have exercised the right of appeal prescribed under this rules.

(b) Building Tax
An appeal against the assessment order made by the Tahsildar shall lie to the Revenue Divisional Officer. Appeal shall submit in the prescribed form. No appeal shall be admitted unless accompanied by the original or a certified copy of the order appealed against and the appeal petition shall be duly stamped. A legal benefit fund stamp worth Rs.50/- should also be affixed in the appeal. The person aggrieved by the order of the Revenue Divisional Officer can move with a revision petition before the District Collector.
The application in white paper with a court fee stamp worth Rs.5/- shall be submitted to the Sub Divisional Magistrate for the belated registration of deaths and births. The Sub Divisional Magistrate is empowered to issue sanction for the registration of belated registration of deaths and births under rule 9(3) of the Registering of Births and Deaths Rule, 1999 and in accordance with the GO No.59131/70/Home dated.5.8.1972. The reason for the delay should be shown in the application. An affidavit sworn before a notary public / advocate / Gazetted Officer in the stamp paper worth Rs.50/- and a Non Availability Certificate's (NAC) obtained from the native Panchayat / Municipality / Corporation of the father and mother of the child should also be submitted along with the application. The matter will be enquired through the Village Officer concerned. The applicant will get birth/death certificates from the local bodies in pursuance of the proceedings of the RDO.
Application for land relinquishment shall be submitted to the revenue Divisional Officer in the form prescribed with a court fee stamp worth Rs.5/- affixed in it. The matter will be enquired into through the village Officer and further steps will be taken by the RDO. The land which can be relinquished, should be free from all encumbrances.
An application for the removal of public nuisance shall be submitted to the Sub Divisional Magistrate with a court fee stamp worth Rs,5/- affixed in it. The sub Divisional Magistrate if he thinks fit, considers-

(a) that any unlawful obstruction or nuisance should be removed from any public place or from any sway, river or channel which is or may be lawfully used by the public: or

(b) that the conduct of any trade or occupation or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated: or

(c) that the construction of any building , or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped: or

(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighborhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary: or

(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public: or

(f) that any dangerous animal should be destroyed, confined or otherwise disposed of,

such magistrate may make conditional order requiring the person causing such nuisance to remove the same with in a time fixed in the order.
The sub Divisional Magistrate may hold an enquiry into the cause of death with in twenty four hours where (a) any person dies or disappears or, (b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorized by the Magistrate of the Court, in addition to the inquiry or investigation held by the police, and forward the body with a view to its being examined to the Civil Surgeon. A report regarding the death shall immediately be informed to the Secretary, National Human Rights Commission. The detailed magisterial enquiry report will also be prepared and sent to the National Human Rights Commission with in twenty four hours.
The Tahsildar will submit proposal for the confirmation of sale to the Revenue Divisional Officer .The Revenue Divisional Officer is empowered to confirm the sale of immoveable property auctioned under Kerala Revenue Act, 1968, on expiry of 30 days from the date of sale , if no application to have the sale set aside is made under Section 52 and 53 or if any such application been made and rejected. All immoveable property brought to sale on account of arrears of public revenue due on land shall be sold free of all encumbrances , and if any balance shall remain after liquidating the arrears with interest thereon and cost of process, it shall be paid over to the defaulter. After the confirmation of sale, the Revenue Divisional Officer shall register the immoveable property sold in the name of the person declared to be the purchaser and shall execute and grant a certificate of sale bearing his seal and signature to the purchaser under section 56 of the Revenue Recovery Act, 1968.
An executive magistrate exercises function, which are administrative or executive in nature such a granting of a license, sanctioning of prosecution, issuing of prohibitory orders etc. Apart from the Criminal Procedure Code, Executive Magistrate exercises so many functions under various acts like, The Kerala Police Act ,1960, The Indian Telegraph Act, the Press Registration and Books Act, 1867, The Kerala Stamp Act ,1959, The Registration of Births and Deaths Act1969, The Arms Act, The Petroleum Act, The Explosives Act ,1884, The Official Secrets Act 1923, The bonded Labour System(Abolition)Act, The prevention of atrocities Act, 1989, The Abkari Act etc.

The main functions under Criminal Procedure Code are noted below,

1. Magistrate can demand the assistance of the public (section .37 cr.pc)
2. Arrest by magistrate (section 44 cr.pc)
3. Police to report apprehensions (section 58 cr.pc)
4. Arrest is executed outside the district (section 80 & 81 cr.pc)
5. Procedure as to letters and telegrams (section .92 cr.pc)
6. Search of place suspected to contain stolen property, forged ducmets etc,. (section 94 cr.pc)
7. Power to declare certain publications forfieted and to issue search warrant for the same (section 95 cr.pc)
8. Search for persons wrongfully confined (section .97 cr.pc)
9. Power to compel restoration of adbucted females (section .98 cr.pc)
10. Security for keeping peace (section .107 cr.pc)
11. Security for keeping good behaviour from persons disseminating seditious matters (section .108 cr.pc)
12. Security for good behaviour from suspected persons (section.109 cr.pc)
13. Security for good behaviours for habitual offenders (section.110 cr.pc)
14. Disposal of assembly by use of civil force (section.129 cr.pc)
15. Use of armed forces to disperse assembly (section.130 cr.pc)
16. Public nuisances (section.133 to 143 cr.pc)
17. Iinjunction order (section 142 cr.pc)
18. Power to issue order in urgent cases of nuisance or apprehended danger (section.144 cr.pc)
19. Power to prohibit carrying arms in procession or mass drill or mass training with arms.(section 144-a cr.pc)
20. Procedure where dispute concerning land or water is likely to cause breach of peace (section.145 cr.pc)
21. Power to attach subject of dispute and to appoint receiver. (section.146 cr.pc)
22. Dispute concerning right of use of land or water (section 147 cr.pc)
23. ocal inquirty (section.148 cr.pc)
24. inquests (section.174 cr.pc)
25. custodial death and custodial rape (section.176 (1) cr.pc)
26. exhumation of deadbody (section.176 (3) cr.pc)
27. making over or withdrawal of cases by executive magistrate (section .411 cr.pc)
28. order for custody and disposal of property pending trial (section. 451 cr.pc)
29. order for disposal of property at conculusion of trial (section. 452 cr.pc)
30. disposal of property where no claimant appears with in six motnths (section. 458 cr.pc)
31. disposal of perishable property (section. 458 cr.pc)

The main functions under Police Act are noted below,

1. Control and Direction by District Magistrate (Section 5)
2. Special Police Officer (Section 11)
3. Powers to regulate Traffic, Regulate Public Assemblies, Processions, Musics in Streets, Prohibit Carrying of swords, Spears, Mass Drills, Mass Training etc,. (Section 18, 19, 20, 21, 21A, 22 and 23)
4. Prevention of Riots (Section 27)
5. Issue of orders for Maintenance of Order at religious Ceremonies (Section 28)
6. District Magistrate is at Liberty to call for and Inspect Diaries kept in Police Station (Section 67)
7. Allegations against Police Officers into the offences like, Torture, Grievous Hurt and Death (Section 155 departmental Punishment as under Kerala Police Manual)

If the police officer is of Gazetted rank, the enquiry shall be conducted personally by the District Magistrate. If the police officer is of a non Gazetted rank, the enquiry shall be conducted personally by the Sub Divisional Magistrate

In addition to the above work, the Executive Magistrates are empowered to perform a lot of functions under various Acts and Rules.

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This page is last modified on: 23/11/2017 12:54:00 PM