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Birth and Death

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Concept Paper On

BIRTH AND DEATH


REGISTRATION

PRIA
42, Tughlakabad Institutional Area
New Delhi –110 062
Ph: 011-2995 6908, 2996 0931/32/33
E-Mail: info@pria.org
Web: www.pria.org

0
Preface

Ensuring Birth and Death registration and thereby obtaining certificates are vital for the
citizen as well as the Government for a sensible operation of local self- governance. The
urban local bodies are entrusted to ensure the registration of birth and death in urban
areas. The 12th schedule of 74th Constitutional Amendment Act (CAA) has also
assigned the urban local bodies to ensure proper registration and distribution of birth and
death certificate.

In India, more than 30 percent of birth and death occurred are going unregistered every
year. The poor registration system is prevailed in the states of Bihar, Jharkhand, Assam
and Manipur. In India, majority of the people after registering the occurrence of birth
and death has not collected the certificate from the municipality. It has also been
revealed that the poor registration of birth and death is prevailed among the slum
dwellers and marginalized groups due to their lack of awareness on the process of
registration and the importance birth and death certificate.

PRIA’s perspective on strengthening urban governance takes in to account in the new


the political milieu opened by the 74th CAA. In the year 2000, PRIA along with its
partners started intervention on strengthening urban governance in some municipal areas
of five states in India. By the end of the year 2003, the urban intervention was spread
over 48 towns across 12 states in India. The experience of the pilot phase intervention
highlighted the need to undertake systematic and intensive intervention in respect of
urban governance. As a follow up of it, in a number of urban focal points where PRIA
along with its partners have been intervening identified “strengthening registration of
birth and death ” for intensive intervention.

This document is hence prepared to give an overview on the existing system of birth and
death registration in India. We hope that the content of this document would provide
insight for effective intervention in promoting registration of birth and death in urban
areas. The document also covers the key issues and strategies to be observed while
intervening on promoting birth and death registration.

I would like to extend my gratitude to Dr. Rajesh Tandon, Mr.Harsh Jaitli, Mr.Pankaj
Anand and Ms. Shalini Grover of PRIA who supported in providing their ideas and
inputs in shaping the document.

Anil B
PRIA, New Delhi

1
Contents
Sl. No Particular Page

I Introduction 3
II. Indian Context 5
a. Table on birth registration 6
b. Table on death registration 7
III Civil Registration System in India 8
IV. RBD Act - 1969 and the salient features 9
V Importance of Birth registration 10
VI Importance of Death Registration 12
VII Hierarchical Structure of Birth and Death 13
Registration System in India
VIII Role of functionaries in Birth and Death 14
Registration
IX State level functionaries in Civil Registration 16
System
X How to access the facilities for Birth and 22
Death Registration in Urban Local Bodies?
a. Reporting 22
b. Date of registration 23
c. Form for registration 24
d. Issuing of Birth and Death certificate 24
e. Entry of name in birth certificate 25
f. Registration of birth occurring outside India. 25
XI National rule on Birth and Death registration 25
XII Issues pertaining to Birth and Death 25
Registration
XIII Strategies for improving Birth and Death 27
Registration
XIV Conclusion 28
XV Annexure
(1) National rule on birth and death registration
(2) Forms for registration

2
I. Introduction

Birth registration opens the door for a newborn child to enter into a permanent
identity and death registration relives one from all such records. A birth
certificate is considered a ticket to citizenship, without which an individual does
not officially exist and therefore lacks legal access to the privileges and
protection of a nation1 . On the other hand, a death certificate is a mandatory
proof for relieving a person from the entire social, legal and financial obligation.
A birth certificate as a government document supports an individual to enjoy
the rights and protection of the nation. While a death certificate supports his
family members on enjoying the property rights and schemes like policy
benefits and other entitled privileges. In a nu tshell, a birth certificate is a
supportive document for the survival of an individual and a death certificate is a
document to serve his family members.

The registration of birth not only provides acknowledgment but also gives legal
status to one’s existence. It opens the door for accessing other fundamental
rights including education, health care and protection. Apart from the proof of
identity and entitlement for different services, birth registration to a larger
extent helps the government to determine some important basic concerns like
doses of immunization vaccine to be supplied, educational and other childcare
facilities to be provided in the country. The registration of death is also
important for the government to analyse the life expectancy, population of the
country and other information related to the services to be provided. A poor
registration system can lead to the poor calculation of birth and death rate.
Indeed an effective birth and death registration system is elementary to the
sensible operation of polity in the new era of local self-governance.

Article 7 of the Convention on Rights of the Child (CRC) states “Every child
shall be registered immediately after birth and shall have the right from birth to
name and the right to acquire nationality.” 191 countries across the world,
except Somalia and United States ratified this CRC and are therefore obliged to
ensure the effective implementation of the registration system. In most of the
countries Civil Registration System (CRS) is taken as the basic tool for the
registration of birth and death. In the civil registration system, the local-
governance institutions are entitled to ensure the registration of birth and death
at the grass root level. However many developing countries like Afghanistan,
Cambodia, Ethiopia, Namibia and Oman do not have a mandatory birth and
death registration system. Unicef statistics shows that in a year’s time around 40
million children2 across the world (one third of the total births) are going to be

1
Unicef report on progress of nation, Website: www.unicef.org, 1998, p.5
2
Ibid

3
unregistered. In many countries, non-hospital deliveries were not all registered.
South Asia has the largest number of unregistered children, with about 63
percent of the total births taking place3 in a year.

The Universal Declaration of Human Rights adopted by United Nations in 1948


states that “every child has the right to a nationality and no one shall be
arbitrarily deprived of his nationality”. Efforts need to be made to ensure the
identity by promoting an effective registration system in the entire world. Here
the role of Government is imperative to provide adequate resources to develop
the existing registration machinery. The citizen groups can also play a vital role
by pressurizing the government to make policies demanding the mandatory use
of birth and death certificates.

Table representing the use of Birth Certificates in different countries

S l Country Birth certificate is required for


No Immunization Health care School Enrolment Marriage
1. Algeria No No Yes Yes
2. Argentina No No Yes Yes
3. Bangladesh No No No No
4. Brazil No No Yes Yes
5. China No No Yes Yes
6. Colombia Yes Yes Yes Yes
7. Congo, Dem. Rep. No No Yes No
8. Egypt Yes No Yes No
9. Ethiopia* - - - -
10. India No No Yes No
11. Indonesia No No Yes Yes
12. Iran No No Yes Yes
13. Iraq Yes No No No
14 Kenya Yes No Yes No
15 Mexico Yes Yes Yes Yes
16. Morocco No No Yes Yes
17. Myanmar Yes No Yes No
18. Nepal No No No No
19. Nigeria No No Yes -
20. Pakistan No No Yes No
21. Peru No No Yes Yes
22 Philippines No No Yes Yes
23. Russian Fed Yes Yes Yes No
24. South Africa No Yes Yes Yes
25. Sudan No No Yes No
26. Tanzania No No Yes No
27. Thailand Yes Yes Yes Yes

3
Inder Jit Singh, Article on Improving Birth Registrations, Economic and Political Weekly, Vol -24, 12 June 2004, p-2435

4
28. Turkey No No Yes Yes
29. Uganda No No Yes No
30. Ukraine Yes Yes Yes No
31. Uzbekistan Yes Yes Yes No
32. Vietnam No No Yes No
Total Yes 10 7 28 14
* No registration system.
Source: Report of progress of nation, Website: www.unicef.org, 1998, P. 9

The table indicates the importance of a birth certificate in different countries.


The Unicef report on “progress of nations 1998”, says that a child cannot be
legally vaccinated in at least 20 countries in the world without a birth certificate.
More than 30 countries require birth registration before a child can be treated in
a health care centre. The birth certificate has to be produced in most of the
countries, before enrolling a child into a school. Also the birth certificate is
essential in several countries for supplementary feeding programmes, marriage
etc.

II. Indian context

The registration mechanism of birth and death in India is considered as


permanent and compulsory, primarily for its value as a legal document and
secondly for its usefulness as a source of statistics. The registration of birth and
death has been enacted all over India through the enforcement of Registration of
Birth and Death (RBD) Act –1969. In India the data on vital statistics on birth
and death is generated through the Civil Registration System. The RBD act
ensures the legal and administrative framework for the civil registration system
in India. In urban areas the municipalities are responsible for handling the
process of manual registration of birth and deaths. The 74 th Constitutional
Amendment Act in 1992 has provided the functional power of birth and death
registration to the Urban Local bodies. Hence it is necessary to perform the
expected role of Urban Local Bodies in ensuring the systematic registration of
births and deaths in urban areas.

Even though a ‘birth certificate’ is considered an assurance for a hurdle free


future for our children, only 65% of the Indian population has gone through the
registration process. That is, with about 26 million births taking place in our
country in a year; only about 17 million births are registered. Similarly in the
case of deaths, only an average of 60% percent are registered every year.

5
a. State wise registration of birth in India during the period 1995-2002

Sl. States 1995 1996 1997 1998 1999 2000 2001 2002
No
India 55.3 67.2 69.3 69.3 71.9 71.8 NC NC
Major states
1. Andhra Pradesh 34.4 35.7 36.6 40.4 39.3 58.1 55.3 62.4
2. Assam 27.4 28.2 29.9 28.8 31.4 38.7 NA NA
3. Bihar 18.7 Complete information not available
4. Chhattisgarh Included in Madhya Pradesh 62.3 55.8 63.5
5. Gujarat 96.3 98.7 97.3 93.0 86.6 88.8 86.2 NA
6. Haryana 73.4 72.4 77.3 73.8 76.3 76.4 73.2 73.5
7. J & Kashmir Not available 98.8 91.7 68.1 56.2 NA
8. Jharkhand Included in Bihar 19.1 18.8 17.6
9. Karnataka 86.5 91.0 91.1 93.5 87.0 86.8 73.6 NA
10 Kerala Almost 100%
11 Madhya Pradesh 50.8 49.1 48.5 47.6 45.4 40.6 38.0 38.8
12 Maharashtra 80.3 77.4 78.4 79.8 87.9 91.1 90.6 NA
13. Orissa 67.8 67.6 69.5 71.8 77.6 81.3 82.1 83.1
14. Punjab 92.4 90.7 91.1 93.0 95.9 92.2 90.8 88.9
15 Rajasthan 23.7 22.6 25.7 28.3 31.1 35.0 39.5 55.2
16. Tamil Nadu 90.3 93.9 95.8 93.2 95.2 93.5 92.6 NA
17. Uttar Pradesh 40.6 Data not available
18. West Bengal 64.3 72.7 81.8 95.9 98.3 97.2 AHP AHP
Smaller states
1. Arunachal Pradesh 66.3 84.7 88.4 88.5 81.7 80.3 NA NA
2. Goa Almost 100%
3. Himachal Pradesh 71.7 85.1 89.0 87.2 85.5 94.1 AHP AHP
4. Manipur 14.0 16.9 20.5 44.8 40.2 46.9 45.7 51.4
5. Meghalaya 44.5 39.7 43.8 50.8 46.6 72.2 34.7 NA
6. Mizoram Almost 100%
7. Nagaland Data not available
8. Sikkim 24.4 39.6 59.4 72.7 73.1 80.0 NA NA
9. Tripura AHP 85.0 83.5 84.5 60.2 65.2 AHP AHP
10. Uttaranchal Included in Uttar Pradesh NA NA
Union Territories
1. A & N Island Almost 100% 94.4 AHP NA
2. Chandigarh Almost 100% NA NA
3. Dadra& Nagar 85.9 87.6 99.5 75.2 78.0 84.1 80.1 84.1
Haveli
4. Daman& Diu Almost 100% NA
5. Delhi Almost 100% NA NA
6. Lakshadweep 90.0 89.4 90.3 91.0 78.8 86.7 95.1 NA
7. Pondicherry Almost 100% NA NA
NA ? Not Available
AHP? Almost Hundred Percentage
NC? Not calculated due to the non receipt of data from some of the states

Source: Census Office of India, CRS division, New Delhi, July 2004

6
The table depicts the poor situation of birth registration especially in the states
of Bihar, Jharkhand, Assam and Manipur. In these states, only an average of 35
percent births could be registered in every year. The states like Kerala,
Karnataka, Maharashtra, Punjab, Orissa, West Bengal and all the Union
territories could ensure almost ninety percent of birth registration. The
emerging concern in those front-running states is the decline of the number of
birth registrations in recent years.

b. Level of Registration of death during 1995 to-2002

Sl States 1995 1996 1997 1998 1999 2000 2001 2002


No
India 47.2 57.9 56.5 60.9 61.3 60.7 NC NC
Major states
1. Andhra Pradesh 30.5 34.8 34.0 40.0 37.6 56.7 57.8 59.7
2. Assam 13.1 12.5 14.1 11.9 20.7 20.1 N.A N.A
3. Bihar 25.6 Complete information not Available
4. Chhattisgarh Included in Madhya Pradesh 66.1 66.6 73.4
5. Gujarat 69.0 69.9 65.1 59.6 54.8 60.4 62.9 N.A
6. Haryana 70.6 71.4 67.5 72.8 73.3 72.2 70.6 75.2
7. Jammu& Kashmir SRS not available 72.8 61.7 49.5 41.0 NA
8. Jharkhand Included in Bihar 22.8 23.8 26.5
9. Karnataka 86.9 90.1 92.4 93.5 87.5 85.1 77.2 NA
10 Kerala 86.1 90.4 86.7 93.0 92.8 88.1 86.1 NA
11 Madhya Pradesh 53.3 58.6 53.1 59.2 53.6 48.1 47.9 49.4
12 Maharashtra 69.1 69.3 62.5 72.3 68.1 71.5 72.4 NA
13. Orissa 56.4 55.2 58.2 64.8 64.0 60.9 62.0 66.7
14. Punjab 84.3 87.9 86.7 84.8 88.6 82.5 89.3 87.4
15 Rajasthan 27.3 28.6 32.8 42.5 42.7 45.6 55.1 62.0
16. Tamil Nadu 75.5 78.3 78.2 77.7 78.5 73.0 80.8 N.A
17. Uttar Pradesh 31.4 Complete information not available
18. West Bengal 27.4 30.3 33.2 38.7 54.0 53.4 56.2 59.4
Smaller states
1. Arunachal Pradesh 21.2 30.6 27.5 26.1 28.4 23.1 NA NA
2. Goa Almost 100% NA NA
3. Himachal Pradesh 50.2 60.7 61.6 66.1 72.5 74.3 80.7 77.0
4. Manipur 16.0 19.7 17.0 24.0 26.1 25.3 NA 31.1
5. Meghalaya 52.7 37.5 41.9 45.5 43.5 51.6 38.7 NA
6. Mizoram NA 99.5 82.1 73.1 80.9 77.7 Almost 100%
7. Nagaland Data not available
8. Sikkim 8.6 15.0 19.1 35.4 36.6 41.4 NA NA
9. Tripura 46.0 37.1 40.6 42.4 37.0 64.9 75.1 NA
10. Uttaranchal Included in Uttar Pradesh NA NA
Union Territories
1. A & N Islands 88.7 70.4 64.5 73.2 57.3 61.9 73.3 NA
2. Chandigarh Almost 100% NA NA
3. Dadra& Nagar 66.1 62.0 59.7 63.2 57.3 56.1 60.3 56.1
Haveli

7
4. Daman & Diu 81.6 77.6 AHP 85.7 98.2 85.4 83.0 NA
5. Delhi Almost 100% NA NA
6. Lakshadweep 74.3 79.4 80.6 84.7 81.9 85.3 93.1 NA
7. Pondicherry Almost 100% NA NA
NA ? Not Available
AHP? Almost Hundred Percentage
NC? Not calculated due to the non receipt of data from some of the states

Source: Census office of India, CRS division, New Delhi, July 2004

The data available on death registration shows that an average of only 60


percent of deaths that occurred, could be registered every year across the
country. The concern over poor registration of deaths still prevails in the states
of Assam, Bihar and Jharkhand. In these states, an average of only 30 percent of
deaths are registered. Hence it is important for these states to initiate steps and
strategies to ensure at least the average level of registration. There are different
reasons indicated for the poor registration of the births and deaths. The key
factor is the lack of awareness amongst the public on the importance of birth
and death certificates.

III. Evolution of Civil Registration System in India

In India, the vital statistics on birth and death is generated through the civil
registration system. The civil registration system in India was started with the
registration of deaths in the middle of nineteenth century. In 1873, the Bengal
Birth and Death Registrati on Act was passed, which was later adopted by the
neighbouring states of Bihar and Orissa. Later the Births, Deaths and Marriages
Registration Act 1886 were placed in the statute book as a central act to provide
for voluntary registration through out India. In urban areas, the registration
was carried on, basically under the municipal bylaws.

The Indian Famine Commission (1880), The Royal Commission on Agriculture


(1924) and the Royal Commission of Labour (1938) stressed on the need for
systematic registration of births and deaths in India. In 1939 the central
advisory Board of Health, strongly recommended the compulsory registration of
vital events with provision for strict enforcement of the law. The vital statistics
committee appointed by the second Health Ministers conference held in 1948
endorsed the recommendations of the above committee and observed that there
should be provision for enforcing uniformity throughout India in the collection
and compilation of the vital statistics and recommended for the enactment of an
act for the purpose. The Manickavelu Committee of the Central Council of
Health in 1960 recommended the setting up of statistical units in State Head
Quarters, large municipalities and corporations with provision of statistical staff

8
at the district level and in primary health centres for the work relating to health
and vital statistics. The conference on vital statistics in 1961 made a specific
recommendation for an early enactment of a central law on compulsory
regulation of births and deaths and provided a blue print for action. Based on
these recommendations “The Registration of Birth and Death (RBD) Act - 1969”
was enacted by the parliament, which replaced the diverse laws that existed on
the subject. The RBD act thus has provided mandatory registration of birth and
death and statutory authority, at central and state levels in India.

IV R.B.D Act - 1969 and the salient features

The “Registration of Birth and Death Act (1969)”, was enacted all over India to
provide a uniform law for the regulation of registration of births and deaths in
India. The RBD act gives the legal and administrative framework for Civil
Registration System (CRS) in India. The act authorizes the Registrar General
and Census Commissioner of India to coordinate the registration mechanism.
The RBD Act has been enforced in all states, with the responsibility of Chief
Registrar of Births and Deaths to make necessary arrangements for registration
facilities in the entire state and to see that no area is left without registration
facilities.

The RBD act comprises of 32 sections, which illustrate the rules, proceedings,
process, maintenance of records, the functions and functionaries at national,
state, district and peripheral levels to perform birth and death registration.

Salient feature of RBD Act-1969

?? Compulsory registration of births and deaths at the place of their


occurrence, with the Registrar in ULB s.

?? Provides statutory authority for central, state and local self-government


on birth and death registration and imparts a uniform law for the entire
country.

?? Promotes the central government to regulate the registration and


compilation of vital statistics across the country.

?? Ensures uniformity and comparability and leaving enough space for the
states to develop an efficient system of registration suitable to them
depending upon their administrative set up.

9
?? Direct responsibility on certain persons/ establishments to report the
events of occurrence of birth /death within a prescribed period.

?? Provides procedures for registration of events, which are not reported


within the period, prescribed (delayed registration).

?? Imposes penalties on the person/establishments not reporting the events


and also on the registration functionaries who neglect or refuse to do so,
without reasonable cause to register.

?? Casts responsibility on the registrar to provide first copy of extracts


(certificates) in the prescribed format free of charge. More copies can be
issued based on the prescribed fee.

?? Provides space for correction or cancellation of entries made erroneously,


fraudulently or improperly in the birth and death registers.

Source: Census office of India, CRS division, New Delhi, July 2004

V. Importance of Birth Registration

Birth registration provides legal proof for identity, civil status, age, dependency
status in the family and a wide variety of rights for an individual. Registration
of birth and the issuing of birth certificate are interlinked events. Registration of
birth is very important for obtaining the birth certificate. The RBD act clearly
specifies that the registrars in the local bodies are required to issue the birth
certificate free of charge, on births reported with in 21 days of occurrence. The
birth certificate is significant for an individual for personal identification and
protection as indicated in the table.

Significance of birth certificate

?? The fact of birth may become necessary for one to prove the parentage,
family relationship and settlement of property rights.

?? A birth certificate is necessary to establish the date of birth and proof of


age which may be required in a wide range of areas like …

10
1. Admission of children in schools, where the proof of age, name and
nationality are important.

2. Admission to government, semi-government and private


services.

3. To enrol the name of child in ration card.

4. Availing the welfare schemes and grants of Government for those in


Below Poverty Line (BPL).

5. Admission to orphanages, destitute homes, shelter homes and old age


homes where the age limit is mandatory to determine the individual in
the category of juvenile, adult or aged.

6. Employment in factories and other industries.

7. Recruitment in armed forces and military service.

8. Proof of identity - to enlist in the voters list in local body election.

9. To prove the domicile (citizenship) and nationality.

10. For availing schemes and insurance policies needed to prove age and
family bonds.

11. To avail the protection of law – especially to the children committing an


offence before attaining the age of 18 years.

12. Claiming social security benefits under health schemes, pensions and
other welfare schemes.

13. Obtaining driving license, passport etc.

14. Other purposes where maximum or minimum age limits are


prescribed.

The registration of birth is important to the government for updating the


statistics on population and providing the necessary services based on
population.

11
VI. Importance of Death Registration.

Proof of death is important for relieving an individual from legal, social and
financial obligations. It will be essential for his family members to enjoy the
inheritance of property and closing the statutory obligations. Death certificate is
crucial in proving the “circumstances of death” in the case of accident, murder
and also on availing the benefits of Life Insurance Corporation and other
financial schemes. The death certificate is mandatory for availing benefits like
dying in harness, family pension and on relieving a person from the muster roll.

Significance of Death certificate

?? Proof for the family members to collect insurance and other social
security benefits.

?? Proof of circumstances in the case of unnatural death.

?? Proof of the time and date of death, which are important in the court of
law.

?? To establish the fact of death for relieving the individual from official
obligations.

?? To enable settlement of inheritance of property to the successors.

?? To relieve a person from employment, voters list, ration card, pension


schemes etc.

12
VII. Hierarchical Structure on Birth and Death Registration
(Organizational Arrangement)

The following officials are designated at national level, state level, district level
and local level to coordinate and ensure the proper registration of birth and
death based on the RBD Act -1969.

National level
Registrar General of India
(Ministry of Home affairs, GOI)

State level
Chief Registrar

District level
District Registrar

Local area (LSGI)


Registrar

13
VIII. Role of functionaries in birth and death registration

Level Functionaries Role

(Section 3 (1) of RBD act)

?? Coordinate and unify the delegated


responsibilities for ensuring the registration
National Registrar of birth and death in every state.
level General of
India ?? Consolidation of nation-wide vital statistics
on birth and death registration and
submitting annual report on the status of
working of RBD act, before the ministry of
home affairs based on the reports prepared
by the chief registrar of each state.

?? The census commissioner of India is


designated as the Registrar General for birth
and death registration.

(Section 3 (2) of RBD act)


Deputy
Registrar ?? Discharging of functions and responsibilities
General of Registrar General under his supervision
and direction

(Section 4 (3) of RBD act)

?? Chief Executive authority of the state for


State level Chief carrying out the execution of the provisions
Registrar of RBD act.

?? Execution of rules and orders made by the


state government on the subject of birth and
death registration.

14
(Section 4 (2) of RBD act)
Additional
Chief ?? Discharging of functions of Chief Registrar
Registrar as he may from time to time authorize his
supervision and direction.

(Section 6 (1) of RBD act)

District ?? Execution of the provisions of the act and


Registrar orders of the Chief Registrar issued from
time to time in the district for the purpose of
District this act.
level
Additional (Section 6(1) of RBD act)
District
Registrar ?? Discharging the functions of the district
registrar for carrying out the district
provisions of this act.

(Section 7 (1) of RBD act)


Registrar
?? Careful entry of birth and death within the
jurisdiction of a municipality.
Peripheral ?? Certifying officer to issue birth and death
Level certificate in ULBs.

(Section 7(5) of RBD act)

Sub Registrar ?? Assigned to carry out the functions and duties


of registrar in relation to specified areas within
his jurisdiction.

15
IX. State level functionaries in Civil Registration System

The functionaries designated to maintain the registration system differ from state to
state. The following table represents the responsible functionaries in each state.

Functionaries

State
Below Urban Panchayat
State level District areas
District areas

In Urban areas, the birth and death are required to be reported to the designated
Registrar

registrar (Usually commissioner/Health officer) in the Urban Local Bodies.


Chief Registrar District Registrar
Director of Health District Medical and Panchayat -
Health Officer Executive
Andhra Officer
Pradesh Addl. Chief Registrar Addl. Dist. Registrar
Other villages —
1. Dy. Dist. Medical Village
1. Additional Director and Health Officer in- Administrative
of Medical and charge of Medical
Health Services Officer
and Health Work
2 Dy. Commissioner other than Family
Panchayat Raj Welfare
Dy. Chief Registrar 2. Addl. Distt. Medical
Dy. Director of Medical and Health Officer
and Health Services

District Registrar Registrar


Arunachal Dy. Commissioner Extra-Assistant
Pradesh Chief Registrar Commissioner /
Director of Economics Addl. Distt. Registrar Circle officer
and Statistics District Statistical
Officer Sub-Registrar
Teacher/Village
level worker

16
District Registrar Registrar
Chief Registrar Joint Director of Health Senior Medical
Assam Director of Health Service Services and Health
officer
Addl. Distt. Registrar
Addl. Chief Medical
and Health Officer

Chief Registrar
Director of Statistics and District Registrar Addl. Distt.
Bihar Evaluation Dy. Development Registrar Registrar
Commissioner Block Panchayat
Joint chief Registrar Development Sevak
Joint director (VS) Addl. Distt. Registrar Officer
Distt. Statistical Officer
Dy. Chief Registrar
Dy. Director (VS)

Chief Registrar Addl. Distt.


Director of Planning, Registrar Registrar
Goa Statistics and Evaluation Block Secretary of
District Registrar Development Village
Addl. Chief Registrar Additional Collector Officer Panchayat
Joint Director, Planning,
Statistics and Evaluation

Chie f Registrar
Director of Statistics and District Registrar Addl. Distt.
Evaluation Dy. Development Registrar Registrar
Jharkhand Commissioner Block Panchayat
Joint chief Registrar Development Sevak
Joint director (VS) Addl. Distt. Registrar Officer
Distt. Statistical Officer
Dy. Chief Registrar
Dy. Director (VS)

Chief Registrar
Commissioner of Health, Registrar
Medical Services and District Registrar Taluka Talati-cum-
Medical Education District Health Officer Registrar Mantri/Mantri
Gujarat /Chief District Health Taluka
Dy. Chief Registrar Officer Development Sub-Registrar
Addl. Director (stats) Officer Clerk of Village
Panchayat
Addl. Dy. Chief
Registrar.
Dy. Director (Stats)

Chief Registrar
Director General of health District Registrar Registrar
Haryana Services Civil Surgeon Station House
officer (Police)
Addl. Chief Registrar
1. Dy. Director Health
Services

17
Addl. District Registrar

2. Asst. Inspector - 1. Distt. Health officer


General of Police

3. Under Secretary 2. Supdt. of Police


LSG

Chief Registrar District Registrar Specified Registrar


Director of Health and Chief Medical officer Officer Gram Panchayat
Himachal Family Welfare Block Avam Vikast
Pradesh Development Adhikari of
Dy. Chief Registrar Addl. Distt. Registrar Officer Gram Panchayat
Dy. Director Medical Officer, Health

Chief Registrar
Jammu & Director of Health and District Registrar
Kashmir Family Welfare Chief Medical officer Registrar
In-charge of
Addl. Chief Registrar Addl. Distt. Registrar Police Station
Director of Economics District Statistics and
and Statistics Evaluation Officer

Chief Registrar District Registrar


Director, Bureau of Dy. Commissioner
Economics and Statistics
Registrar
Karnataka
Joint Chief Registrar Addl. District Village
Joint Director, Economics Registrar Accountant
and Statistics District Statistical
Office
Dy. Chief Registrar
Dy. Director Economics
and Statistics

Chief Registrar Registrar


Director of Panchayat District Registrar Secretary of
Asst. Director of Gram Panchayat
Panchayat
Kerala Addl. Chief Registrar Sub-Registrar
Addl. Director of Addl. Distt. Registrar Jt. Supdt./Head
Economics and Statistics Senior Research Clerk/UDC of
Assistant of DSO Gram Panchayat
Dy. Chief Registrar
Dy. Director of Panchayat

Chief Registrar
Director of Economics District Registrar Registrar
Madhya and Statistics District Statistical Panchayat
Pradesh Officer Secretary
Dy. Chief Registrar
Dy. Director (VS)

18
Chief Registrar Addl. Distt. Registrar
Director General of Health Registrar Gram
Maharash Services 1. Dy. Chief Sevak/Asstt.
tra District Registrar Executive Gram
Dy. Chief Registrar District Health Officer officer (VP) Sevak/VDO
Dy. Director of Health
Services 2. BDO
(Panchayat
Samiti)

Chief Registrar Registrar


Chhattisg Director of Economics 1. In-charge of
arh and Statistics District Registrar Police Station
District Statistical
Dy. Chief Registrar Officer 2. Forest Range
Dy. Director Officer

3. In-charge of
Regional
Development
Authority

Sub-Registrar
In-charge officer
Police Chowki

Chief Registrar District Registrar Registrar


Director of Medical and Chief Medical Officer 1. Block Devt
Health Services Officer in valley
block areas
Addl. Chief Registrar
Director Economics and 2. Sub
Manipur Statistics Divisional
Officers/Medica
Dy. Chief Registrar l Officer in-
Dr. Director (VS) charge of PHCs
of hilly areas

Sub-Registrar
Panchayat
Secretary in
valley block
areas

Chief Registrar Registrar


Director of Health District Registrar Medical and
Meghalaya Services District Medical and Health Officer
Health Services in-charge of
Dy. Chief Registrar PHC
Joint Director of Health
Services

Chief Registrar District Registrar


Planning Secretary Deputy Commissioner
Registrar

19
Addl. Chief Registrar Addl. Distt. Registrar
Director of Economics District Education
Mizoram and Statistics Officer
Primary School
Dy. Chief Registrar Asstt. Distt. Registrar Teacher
Dy. Director of Research officer
Economics and Statistics Economics and
Statistics

Dy. Chief Registrar Addl. Distt. Registrar


Nagaland Chief Registrar Dy. Commissioner Registrar LP Teachers
Director of Economics Block
and Statistics District Registrar Development
District Statistical Officer
Officer

Chief Registrar District Registrar


Director of Health Chief District Medical
Services Officer Registrar
Medical Officer
Addl. Chief Registrar Addl. District in-charge of
Joint Director of Health Registrar PHC
Services (Public Health) Addl. District medical
Orissa officer
Dy. Chief Registrar
Dy. Director (VS)

Asstt. Chief Registrar


Asstt. Director (VS)

Chief Registrar District Registrar


Director of Health and Civil Surgeon
Family Welfare Registrar
Station House
Addl. Chief Registrar Addl. Distt. Registrar Officer—Police
Punjab Dy. Director (Stats.) District Health Station
Officer/Assistant Civil
Surgeon

Chief Registrar Addl. Chief Registrar Registrar


Director of Economics Collectors of all Gram
and Statistics Districts Sevak/Gram
Sachiv/ Head
Addl. Chief Registrar District Registrar Master of
Rajasthan Joint Director Economics District Statistical Primary School
and Statistics officer
Sub-Registrar
Dy. Chief Registrar Addl. Distt. Registrar Assistant
Dy. Director Development Officer Teacher
Panchayat Samiti

Chief Registrar Registrar


Sikkim Director of Health and District Registrar Medical Officer
Family Welfare Chief Medical Officer in-charge of
PHC
Joint Chief Registrar
Director, Bureau of
Economics and Statistics

20
Chief Registrar District Registrar
Director of Public Health Collector/District
Tamil and Preventive Medicine Revenue officer/ Registrar
Nadu Additional Collector Village
Dy. Chief Registrar Administrative
Jt. Director, SBHI Addl. District Officer
Registrar
Dy. Director Health
Services

Chief Registrar District Registrar Addl. Distt. Registrar


Director of Health District Magistrate/ Registrar 1. Tehsildar
Services Collector 1.Sub-
Divisional 2. Panchayat
officer (Tripura Secretary
Tribal
Tripura Autonomous
Area
Development
Council area)

2. Block
Development
Officer

Chief Registrar District Registrar Registrar


Secy. Medical and Health Chief Medical Officer Gram Panchayat
Vikas Adhikari
Addl. Chief Registrar Addl. Distt. Registrar
1. Addl. Director 1. Dy. Chief Medical
(National Programme), Officer (Urban Area)
Uttar Health
Pradesh 2. District Panchayat
2. Dy. Director Raj Officer (Rural
Panchayat Raj Area)

Dy. Chief Registrar


Assistant Director/
Statistical Officer

Chief Registrar District Registrar Registrar


Director General Chief Medical Officer Gram Panchayat
Medical and Health Vikas Adhikari
Addl. Distt. Registrar
Addl. Chief Registrar 1. Dy. Chief Medical
1.Addl. Director (National Officer
Uttaranch Programme), Health (Urban Area)
al
2. Dy. Director 2. District Panchayat
Panchayat Raj Raj Officer
(Rural Area)
Dy. Chief Registrar
Assistant Director/
Statistical Officer

Source: Census Office, CRS division, New Delhi, July 2004

21
X. How to access the facilities for Birth and Death registration in
Urban Local Bodies?

In urban areas, the local bodies are responsible for carrying out the process of
birth and death registration. Registration of birth and death and thereby
obtaining the certificates will be difficult, if it is not been done within 21 days of
occurrence of the event. The lack of awareness on how to register and obtain the
certificates caused the poor registration of births and deaths in India. Hence it is
important for everyone to know on how to access the facilities for birth and
death registration. Two basic steps are required for birth and death registration.
The first one is to inform the local registrar in the municipality about the
occurrence of birth and death by the designated official/individual and the
second is to obtain the certificate by the individual from the municipality. In
most of the Urban Local Bodies the commissioner/ secretary/health officer is
designated for issuing birth and death certificates. The following formalities
need to be observed while informing of the occurrence of the event and
obtaining birth and death certificates.

a. Inform the occurrence of birth and death (Reporting).

The first and foremost step in birth and death registration is to inform the
registrar in the Urban Local Bodies within the set time limit of the occurrence of
the event. The RBD act, section 8,9 & 10 have directed the responsibility of
informing the occurrence of events to the various officers and individuals based
in the place of occurrence. The table given below indicates the person
responsible as directed by the Act.

Sl. No. Place of Birth/Death Responsible informant

1. House ?? Head of the household.


?? In his absence nearest relative.
?? In their absence, the oldest
male person.

2. Hospital, health centre, nursing ?? Medical officer in charge or


home, or other institutions. any other person authorized
by him.
Hostel, hotel, boarding house,
3. lodging house, tavern toddy
shop or other places of public ?? Person in charge of the place.
resort

22
?? Headman or other
corresponding officer of the
4. village
New born or dead body deserted
in public place ?? Official in-charge of the
village.

?? Officer in charge of local


police station elsewhere.

5. Moving vehicle in land, air or Person in charge of moving


water vehicle.

6. Plantation Superintendent of the plantation.

b. Date of registration of birth and death and prescribed formalities

The act specifies that any occurrence of birth and death, the registrar in the ULBs
should be informed within 21 days of the event. The process of registration gets
complicated in the case of delayed registration.

Sl. Time of registration of birth Formalities to be observed


No and death

1 With in 21 days of ?? Registration is done without


occurrence. any fee and a certificate is
issued free of cost.

2. After 21 days but within 30 ?? Prescribed late fee of Rs. 2/-


days of occurrence (two) as per the national rule
on birth and death.
?? Written permission to the
3. After 30 days but within one prescribed officer (usually
year district registrar)
?? Production of an affidavit
made before a notary public or
prescribed authority.
?? Payment of Rs.5/- as late fee

23
4. After one year of Occurrence ?? An order of the executive
magistrate.
?? Prescribed late fee of Rs.10/-
(ten )

There are ULBs charging fees in addition to the prescribed amount, as cost
for computerization of birth and death registration mechanism and the
quality of glossy certificate.

c. Form for registering Birth and Death

For registering birth and death the informant has to fill up a prescribed form
based on nature of the event.

1. Form Number 1 - for birth registration


2. Form number 2 - for death registration
3. Form number 3 - for still birth4

The responsible informant as indicated in the previous table has to fill the form and
submit it to the local registrar. The form has two parts, namely legal information and
statistical information. The legal part of the form will be detached and placed with the
registrar for issuing the certificate while the other part is for the statistical processing.
Copy of the forms are attached as annexure-2

d. Issuing of Birth and Death Certificate


The registrar designated as per the RBD act is entitled to issue the certificate for
birth, death and stillbirth. In ULBs, usually the Commissioner /Health officer is
designated to issue birth and death certificate. The individual who is looking
for the certificate has to go directly to the respective municipality, if it is
registered within the said time. The RBD Act recommends the issue of the
certificate free of charge. However, municipalities are charging an amount of
Rs.10 to 20/- for the certificate as cost of lamination of certificate. The key issue
on the birth and death registration system is that the majority of citizens have
not collected their birth/death certificate, even though the occurrence of it are
registered by the informant.

4
Stillbirth means foetal death, where a product of conception has attained at least the prescribed period of
gestation.

24
e. Entry of name in birth certificate.

It is not compulsory to put the name of the child at the time of registration.
However, it is mandatory to ensure the name of the child is in the birth register
and in the certificate before producing it as a proof required for several reasons.
The name can be entered by reporting to the registrar within one year of
registration with out any fee. The name can also be incorporated after one year
but within 15 years of registration with a fee of Rs.5/- (five). The registrar will
issue a fresh certificate with the name of the child. The errors in the particulars
can also be corrected in the birth certificate by informing the registrar.

f. Registration of births occurring outside India: The Indian consulates abroad


can register the births and deaths occurring outside India as per the provision
made in the citizen’s rule under the citizens act 1955. However, the Indian
citizens have also been allowed to register the births of their children at the place
of their permanent residence within 60 days after their return to India if they
returned with a view to settling here.

XII National rule on Death and Birth Registration

In order to ensure the effective implementation of Birth and Death registration,


the central government has drafted a national rule for the state to be followed
herein after. The rule drafted in 1999, simplifies the act and provides necessary
guidance to the state to prepare the state specific rules. The rule has given
direction on charging the fees and penalties on late registration.

Penalties: Any person (registrar/medical officer/other informer) responsible


for informing of the occurrence of the event fails to do so/puts false
information/refuses to register with out reasonable cause shall be punishable
with a fine, which may extend to Rs. 50 (fifty). (A copy of the national rule
attached as annexure –1)

XII. Issues pertaining to Birth and Death registration.

a. Logistical hurdles of getting the proper office: In urban areas, the


registrar responsible for birth and death registration is situated in
municipalities. To obtain a birth or death certificate, one has to give
details to the municipality. Based on which there will be an enquiry in
their area of residence before issuing the certificate. The process of birth
and death registration will be complicated in the case of delayed
registration. Often the slum dwellers may not be aware about how to get
an affidavit and process it through a district magistrate, in the case of late

25
registration. The majority of urban slum dwellers may not have any other
document to prove their identity.

b. Lack of awareness among the general public: The key factor in poor
registration is due to the lack of awareness among the public, especially
the poor in urban slums, on the importance of registration. These people
come to know of the significance of birth and death certificates only when
they are required, as a proof at different occasions like getting admission
in schools or as a proof in the court of law. However, by that time the
permitted time limit to get the certificate directly from the municipality
gets over and hence they have to follow a long process to get the
certificate. The slum dwellers most of the time, are confused on where to
contact, whom to contact and how to follow up in such cases.

c. Conflict with tradition in ethnic minorities: This is an issue basically


with the tribal groups who are skeptical of the government mechanism
and view the system as an attempt to dilute their culture and tradition.
This issue prevails only in limited urban centers where ethnic groups are
living together.

d. Weak enforcement of legal measures: As per the Birth and Death


Registration Act, the negligence in reporting birth and death by the
designated official is punishable with a fine, which shall be extended only
up to a maximum of Rs.50/-. The penalty provision is not strong enough
to pressurize the functionaries as well as informants to ensure the cent-
percent registration. There is no mandatory provision to punish those
not registering and obtaining the certificate within 21 days of the
occurrence of the event. The Government has also failed to enforce legal
measures because of the constraints with staffing and resource allocation.

e. Insufficient funding and inadequate technology: Lack of funds for


ensuring friendlier and usable systems is another hindering factor. In the
new era of mechanization effective steps have not been taken in ensuring
the easiest and simplest way of registering and issuing birth and death
certificates.

f. Lack of mandatory rules for the effective use of certificates: Compared


to many other countries, the usage of birth and death certificates has not
been given due recognition in India. In India, the certificate is not
mandatory for immunization of a child, getting health care facilities,
availing schemes and for getting married, which rules are being practiced
in many other countries. Even though, a birth certificate is mandatory for

26
school admission in India, the majority of children were admitted into
schools with out proper birth certificate. The lack of effective rules and
weak enforcement of the existing provisions has diluted the usage of
birth and death certificate.

g. Non-institutional delivery of birth/death: The majority of non- hospital


deliveries and occurrence of deaths has been going unregistered since the family
members are not aware of the provision and importance of informing the same to
the municipality. This often happens among the poor slum dwellers.

XIV. Strategies for improving Birth and Death registration

a. Awareness creation: It is mandatory that each individual have a birth


certificate and his family get a death certificate. Awareness needs to be
created among the public especially among slums dwellers who are not at
all aware of the registration process. The programme should able to
cover the importance and the process of obtaining the birth and death
certificates. This, in turn, would help the people to know where to go,
whom to contact and how to get a birth/death certificate.

b. Public campaign: Public campaigns would help in creating awareness on


a massive scale. They can include door-to-door visits, rallies, and folk art
items with dissemination of information through IEC materials on the
importance of birth and death registration and the process of registration
in the concerned municipality. Facilities for on the spot registration and
distribution of certificates during the campaign would be ideal in
ensuring the maximum coverage.

c. Promoting citizen groups: The citizen groups, particularly of youth and


women groups can take a lead on ensuring maximum birth and death
registration in their community. The groups could provide guidance
and support to those who need to register births or deaths in their
community. The groups can promote awareness within their family and
in society. However timely information and training to citizen groups on
the process of birth and death registration needs to be completed.

d. Task forces on informing birth and death: The NGOs working in the
field of governance issues can think of forming task forces from the
intervening locations. The members in the task forces can act as resource
persons for creating awareness among the citizen groups and work
within the community towards the issue of birth and death registration of
poor. The task forces can effectively play the role of an agent to inform

27
the municipality on any death or birth going unregistered. The members
of the task force can also link the citizen groups with existing registration
systems in municipalities and mobilize people to pressurize the
government in executing innovative strategies and mandatory rules for
maximum registration of birth and death.

e. Promote innovative technologies: There are a few municipalities in the


southern states that started -Seva centers for the fast registration and
distribution of birth and death certificates. These isolated efforts need to
be taken as models and expanded throughout the county. Efforts and
financial resources need to be mobilized in ensuring the technological
assistance on promoting the system of birth and death registration.

f. Provide adequate human resources and competencies: The Government


has to provide the required human resources in all municipalities to
streamline the registration process. The Government also needs to fill-up
vacancies and organise periodic trainings to the functionaries with a view
to strengthen the registration system. It is again important to draw out
policies and rules, which stipulate the use of birth and death certificates
at different occasions.

XV Conclusion

Ensuring Birth and Death registration and thereby issuing certificates are vital
for the citizen as well as the government for a sensible operation of local self-
governance. The Central and State Governments have taken measures to ensure
hundred percent registration of births and deaths through the Civil Registration
System. However, the expected level of registration could not be achieved due
to the technical, financial and system difficulties. A process of correction and
clarity in the existing registration system is important to make the process more
simple and effective. The government has to look into the important aspects of
administration such as giving periodic training to the functionaries; filling up of
vacancies and implementing people centered monitoring mechanisms. The
citizen groups can create awareness among the general public on ensuring
maximum registration. The role of NGOs at this juncture is crucial to support
the citizen groups and sensitising the functionaries for a better system of birth
and death registration. All such planned and concerted efforts can certainly
result in achieving the goal of hundred percent registration of births and deaths
in India.
----------------------------------------

28
References

1. Report on Progress of Nation, website: www.unicef.org, July1998.


2. Inder Jit Singh, Article on Improving Birth Registration, Economic
and Political Weekly, Vol –24, 12 June 2004.
3. The RBD act 1969
4. National rules on Birth and Death Registration-1999, Census Office
of India.
5. Data and information materials, Census Office of India, New
Delhi.

29
Annexure:1
MODEL REGISTRATION OF BIRTHS AND DEATHS RULE, 1999

In exercising the powers conferred by section 30 of the Registration of Births


and Deaths Act, 1969, (18 of 1969) the State Government/Governor/
Administrator of ………………………. with the approval of the Central
Government, hereby makes the following rules, namely;

1. Short title:
(1) These rules may be called the Registration of Birth and Deaths Rules,
1999.
(2) They shall come into force with effect from 1.1.2000 through notification
in the Official Gazette.
(3) These rules will replace the ………….. Registration of Birth and Deaths
Rules, ……………….. and all its subsequent amendments notified from
time to time.

2. Definitions—In these rules, unless the context otherwise requires:

(1) “Act” means the Registration of Births and Deaths Act, 1969;
(2) “Form” means a Form appended to these rules; and
(3) “Section” means a section of the Act.

3. Period of gestation—the period of gestation for the purposes of clause (g)


of sub-section (I) of section 2 shall be twenty-eight weeks.

4. Submission of report under section 4(4)—The report under sub-section (4)


shall be prepared in the prescribed format appended to these rules and shall
be submitted along with the statistical report referred to in sub-section (2) of
section 19, to the State Government by the chief Registrar for every year by
the 31st July of the year following the year to which the report relates.

5. Form, etc. for giving information of births and deaths—

(1) The information required to be given to the Registrar under section 8


or section 9, as the case may be, shall be in Form Nos. 1, 2, and 3 for the
Registration of a birth, death and still birth respectively called the
reporting forms. Information. if given orally shall be entered by the
Registrar in the appropriate reporting forms and the signature/thumb
impression of the informant obtained.
(2) The part of the reporting forms
(3) The information referred to in

30
6. Birth or death in a vehicle—(1) In respect of a birth or death in a moving
vehicle, the person in charge of the vehicle shall give or cause to be given
the information under sub-section (1) of section 8 at the first place of halt.
Explanation—For the purpose of this rule the term “vehicle” means
conveyance of any kind used on land, air or water and includes an aircraft, a
boat, a ship, a railway carriage, a motor-car, a motor-cycle, a cart, a tonga
and a rickshaw.

(2) In the case of deaths (not falling under clauses (a) to (e) of sub=-section
(1) of section (8) in which an inquest is held, the officer who conducts the
inquest shall give or cause to be given the information under sub-section (1)
of section 8

7. Form of certificate under section 10(3)—The certificate as to the cause of


death required under sub-section (3) of section 10 shall be issued in Form
No. 4 or 4A and the Registrar shall, after making necessary entries in the
register of deaths, forward all such certificates to the Chief Registrar or the
officer specified by him in this behalf by the 10th of the month immediately
following the month to which the certificates relate.

8. Extracts of registration entries to be given under section 12-(1) The extracts


of particulars from the register relating to births or deaths to be given to an
informant under section 12 shall be in Form No. 5 or Form No. 6, as the case
may be.

(2) In the case of domiciliary events of births and deaths referred to in clause
(a) of sub-section (1) of Section 8 which are reported direct to the
Registrar of Births and Deaths, the head of the house or household as the
case may be, or, in his absence, the nearest relative of the head present in
the house may collect the extracts of birth or death from the Registrar
within thirty days of its reporting.

(3) In the case of domiciliary events of births and deaths referred to in clause
(a) of sub-section (1) of section 8 which are reported by persons specified
by the State Government under sub-section (2) of the said section, the
person so specified shall transmit the extracts received from the Registrar
of Births and Deaths to the concerned head of the house or household as
the case may be, or, in his absence, the nearest relative of the head present
in the house within thirty days of its issue by the Registrar.

(4) In the case of institutional events of births and deaths referred to in


clauses (b) to (e) of sub-section (1) of section 8, the nearest relative of the
new born or deceased may collect the extract from the officer or person in

31
charge of the institution concerned within thirty days of the occurrence of
the event of birth or death.

(5) If the extract of birth or death is not collected by the concerned person as
referred to in sub-rules (2) to (4) within the period stipulated therein, the
Registrar or the officer or person in charge of the concerned institution as
referred to in sub-rule (4) shall transmit the same to the concerned family
by post within fifteen days of the expiry of the aforesaid period.

9. Authority for delayed registration and fee payable therefore- (1) Any birth
or death of which information is given to the Registrar after the expiry of the
period specified in rule 5, but within thirty days of its occurrence, shall be
registered on payment of a late fee of rupee two.

(2) Any birth or death of which information is given to the registrar after
thirty days but within one year of its occurrence, shall be registered only
with the written permission of the officer prescribed in this behalf and on
payment of a late fee of rupees five.

(3) Any birth or death which has not been registered within one year of its
occurrence, shall be registered only on an order of a Magistrate of the first
class or a Presidency Magistrate and on payment of a late fee of rupees
ten.

10. Period for the purpose of section 14—


(1) Where the birth of any child has been registered without a name, the parent
or guardian of such a child shall, within 12 months from the date of
registration of the birth of the child, give information regarding the name of
the child to the Registrar either orally or in writing.

Provided that if the information is given after the aforesaid period of 12


months but within a period of 15 years, which shall be reckoned

i) In case where the registration had been made prior to the date of
commencement of the Registration of Births & Deaths (Amendment)
Rules, 19.., from such date, or
ii) In case where the registration is made after the date of commencement
of the Registration of Births & Deaths (Amendment) Rules 19.., from
the date of such registration, subject to the provisions of sub section
(4) of section 23,

32
The Registrar shall

a) If the register is in his possession forthwith enter the name in the


relevant column of the concerned form in the birth register on
payment of a late fee of rupee five,
b) If the register is not in his possession and if the information is given
orally, make a report giving necessary particulars, and, if the
information is given in writing, forward the same to the officer
specified by the State Government in this behalf for making the
necessary entry on payment of a late fee of rupees five.
(2) The parent or the guardian, as the case may be, shall also present to the Registrar the
copy of the extract given to him under section 12 or a certified extract issued to him
under section 17 and on such presentation the Registrar shall make the necessary
endorsement relating to the name of the child or take action as laid down in clause
(b) of the proviso to sub-rule (1).

11. Correction or cancellation of entry in the register of births and deaths-

(1) If it is reported to the Registrar that a clerical or formal error has been made
in the register or if such an error is otherwise noticed by him and if the
register is in his possession, the Registrar shall enquire into the matter and if
he is satisfied that any such error has been made, he shall correct the error
(by correcting or cancelling the entry) as provided in section 15 and shall
send an extract of the entry showing the error and how it has been corrected
to the State Government or the officer specified by it in this behalf.

(2) In the case referred to in sub rule (1) if the register is not in his possession,
the Registrar shall make a report to the State Government or the office
specified by it in this behalf and call for the relevant register and after
enquiring into the matter, if he is satisfied that any such error has been made,
make the necessary correction.

(3) Any such correction as mentioned in the sub-rule (2) shall be countersigned
by the State Government, or the officer specified by it in this behalf when the
register is received from the Registrar.

(4) If any person asserts that any entry in the register of births and deaths is
erroneous in substance, the Registrar may correct the entry in the manner
prescribed under section 15 upon production by that person a declaration
setting forth the nature of the error and true facts of the case made by two
credible persons having knowledge or the officer specified in this behalf.

33
(5) Notwithstanding anything contained in sub-rule (1) and sub-rule (4) the
Registrar shall make report of any correction of the kind referred to
therein giving necessary details to the State Government or the officer
specified in this behalf.

(6) If it is proved to the satisfaction of the Registrar that any entry in the
register of births and deaths has been fraudulently or improperly made,
he shall make a report giving necessary details to the officer authorized
by the Chief Registrar by general or special order in this behalf under
section 25 and on hearing from him take necessary action in the matter.

(7) In every case in which an entry is corrected or cancelled under this rule,
intimation thereof should be sent to the permanent address of the person
who has given information under section 8 or section 9.

12. Form of register under Section 16 – The legal part of the Forms No. 1, 2 and
3 shall constitute the birth register, death register and still birth register
(Form Nos. 7, 8 and 9) respectively.

13. Fees and postal charges payable under section 17-

1) The fees payable for a search to be made, an extract or a non-availability


certificate to be issued under section 17, shall be as follow:

Re.
(a) Search for a single entry in the
first year for which the search is made 2.00
(b) for every additional year for which the search is continued 2.00
(c) for granting extract relating to each birth or death 5.00
(d) for granting non-availability certificate of birth or death 2.00

(2) Any such extract in regard to a birth or death shall be issued by the
Registrar or the officer authorized by the State Govt. in this behalf in
Form No. 5 or, as the case may be, in Form No. 6 and shall be certified in
the manner provided for in section 76 of the Indian Evidence Act, 1872 (1
of 1872).
(3) If any particular event of birth or death is not found registered the
Registrar shall issue a non-availability certificate in Form No. 10.
(4) Any such extracts or non-availability certificate may be furnished to the
person asking for it or sent to him by post on payment of the postal
charges therefore.

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14. Interval and forms of periodical returns under section 19(1) –
(1) Every Registrar shall after completing the process of registration send all the
Statistical Parts of the reporting forms relating to each month along with a
Summary Monthly Report in Form No. 11 for births, Form No. 12 for deaths
and Form No. 13 for still births to the Chief Registrar or the officer specified
by him on or before the 5th of the following month.

(2) The officer so specified shall forward all such statistical parts of the reporting
forms received by him to the Chief Registrar not later than the 10 th of the
month.
15. Statistical report under section 19(2) --The statistical report under sub-
section (2) of section 19 shall contain the tables in the prescribed formats
appended to these rules and shall be compiled for each year before the 31st
July of the year immediately following and shall be published as soon as
may be thereafter but in any case not later than five months from that date.

16. Conditions for compounding offences -

(1) Any offence punishable under section 23 may, either before or after the
institution of criminal proceedings under this Act, be compounded by an
officer authorized by the Chief Registrar by a general or special order in
this behalf, if the officer so authorized is satisfied that the offence was
committed through inadvertence or oversight or for the first time.
(2) Any such offence may be compounded on payment of such a sum, not
exceeding rupees fifty for offences under sub-sections (1), (2) and (3) and
rupees ten for offences under sub-section (4) of section 23 as the said
officer may think fit.

17. Registers and other records under section 30(2)(K) –


(1) The birth register, death register and stillbirth register shall be records of
permanent importance and shall not be destroyed.
(2) The court orders and orders of the specified authorities granting
permission for delayed registration received under section 13 by the
Registrar, shall form an integral part of the birth register, death register
and still birth register and shall not be destroyed.
(3) The certificate as to the cause of death furnished under sub-section (3) of
the section 10 shall be retained for a period of at least 5 years by the Chief
Registrar or the officer specified by him in this behalf.
(4) Every birth register, death register and still birth register shall be retained
by the Registrar in his office for a period of twelve months after the end
of the calendar year to which it relates and such a register shall thereafter
be transferred for safe custody to such an officer as may be specified by
the State Government in this behalf.

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