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laws of Rajni Devi since the year 2003. According to him, this fact was evident from Annexure P-3 dated 08.07.2003, i.e. the application filed by the husband of the petitioner to the Block Development Officer, Dharampur for being entered as a separate family in parivar register. He further contends that there is a Note appended in parivar register Annexure P-4 also that the family of the petitioner was living separately since the year 2003. Therefore, according to him, the finding returned by the Divisional Commissioner that on the basis of the parivar register of petitioner it was evident that her family was separated on 18.01.2005, i.e. after the cut off date mentioned in the scheme for appointment of Anganwadi Workers was bad.

17. In my considered view, the findings arrived at by the Divisional Commissioner to the effect that family of petitioner Rajni Devi was separated on 18.01.2005, i.e. after the cut off date envisaged in the scheme are correct.

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18. Rule-21 of the Panchayati Raj Act deals with the maintenance and revision of parivar registers by the Panchayat. There is a detailed procedure laid down in the said Rule as to how revision has to be made in the parivar register. Rule 21(2) provides that in the event of of division of the family, separation of family may only be entered in the parivar register on the decision of the Gram Sabha by passing a rt resolution by majority in its general or special meeting on an application made by the head of family concerned. It is further mentioned that it shall be the duty of the Panchayat Inspector to verify these entries after satisfying himself about the reasons recorded by the Panchayat Secretary. He shall also put his initials on the goshwara prepared by Panchayat Secretary on Form 19-A. Rule 21(3) envisages that the register shall be revised and brought upto-date under sub rule (2) by 31st January of each year.

19. A perusal of the said provision makes it amply clear that revision of parivar register is a cumbersome process and the same is undertaken by complying with the procedural formalities which are envisaged in the Rules mentioned above. Therefore, the only prudent conclusion which can be drawn with regard to a family being treated as separate family as per the said Rules is that a family can be treated as a separate family only after it is duly entered as such in parivar register after complying with all the procedural formalities contemplated in Rule 21 (supra).

20. Now, coming to the facts of the present case, the factum of the husband of petitioner Rajni Devi having moved an application in the .

year 2003 for being entered as a separate family in parivar register will not ipso facto make that family a separate family in the eyes of law, as envisaged under the Panchayati Raj Act and the Rules framed thereunder until and unless an entry to this effect is recorded in the parivar register of after complying with the provisions of Rule 21.