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How do you incorporate a company?

Please find below the basic procedure for Incorporation of a Company under Companies Act, 2013:1. Obtain Digital SignaturesNowadays various document prescribed under the Companies Act, 2013, are required to be filed with the digital signature of the Managing Director or Director or Manager or Secretary of the Company, therefore, it is compulsorily required to Obtain a Digital Signature Certificate from authorized DSC issuing authority for at least one director to sign the E-forms related to incorporate like form INC.1 and other documents.2. Obtain Director Identification Number [Section 153]As per 153 of the Companies Act, 2013, every individual intending to be appointed as director of a company shall make an application for allotment of Director Identification Number in form DIR.3 to the Central Government in such form and manner and along with such fees as may be prescribed.Therefore, before submission of e-Form INC.1 for availability of name, all the directors of the proposed company must ensure that they are having DIN and if they are not having DIN, it should be first obtained.3. Name availability for proposed companyAs per section 4(4) read with Rule-9 of Companies (Incorporation) Rules, 2014, application for the reservation/availability of name shall be in Form no. INC.1 along with prescribed fee of Rs. 1,000/-. In selection of Company name should be in accordance with name guidelines given in Rule-8 of Companies (Incorporation) Rules, 2014.Note: MCA has prescribed certain rules for name availability so it is advisable to check guidelines for the same before applying for name. Refer Rule-8 of Companies (Incorporation) Rules, 2014.After approval of name ROC will issue a Name availability letter w.r.t. approval for availability of name for a proposed company.Validity of Name approved by ROC: As per section 4(5), maximum time for which name will be available has been prescribed in the law itself under section 4(5). The name will be valid for a period of 60 Days from the date on which the application for Reservation was made.Note: The applicant cannot start business or enter into any agreement, contract, etc. in the name of the proposed company until and unless a certificate of registration is issued by the registrar of companies as per the provisions of the Companies Act, 2013 and the rules made there under.4. Preparation of the Memorandum of Association (MOA) and Articles of Association (AOA)rafting of the MOA and AOA is generally a step subsequent to the availability of name made by the Registrar. It should be noted that the main objects should match with the objects shown in e-Form INC.1. These two documents are basically the charter and internal rules and regulations of the company. Therefore, it must be drafted with utmost care and with the advice of the experts and the other object clause should be drafted in a very broader sense.As per section 4(6) the memorandum of a company shall be in respective forms specified in Tables A, B, C, D and E in Schedule I as may be applicable to such company.As per section 5(6) the articles of a company shall be in respective forms specified in Tables F, G, H, I and J in Schedule I as may be applicable to such company.5. Application for incorporation of a private companyAs per Rule-12 of Companies (Incorporation) Rules, 2014, application for incorporation of a private and Public company, with the Registrar, within whose jurisdiction the registered office of the company is proposed to be situated, shall be filed in Form no. INC 7 [Rule 12 to 18] along with Form no. INC.22 for situation of registered office of the Company, (as the case selected in form no. INC 7) and DIR -12 with the following attachments:Form no. INC 7 Attachments: (Read with Section 7 of Companies Act, 2013)1. Memorandum of Association as per Table A of schedule I2. Articles of association as per Table F of Schedule I3. Declaration in Form No. INC-8 by Professionals. (As per Rule-14 of Companies (Incorporation) Rules, 2014, A declaration in the prescribed form by an advocate, a CA, CMA or CS in practice who is engaged in the formation of the company, and by a person named in the articles as a director, manager or secretary of the company, that all the requirements of this Act and the rules made there under in respect of registration and matters precedent or incidental thereto have been complied with;)4. Affidavit from each of the subscriber to the Memorandum in Form No. INC-9 as per Rule-15 of Companies (Incorporation) Rules, 2014, (an affidavit from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief;)5. Proof of residential address (the address for correspondence till its registered office is established;)6. For verification of signature of subscribers [Pursuant to rule 16 (1)(q) of companies (Incorporation) Rules, 2014 in form no. INC – 107. NOC in case there is change in the promoters (first subscribers to Memorandum of Association)8. Proof of Identity (the particulars of name, including surname or family name, residential address, nationality and such other particulars of every subscriber to the memorandum and the particulars of the persons mentioned in the articles as the first directors of the company along with proof of identity, as may be prescribed, and in the case of a subscriber being a body corporate, such particulars as may be prescribed;)9. Entrenched Articles of Association, if any.Note: Where the articles contain the provisions for entrenchment, the company shall give notice to the Registrar of such provisions in Form No. INC.7, as the case may be, along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014 at the time of incorporation of the company.10. PAN Card (in case of Indian national)11. Copy of certificate of incorporation of the foreign body corporate and proof of registered office address12. Certified true copy of board resolution/consent by all the partners authorizing to subscribe to MOA13. Optional attachment, if any14. Form no. DIR.12:As per Rule-17 of Companies (Incorporation) Rules, 2014, the particulars of each person mentioned in the articles as first director of the company and his interest in other firms or bodies corporate along with his consent to act as director of the company shall be filed in Form No.DIR-12 along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014. Along with the above details in the Form no.INC.7, Form no.DIR 12 to be filed with the following attachments:Attachments:Declaration by first director in Form INC-9 is mandatory to attach in case of a new company.Declaration of the appointee Director, in Form DIR-2;Interest in other entities of director it is mandatory to attach in case number of entities entered is more than one.Optional attachment(s), if any15. Form no. INC 22:As per Rule 25 of Companies (Incorporation) Rules, 2014, verification of registered office shall be filed in Form No.INC.22 along with the fee.Section 12(2) of the Companies Act, 2013 states that the Company shall furnish to the Registrar verification of its registered office within a period of thirty days of its incorporation in such manner as may be prescribed.Section 12(4) of the Companies Act, 2013 states that Notice of every change of the situation of the registered office, verified in the manner prescribed, after the date of incorporation of the company, shall be given to the Registrar within fifteen days of the change, who shall record the same.Along with the above details in Form No. INC.7, Form no.DIR.22 to be filed with the following attachments:Attachments:Proof of Registered Office address (Conveyance/Lease deed/Rent Agreement along with the rent receipts) etc.; or(the notarized copy of lease / rent agreement in the name of the company along with a copy of rent paid receipt not older than one month; or the authorization from the owner or authorized occupant of the premises along with proof of ownership or occupancy authorization, to use the premises by the company as its registered office); andCopies of the utility bills as mentioned above (not older than two months) (the proof of evidence of any utility service like telephone, gas, electricity, etc. depicting the address of the premises in the name of the owner or document, as the case may be, which is not older than two months)List of all the companies (specifying their CIN) having the same registered office address, if any;Optional attachment, if anyPURPOSE OF THE E-FORM 7From above we can easily understand that lots of Information is to be arranged for Incorporation of a Company under Companies Act, 2013. So it is also important to understand the purpose of E-Form INC-7.E-Form INC-7deals with incorporation of a new company (other than OPC). This E-Form is accompanied by supporting documents such as details of Directors/subscribers, the Memorandum of Association (MoA) and Articles of Association (AoA) and evidence of payment of stamp duty. Once the E-Form is processed and found complete, a company is registered and CIN is allocated.Please note the following:User is required to file E-Form INC-7 for incorporation of Company other than OPC within sixty days from the date of application of reservation of name in E-Form INC-1.It is suggested that E-Form DIR-12 and E-Form INC-22 should be filed together at the time of filing of E-Form INC-7 when address for correspondence is the address of registered office of the company.In case the address for correspondence is not the address of the registered office of the Company, user is required to file INC-22 within 30 days of its incorporation.Stamp duty on E-Form INC-7, Memorandum of Association (MoA) and Articles of Association (AoA) can be paid electronically through the MCA portal and in such case submission of physical copies of the uploaded E-Form INC-7, MoA and AoA to the office of ROC is not required.Payment of stamp duty electronically through MCA portal is mandatory in respect of the States which have authorized the Central Government to collect stamp duty on their behalf.Now eStamp duty payment is to be done online through MCA portal for all the states.User is required to scan the photograph of every subscriber with MOA and AOA.DUTY OF REGISTRAR TO SCRUTINISE THE DOCUMENTSIf after filling the Requisite forms for incorporation with the Registrar of Companies along with fees, ROC is satisfied with the contents of the documents filed, ROC will issue the Certificate of incorporation in Form no.INC 11 as directed by Rule-18 of Companies (Incorporation) Rules, 2014.Declaration at the time of commencement of businessAs per Rule-24 of Companies (Incorporation) Rules, 2014, the declaration filed by a director shall be in Form No. INC.21 along with the fee as and the contents of the form shall be verified by a Company Secretary in practice or a Chartered Accountant or a Cost Accountant in practice:Provided that in the case of a company requiring registration from sectoral regulators such as Reserve Bank of India, Securities and Exchange Board of India etc, the approval from such regulator shall be required.Pursuant to Section 11(1)(a) of the Companies Act, 2013 and Rule 24 of the Companies (Incorporation ) Rules, 2014, Declaration prior to the commencement of business or exercising borrowing powers in Form No. INC.21 along with the following attachments:A. Specimen signature in form INC.10.B. Certificate of Registration issued by the RBI (Only in case of Non-Banking Financial Companies)/ from other regulatorsC. (Optional attachment(s) (if any)Additional Information:As per Rule-16(1) of Companies (Incorporation) Rules, 2014, Particulars of every subscriber to be filed with the Registrar at the time of incorporation:A. Name (including surname or family name) and recent Photograph affixed and scan with MOA and AOA,B. Father’s/Mother’s/ name,C. Nationality,D. Date of Birth:E.Place of Birth (District and State):F. Educational qualification:G. Occupation:H. Income-tax permanent account number:I. Permanent residential address and also Present address (Time since residing at present address and address of previous residence address (es) if stay of present address is less 24 than one year) similarly the office/business addresses.J. E-mail id of Subscriber;K. Phone No. of Subscriber;L. Fax no. of Subscriber (optional)Explanation.- information related to (i) to (l)shall be of the individual subscriber and not of the professional engaged in the incorporation of the company;N. Proof of Identity:For Indian Nationals:PAN Card (mandatory) and any one of the followingVoter’s identity cardPassport copyDriving License copyUnique Identification Number (UIN)For Foreign nationals and Non Resident Indians :-PassportN. Residential proof such as Bank Statement, Electricity Bill, Telephone / Mobile Bill:Provided that Bank statement Electricity bill, Telephone or Mobile bill shall not be more than two months old.O. Proof of nationality in case the subscriber is a foreign national.P. If the subscriber is already a Director or Promoter of a Company(s), the particulars relating to:Name of CompanyCorporate Identity Number Whether Interested as a Director or PromoterQ. the specimen signature and latest photograph duly verified by the banker or notary shall be in the prescribed Form No. INC.SOURCE :- LINKEDIN

Which permissions are needed to start a magazine? Where do we apply for registration and all? What is the difference between magazine and newsletter?

You need to apply for a license from the Registrar of Newspapers of India. The detailed process to get it is as below. You don’t need to have any kind of license for starting a newsletter meant for internal circulation only.To know more about RNI License or process to start a Magazine or Newspaper, please view our video blog in Hindi atPublishing Industry is growing very fast in India. Publication of Books, Newspapers and Magazines are regulated by the Press and Books Registration Act, 1867. The Ministry of Information and Broadcasting controls the office of the Registrar of Newspapers for India and it is also responsible for framing rules under the Press and Registration of Books Act, 1867. So anybody willing to start a Newspaper or Magazine, Journals etc. will have to seek prior approval of RNI.The first step to start a newspaper is to get the title (name of the proposed newspaper) verified from Registrar of Newspaper for India.For this the publisher has to make an online application at the website maintained by the Registrar of Newspapers for India (RNI) for title verification indicating the name, language, periodicity, owner name and place of publication of the newspaper proposed, and submit it to the District Magistrate/District Collector concerned. Online Application for title verification is very simple, easy and hassle free process. Here,the role of DM/DC office is to receive the Title Verification application and forward it to the RNI Head Office at New Delhi. It takes around 30-45 days to get a Title Verified.The District Magistrate after ensuring the credentials of the applicant, will forward the application to the RNI, who in turn checks the availability of the title and if found verifies it. RNI informs the DM and publisher, the availability of the title by issuing a letter of title verification. The status of title application can also be verified at the website of RNI. After verification of title the publisher has to file a declaration within 2 years of time. In case the applicant fails to file the declaration (License application) within two years time, then the title will get expired and it may be made available to some other person or entity.After this, the publisher has to file a declaration along with other supporting documents, such a affidavit from the publisher, printer and editor, affidavit in support of no foreign tie - up, copy of agreement with the printers.The first issue of the newspaper or magazine should be printed within 45 days from the date of authentication of the declaration if it is a daily or weekly and in case of other periodicals, within 90 days.The newspaper should contain volume number, issue number, title prominently displayed on the cover page and all pages, date line and page number on all pages and an imprint line containing the name of printer, publisher, owner and editor, address of the place of publication and name and address of the printing press.If the printer and publisher are different persons, separate declarations are required.Formalities required after registrationA copy of the newspaper should be delivered to the RNI whenever it is printed. The first issue after the last day of February should contain the Form No. IV duly filled in (Statement regarding ownership and other particulars of the newspaper). It is also mandatory to submit an annual statement in form II , on or before the last day of May every year. In case of daily newspapers, an additional form AR-R may also be submitted.Requirement of fresh filingsWhenever there is a change of publisher, printer, owners, periodicity and printing press, the publisher/printer has to make a fresh declaration.About the Office of RNI and its Legal FrameworkThe office of the Registrar of Newspapers for India, popularly known as RNI came into being on 1st July 1956, on the recommendation of the First Press Commission in 1953 and by amending the Press and Registration of Books Act 1867. The Office of the Registrar of Newspapers is responsible for implementation of the Press and Registration of Books Act. The Registrar of Newspapers for India has its Headquarters at New Delhi. RNI used to have their regional offices at Kolkata, Chennai and Mumbai but recently all the regional offices has been shut down by the orders of President of India. Presently RNI has only one offices in India at New Delhi.Documents required for Magazine registration | Newspaper Registration | RNI LicenseThe following documents are required for registration –Proof of Identity (Aadhar is must) and Proof of Address of the applicant;Passport size photographs of the applicant;Consent letter from the Printer on it's letterhead and a copy of Printer's License.Copy of the Title Verification Letter;Attested copy of the Declaration duly authenticated by the District Magistrate/Additional District Magistrate etc.Affidavit for No Foreign Tie-up duly notarized;Copy of first issue of the publication brought out within 45 days in case of dailies and weeklies and 90 days for fortnightly and above;Copy of the latest issue of publication.In case the applicant does not apply for registration within the stipulated period of two years, the title will be de-blocked and may be made available to any other applicant.In addition to the above said documents, following KYC documents are also required –Certificate of Incorporation, Memorandum/Articles of the Company and in case of Proprietorship, registration certificate issued under Shops and Establishment Act and in case of Partnership, Partnership Deed.PAN of the organization.List of Promoters/Directors/PartnersBoard resolution in case of Company.ID and Address proof of Partners/Directors/ProprietorDetailed procedure for obtaining magazine license:Fill the title application online, and submit it to the concerned DM/DC/DCP office along with your proof of identity, proof of address, printer's license and consent letters from the printer and affidavits etc. The DM/DC/DCP office will provide a Diary Number and forward the title verification to the RNI office New Delhi. In between the application will be forwarded to the local police station for the police verification of the applicant. It will take around 30-45 time for the RNI, Delhi office to approve the title/name applied for;After the title verification, prepare the declaration, affidavits, agreements to be entered into with the editor, printer and publishers etc. and file it along with the proof of identity, proof of address and passport size photographs for issuance of RNI License.Once this is done, there will be an approval from the RNI, the first edition of the magazine or the newspaper can be published and copies of the magazines/newspapers have to be submitted to the RNI again, for the final approval, so the office of RNI can evaluate whether the newspaper/ magazine meets the criteria specified in the declaration.Once the office of RNI is satisfied, they will issue a RNI Certificate and both (the Diary Number issued by the Magistrate Court and RNI Number) will have to be mentioned on each copy of the magazine or the newspaper.I hope you find this memo useful. Please let me know if you have any question(s) or need any clarification(s).About CS Prashant KumarHello, I am Prashant Kumar. I am Fellow Member of the Institute of Company Secretaries of India and presently practicing as a Company Secretary. Some of the areas we advise in are Corporate & Commercial Laws, Capital Market & Securities Law, Mergers & Acquisitions, Joint Ventures, Foreign Direct Investment, India Entry Strategies, Corporate Secretarial, Regulatory Compliance,Govt. Permissions & Liaison services. With more than 100 years of combined experience in corporate advisory services, we offer highest level of service to our clients and have successfully completed a high number of corporate transactions in the recent years across several industries.Till date we have helped more than 200 publishers across all over India in obtaining RNI License for the publication of their Magazines/Newspapers and Journals. I can be contacted at +91–9821008011 | [email protected]

What is the fuss about women entering Sabarimala temple? Why can't either groups back down from their stance and reach an amicable solution?

Thanks, Praveen Yelleti for the questionWhat is the fuss about women entering Sabarimala temple? Why can't either groups back down from their stance and reach an amicable solution?Well, this question was asked last year and I thought not to reply as I have written so much on this topic as my answers in Quora.I was not tempted to answer this again as I have a clear stand on this and thus biased to the core. If we stand on one side of the spectrum, it's hard to pose in front of others that we are neutral and give an opinion of centrist to resolve. I am not centrist in this issue, rather strongly believe that WOMEN MUST ENTER AND PRAY IN SABARIMALA. So if I stand in one corner of the spectrum, it's definitely not fair for me to talk much on middle ground.Then why answering this question nowWell, this answer is basically a counter-argument answer to my beloved friend- Kiron Krishnan‘s the answer to this questionKiron Krishnan (भगवतीश्वर शर्मन्)'s answer to What is the fuss about women entering Sabarimala temple? Why can't either groups back down from their stance and reach an amicable solution?Generally, I and Kiron have almost identical viewpoints in most of the topics I discussed in Quora. So essentially it's over this topic, we actually disagreed for the first time and stood almost at two ends of the spectrum. I fully respect Kiron’s viewpoints and he is an intellectual himself (a great person who has read so much on Hindu epics, scriptures etc) and I stand nowhere close to his intellectual prowess. Yet, with my very limited knowledge (few scriptures and interactions with people coupled with my own personal observations and understandings), I felt I must write an answer to disagree with his points.Why do I want to write a counter-argument?Well, in Quora, everyone writes their opinion and I fully respect that. I could make this counter arguments as a reply to his answer. But I felt, there is a need of an independent answer because Kiron has answered so well and with precise clarity making 10 key points which need a detailed reply from my end, which a comment may not work.And when I realized, my reply to his 10 points is effectively my opinion and answer to this question, I felt it could be written independently here.Kiron has raised 10 points as 10 questions and his answer to that point. So I will quote his question and answer both below (Kiron’s answer will be marked dark black) and my answer below to it1. Shouldn’t the right to practice celibacy be a private matter to be left to the individual to decide? How is the court of a “secular democratic republic” supposed to determine who has which rights?If Ayyappa as a legal person wishes to be a celibate, how can the court of a secular democratic republic intervene and banish his right?Ans: As per Indian Law as made by Supreme court in Sri Adi Visheshwara Of Kashi ... vs State Of U.P. And Ors , a diety is a legal person and he has all rights as any citizen of this country has in eyes of law. He can file a case in a court of law (appear before the court as a petitioner) and he can be charged and appear before the court as a defendant. He can own properties in his own name, sell it, buy it etc. But he is regarded as PERPETUAL MINOR, ie he will be treated as a minor forever. He needs a guardian or court of wards to appear for him in a court of law. While he can own properties in his name, it needs to be managed by a legal guardian on his behalf.Now, for the same reason, Ayyappa of Sabarimala is a legal person. He can have all rights as a citizen have. If he wants to observe celibacy, he is free to do. But my doubt- did Supreme court of India’s constitutional bench’s verdict on 28th Sept 2018 was related to his marriage? Did the court ask Ayyappa to get married and stop his celibacy? Did the court ask him to do sex and produce children like other gods? So I don’t understand the above reply from my friend.The court was checking the validity of a law passed by Kerala state Assembly. The law was called- Kerala The Kerala Hindu Places of Public Worship Act 1965. As per Sec 2(b) and Sec 3 of this legal act, the devaswom/temple authorities can create/distinguish Hindus on the basis of a class/section as deemed by customs or usages. It's based on this law, Devaswom formulated Temple entry law, that prohibited ladies of a certain age into this temple.The court was checking the constitutional validity of this clause of a law passed by a legislature. The legislature can pass laws within the ambit of the Indian constitution. No legislature can make laws that violate the spirit of the constitution. The constitution prohibits discrimination, hence creating a class by a government and denying a social right based on it, is discrimination and prohibited by Constitution. Hence that section has been abolished by the Supreme court of India (it still remains in force as the original verdict hasn’t stayed).It simply means Kerala Govt cannot prosecute or arrest any ladies who violate this ex-law. If a lady wants to enter Sabarimala, there is no law available with the Kerala government to deny or arrest them as done previously.Now, where is celibacy of Ayyappa comes in the legal debate of validity of a law passed by Govt? The secular court wasn’t dealing with personal choices of Ayyappa, but the validity of a law by a government authority established by the Constitution of India.2. How does practising celibacy adversely affect any of the third parties? Does it contribute to social discrimination, harm to life or harm to the property? Has there been any incident where Sabarimala custom has been used by people historically to deny entrance to other Ayyappa temples? If it doesn’t affect society or generate socially undesirable consequences, how does it itch society?(For the record, self-harming, polluting, animal-killing fests are all very widespread in the same secular republic - ever cared to touch them?)The question in court wasn’t about celibacy of the deity, rather about rights of devotees.The original petitioners were 4 Hindu ladies who were practising Hinduism. They filed the case after hearing the news of Kerala Government prosecuting former Karnataka Minister- Jayamala for her alleged secretive entry into the temple in 2005 which was a public controversy then.Jayamala is a reputed public personality and a practising Hindu. If a Hindu lady has been prosecuted for praying, its indeed a matter of social concern for other ladies. How could a government prosecute a lady for praying her favourite god?Once Slammed For Entering Sabarimala, Minister Jayamala Hails VerdictIts a social discrimination as these ladies who filed the petition may too suffer the same issue if they want to visit the temple. Its indeed harm to their reputation, their integrity, their social status. All these come under Right to Life, a fundamental right as per Constitution. Right to Life doesn’t just mean existence, rather equally means your dignity, your integrity etc. So essentially it's a legal question. The Ayyappa is never a party here. He is into his Tapas (Meditation). Rather the question was all about fairness of a law that prosecutes people for praying? Its the same question that came in the 1920s when Dalits and lower castes sought-right of praying in temples, which was finally settled thro’ Temple Entry proclamation of 19363. So you might ask, how do you know what deity of Sabarimala wants?Who is that person that gives power to the deity and makes the deity there? Tantri. If there was a religious king sworn in God’s name deriving from divine law, he also would have had a say on it. Opinion of the deity of Sabarimala is with the Tantri.Can you please quote an authentic scripture than empowers Tantri to speak on behalf of the deity? The concept of Tantri and Tantra is well codified under Tantric law - the Tantra Samucchayam which codifies all multiple theses and viewpoints of Tantra into one single source which all Kerala tantric temples follow rigorously. It's authored none other than illustrious Chenas Nampoothiripad, the most celebrated Tantric pandit of Kerala in 15th century and duly accepted by entire Kerala Nampoothiris as represented by Alvancherry Thampurakkal (Head of Nampoothiris of Kerala) and Kochi Maharaja (Supreme Head of Kerala temples- Koviladhikari) and other Kings way back in 16th century. Accordingly, all Kerala temples (barring few original Tulu Brahmin temples like Sree Vallabha temple of Thiruvalla and similar) that have Namboothiri as heads of temples follow this thesis.Can you quote a line from Tantrasamucchayam that makes Tantri as representative of Deity to speak? Is he the father of the deity? Is he the guardian of the deity? Is he the owner of the deity?No…Tantrasamucchyam defines Tantri as someone who knows the tantra (the technique of unleashing the divine energy). It has nothing to do with a deity at the very first place. A tantri can unleash the divine energy even from a stick or grass if he follows the tantric concepts (as per tantra).Tantri in all Tantric concepts is just like consultants for a temple. A Tantri advises temple priests (Melshantis, Keezhshantis etc) about the ways to unleash the divine energy of the deity, train the priests about the mantras to be used, the mode of usage, the rites/rituals etc. The most interesting part of Tantrasamucchayam is that Tantri isn’t even related to the temple. His job is like how modern-day consultants work. A consultant advises company management on ways to work, but at the primary place, a consultant isn’t even an employee of the company. He is a third party.It's here, the Devaswom concept works. The temple is owned by Devaswom (originally Brahmaswoms which was owned by Nampoothiris which was brutally abolished in the 18th century). Devaswom head swears the authority in name of the deity. I hope you might have heard the swearing pledge of Devaswom President and officials. They have sworn in name of the deity, god and Hindu faith and publically acknowledge that they are faithful to Hindu Dharma, Hindu scriptures and the validity of the deity. I am yet to see a single Devaswom official who doesn’t sign this document to become an official. Infact even a peon to get a job in Devaswom dept has to sign this affidavit. So indeed Devaswom owns the temple, they hire the priests and they hire a Tantri (permanent basis/hereditary basis) to advise the priests on poojas and rites.The right of a Tantri is never beyond the 4 walls of Sreekovil (Sanctum Santorium) and Nalambalam (Inner courtyard). He has no right over the administrative decisions of the temple, he has no rights over financial matters of the temple, he has no rights over ownership of the temple. He can advise the temple management about deities requirement, but the decision rests with Devaswom, not Tantri. What if Tantri demands 1000 tons of gold for the deity? Should Devaswom oblige?The opinion of the deity never rests on Tantri. As per Tantrasamucchayam, it rests with deity itself. To know that, Devaprasahanam (Astrology checking for the god’s will) has to be conducted and Tantri cannot speak for deity, rather understand what the panel of astrologers has to say on this. So as the right to accept Devaprasahanam decision or not rests with the sovereign (Melkoiyma holder). In past, it was Devaswom Diwan representing the King, now with Devaswom Commissioner.I don’t know from where you got the idea- Tantri speaks for a deity? How can a human speak for the god?4. “But Ayyappa temples in other places don’t have this restriction, so why Sabarimala? If Ayyappa in other temples can bear women, why not in Sabarimala?”Well, we are not speaking about brahman or the omnipresent “G”od here, but the deity of a temple. It is because of belief in the deity of Sabarimala that people visit there. Else, they would go to other Ayyappa temples, right?As you say, indeed the customs are different for each temple. And that validates the need to consider the deities as individuals, as their devotees consider them. People don’t view Kāśī Viśvanātha and ,a local temple Śiva deity the same way. Again, the issue comes to the right of the deity of the temple.Well, again back to the same old question- Can you quote the difference of deity worship from Sabarimala and nearby Achankovil temple or in Pandalam temple?By the way, how many deities exist as per Tantra? Just 7. Simply 7 deities. We have Vishnu, Shiva, Bhagavati, Ganapati, Subramanian, Dharmashasta and Sankaranarayan.Can you spot a deity called Ayyappan or Manikandan from these 7 deities? Can you spot a deity called Durga or Lakshmi or Parvathy from here? Can you spot some of the favourites deities like Krishna, Sree Rama, Vamana or Nagas from here?Tantric form of worship as done in Kerala is a uniformed mode of worship. It's well codified, well-established mode of worship. You can have N number of Krishna temples, but no priests know any tantric way to worship Krishna.I am a hardcore believer of Guruvayurappan. Even when I get up from bed, I say always by reflex- Guruvayurappa, Krishna, Rakshikkanne (Ohh Lord of Guruvayur, my Krishna protect me). From my childhood, I am trained to see Guruvayurappan as Krishna. Does the tantri of Guruvayur- Chenas Nampoothiripad worship Guruvayurappan as Krishna? Does he have any Krishna-specific moola mantras? Any fool just by looking at the statue of Guruvayurappan can realize, its not Krishna, rather 4-armed Mahavishnu (that fool includes me too). Every priest, every Tantri in Guruvayur worships the lord as Mahavishnu, not Krishna as per Tantric rules. That same procedures of rites happen in a proper Vishnu temple-like Tripunithura Poornathresaya or Sree Padmanabhaswamy temple. There is hardly any difference at allIn Kerala, we have only Dharmasastha temples and there is only one way to worship Dharmasastha as per tantric means. The pooja system followed in Sabarimala is same as any other Dharmasastha temple. The opening verses of Moolamantra in Sabarimala invokes the basic energy of Dharmasastha along with his Wife- Poorna and son- Satyaka. This is same in any Dharmasastha temple.Then how you keep on saying, the deity is different. The public/ devotees can believe anything just like they keep on believing Guruvayurappan is Krishna, Ambalapuzhappan is Baby Krishna, Tripayarappan is Lord Rama, Thrikkakarappan is Lord Vamana etc. But in eyes of Tantra and the pooja techniques, there is only one deity.I would suggest you take a look of Ayyappa idol during Makarasankarathi pooja when he adores the Golden Thangi (the golden chest cover as donated by Travancore Maharaja- Chithira Thirunal who was a great Ayyappa devotee). That Thangi has two motifs on both sides of the chest- the two wives of Dharmasastha- Poorna and Pushkala. If Ayyappa of Sabarimala can wear that Thangi with motifs of his wives, how come you worry so much on his celibacy?And please also enlighten, why Tantri didn’t quote any scriptural references to prove Ayyappa’s celibacy during the trial stage when the court asked numerous times? This was recorded by Amicus curiae in his report too, that the Tantri was refusing to provide scriptural evidence of celibacy of the deity in its unique form.5. “But on some occasions, women entered the temple in the past … So why not now?The entry of women as an everyday thing in “earlier days” is a commie myth and I have debunked it here : Kiron Krishnan (भगवतीश्वर शर्मन्)'s answer to Is it true that women of all ages were allowed in Sabarimala until a verdict in 1991?I don’t know how stupid Mallu commies have to be, to believe this crap. Don’t know whether to laugh or just pity their arrogance. Why such a pledging to pūtitama ideologies?Even if say, there was a time when women entered the temple, that time is “gone” at the instant when Tantri decides otherwise. In Kerala, there is this tradition of devapraśnam that usually is a procedure to hear from the deity. Devapraśnams in Sabarimala have unanimously rejected the possibility of entry of women of the particular age group, till date.Can you quote which Devaprasnam said specifically about 10–50 years of age? Can you quote which Devaprasnam said a categorically no on women entry?The only Devaprasnam which said about this topic AFAIK I know was the controversial Devaprsanam conducted by Parappanangadi Unnikrishnan which lead to Jayamala’s revelations and this specific court case.Controversy over Sabarimala Temple entry returns to spotlight | Kochi News - Times of IndiaActor Jayamala's confesses entering Sabarimala, raises questions about a conspiracyAnd that Devaprasanam was cancelled by Devaswom.In few other Devaprasanam and Ashtamangala Prasanam in past, there was some topics that the deity was unhappy of having women in the temple. There was no instances where any Devaprasanam categorically saying NO ENTRY at all. There are the difference between the two.When you say unhappy, it doesn’t mean No entry. In similar Devaprasanam, the deity was unhappy about opening the temple beyond the Mandala Pooja, but it's still happening. In 1990 Devaprasanam, the deity was unhappy that a tradition was broken (offering Marijuana/Ganja) to a local deity called Karuppuswamy near the Pampa temple (as Marijuana/Ganja became illegal substances as per Indian Narcotics Substances Act 1985). Did all these unhappiness were rectified? No!!!In last Devaprasanam, the deity was unhappy about non-reinstatement of Kandararu Mohanaru as Sabarimala Tantri. Do you want a sex-scandal involved person like Mohanaru as Tantri of Sabarimala who was stripped from that post by Devaswom? No one in Kerala wants that tainted person back to that position, so conveniently the so-called divine revelations of Devaprasanam was ignored. But in women’s entry case, even the slightest unhappiness means ban… That logic is indeed baffling!!!Please note:- the actual ban of ladies inbetween 10–50 into the shrine came in 1991 when Kerala High court banned it. Before that, there was no legal ban, rather part of belief systems.6. “But Tantri is not a godman, he is a human. In fact, there are instances where a Tantri is known to be a criminal”You are right. But to counter that is not by absolving the Tantri’s post of its rights, but to change the person who sits in the position of Tantri. You don’t demolish the party system to show dissent to a government, do you? Similarly, none can challenge the authority of Tantri’s position here. I don’t know why people don’t use the basic logic here.Well, Tantri is indeed a respectable post and needs to be respected. He is the master of Tantra, so indeed his words do carry weight. Respect and submission are two different concepts. While you can respect him, there is no point in blindly accepting what he says, even if stupidity. As you said, he is a human, he can err. If he errs, he must be questioned and a logical answer must be obtained.In past, there were Tantric sabhas. One of the famous was Kochi’s Shastrasadasu as well as various Anyonyams where non-Tantris too debate on the validity of various rites, customs and traditions. If one Tantri errs, other tantris and scholars can rectify and consensus be made. It happened numerous times.That system don’t exist today. So in that place, a legal forum like courts forced to involve as courts and government stepped into the old shoes of various Sabhas and Kings.Just like if a government errs, people do rectify (we don’t demolish a party, but do protest against their mistakes), the same way, we need to build the system to question erring Tantris, rather than making them another Human God, the incorruptible.7. “But it is śāstā who is the idol in Sabarimala, and Śāstā is not a celibate. In fact, it is Śāstā’s mūlamantra that is chanted for pūjās in the temple…”Yes, you are right. Sabarimala is essentially a temple housing the Dharmaśāstā. However, the legend is that Maṇikaṇṭha the prince is a human incarnation of this Śāstā, and he merged with the deity in Sabarimala. In that way, the deity of Sabarimala is not just the general Ayyappa Śāstā, but strictly the Maṇikaṇṭha infused into the deity.Of course, since you don’t have a mūlamantra for a historical age human incarnation who rests in the temple as a perpetual celibate, indeed the Śāstā of the temple might be worshiped with his own mūlamantra where Śāstā is also the husband of Pūrṇā and Puṣkalā. But this can never change the divinity and the deity of the temple whose all traditions point to the Maṇikaṇṭha legend.Since I answered part of this answer earlier, not repeating it.But the question is how can merging of a human spirit with a deity, alter the position/identity of a deity? As per our beliefs, Sankaracharya merged his consciousness (his spirit) with Sharada Devi of Sharada Peeth in Kashmir. Does that mean from thereafter Sharada Devi is Sankaracharya? Are you worshipping Sharada Devi as Adi Sankara or as a Goddess?A human incarnation by the god/deity himself for certain purpose and he returns back to that same source. That won’t alter the identity of the source. Manikanda may be celibate, so what? He is no more. His identity is merged with Dharmasastha and that temple is of Dharmashasta. Every pooja offering is done in the name of Dharmasastha.Interesting the deity is offered even Panaka, a divine drink to boost sexual energy and its part of that temple’s custom. And then after boosting the sexual energy (because Tantra says the energy of a deity can be manifested in its ultimate pinnacle), you call that deity is celibate? What kind of logic is that?Every single custom of that temple is related to Dharmasastha. People may have n number of beliefs. Its just people’s belief. It has nothing to do with pooja systems and position of the deity. I may offer Butter to Guruvavyurappan just because I believe Krishna loves butter. It doesn’t mean the deity is Baby Krishna, rather its Lord Vishnu. One famous legend of Guruvayur is that a young priest who thought the deity would actually eat the food when offered, even brought lime pickle to Guruvayurappan thinking that the lord can’t eat just plain rice and prayed so hard that Lord Vishnu appeared and ate rice with pickle. It's now custom in Guruvayur to offer lime pickle during the lunch. So you can do anything with Bhakti. You are free to assume the deity is celibate. It's your wish. But you cannot enforce your viewpoint of Celibacy over the deity’s worshiped identity and enforce over others. It needs to be backed with proper logical scriptural evidence.8. “People should throw age-old beliefs and move to progress”.Learn tolerance first before advising others about how their beliefs seem ridiculous to you.While respecting your views and beliefs, the problem is when you refuse even to accept the logic of existing customs and traditions prima facia, rather sticking with myths and legends.There are so many customs disrespected, so many ignored, so many avoided. Then why specifically this one alone? Did Ayyappa myths allow the temple to be opened other than 41 days of Mandala pilgrimage? Then how come its open first week of every month which started since 1956? Or why the temple of an ascetic be gold plated? There are 1000s of traditions broken in this temple. No one worries. Its all matter of conveniences and age. People wanted more number of days for that temple to be open as crowds increased, so it happened. Then why not about ladies?9. “Hindus have always evolved”Oh yes, they have always. Evolved.If the deity says through the devapraśnam or if the Tantri decides that deity is ok with your decisions, then indeed there will be an evolution. If say, this land was ruled by a king deriving his power from divine authority, and if that king decided to change the practice, then too there is an evolution. Else, it is not evolution what you are trying to trigger, but just your attack on someone’s harmless personal beliefs and practices based on your “holier than thou”. Don’t come up with that in India.Same points earlier. Not repeating that…Kings claim their divine authority, not given. Did Kings of Travancore have any divine authority of Padmanabha before Marthanda Varma? No!!! Infact the Venad kings had no authority over that temple itself. So who gave that divine authority to Marthanda Varma? Did Sree Padmanabha appeared in front of all and gave the rights to Marthanda Varma? No!!! He claimed.Same way how come Travancore gained rights of Sabarimala? Did Ayyappa prophesied, okay- I am done with Pandalam kings, please come and take me under your custody? Pandalam Kings sold the properties to Travancore to clear its debts and Travancore got the right of the temple.Did Ayyappa was consulted when his original shrine was removed to current place? No!! It was a political decision made by the King.These divine rights of King so obsolete in any sense. The Kingship is one form of government, so as democracy. Tomorrow it maybe something else. In all these systems, beliefs continue, so as temples and deities continue. There is no point in saying, ohh only Kings had right, not democratic leaders and institutions.Its this same democratic institution that threw away NO-ENTRY for women in Thiruvalla Sree Vallabha temple in 1965, so as today every lady enters. I think my friend- Kiron is from Thiruvalla and I think his family ladies might have entered into the shrine which was not a decision of Sree Vallabha, rather EMS Government (yeah, a communist govt). Are you cursing that now?10. “What about believing women?”I mean, every single person who believes in the deity of Sabarimala essentially accepts the fact that Maṇikaṇṭha is a celibate, and recognizes the divinity of the deity in the temple, the rituals and traditions of the temple. Most of the women believe in the deity of Sabarimala, and they have their ways to pray to the deity traditionally, by visiting him at their childhood or old age, by praying to the deity with lit lamp, making offerings, and observe celibacy with her husband and a pious lifestyle as her husband is on the trip to the great hill.I think I answered this question many times earlier?Do we have territorial jurisdiction for beliefs of Hindu deities? I live in Kerala. Can I believe and have faith in Amarnath in Kashmir? Or Kashi Vishwanath? Does a Kashmiri or a UPwala has more belief rights over these deities than me, a Malayalee? Do they stand more important devotees than me?A Malayalee lady is free to have her beliefs about Ayyappa. No one is questioning. But like her, someone from Andhra or Tamil Nadu can equally have their beliefs. You cannot claim, you are the only believer and others are not. You are free to follow your customs, but shouldn’t school others what you do?If its something related to Pooja technique, pooja styles, I agree. Each place has its own customs and rituals. But how come beliefs? If my belief says hair to be shaved while entering in a temple, can someone deny entry into the temple just because I have shaved head? Its my personal right, nothing to do with deity or pooja techniques.If a lady insists on entering Sreekovil, I would agree with you as its violation of pooja rules and techniques. But saying you can’t enter just because our ladies believe in the celibacy of the deity is stupidity. Its indirect way of saying- see Ayyappa might be tempted and lose his celibacy if they see you, in a way we are making him some sort of Ram Rahim or Aasharam Bapu or much recent Chinmayanand…. Sorry, my Ayyappa is a god!!!Well, I guess, the readers of this answer have seen two spectrums of thought in this. Its a classical case of Orthodoxy and Modernity.In all cases, orthodoxy doesn’t sustain as long as time is the best medicine for the change. Change is inevitable and nothing can stop change.The only amicable solution is avoiding its electoral politics and seeing purely as a discussion of scriptures and pooja concepts. For that, emotive things has to be kept out and some sense of sensibility be infused.I don’t expect religions to be RATIONAL. Of course, no religion is rational and no faith needs to be rational. Faith is a belief, which can’t be proved thro’ experiments. So rationality or scientific temper is not a big deal in religions. But every religion and beliefs need to be LOGICAL. It needs to satisfy simple common sense, No religion asked its believers to be FOOLS and IDIOTS. Rather all religions asked people to question, to ponder upon and derive logical conclusions. This process is called enlightenment.That's something important here. To solve this, I suggest all to be logical in their points.I thought to reply to Kiron Krishnan thro’ this long answer because he is a very logical and intellectual person, not someone emotive to chants- Hindu Khatre mein hai and talk about other irrelevant stuff.So ideally consensus or finding middle ground happens when we learn more in detail and find some point to agree. Untill then, let's agree to disagree.ThanksDear Kiron Krishnan Bhai, sorry if my comments or statements have hurt/offended/disrespected you. If you find anything offensive, please PM to me, so as I will definitely remove. And thanking for your thought-provoking answer.Suggested reading similar answers of mineArun Mohan (അരുൺ മോഹൻ)'s answer to What is your opinion about the Supreme Court verdict lifting the ban on women’s entry to Sabarimala Temple?Arun Mohan (അരുൺ മോഹൻ)'s answer to Should women be allowed to enter Sabarimala shrine?Arun Mohan (അരുൺ മോഹൻ)'s answer to Why is the Supreme Court judgement on womens' entry in Sabarimala not widely accepted?Arun Mohan (അരുൺ മോഹൻ)'s answer to How can entry of women into the temple of God affect the celibacy of god as said by devotees of Lord Ayyappa?Arun Mohan (അരുൺ മോഹൻ)'s answer to What do you think on the "purification" of Sabarimala Temple after two women entered the shrine to offer their prayers? Is there any justification for this?Arun Mohan (അരുൺ മോഹൻ)'s answer to Why is the Kerala government calling Sabarimala shrine a secular temple?Arun Mohan (അരുൺ മോഹൻ)'s answer to What is the difference between Swami Ayyappan of Sabarimala and Sree Dharma Sastha? If Dharma Sastha and Swami Ayyappan are not the same but different deities, why is the Sabarimala Swami Ayyappan Temple called as the Sastha Temple?Arun Mohan (അരുൺ മോഹൻ)'s answer to Is it true that women of all ages were allowed in Sabarimala until a verdict in 1991?

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