Certificate of No Birth Death Record | जन्म मृत्यू नोंद नसले बाबत प्रमाणपत्र
FAQs on Registration of Births & Deaths
Q: Whether registration of Births & Deaths can be done at any place ?In other word, Whether registration of Births & Deaths can be done at any place irrespective of the place of occurrence? Whether an event, which has taken place in Bombay, can be registered in Goa?
A: The event can be registered at the place of occurrence only. An event, which has taken place in Bombay, will be registered with the concerned local Registrar in Bombay within whose jurisdiction the event has occurred. The event cannot be registered in Goa.
Q: Whether the event of death occurred in a road accident at Hyderabad could be registered in the area of residence of the deceased in Goa on the ground that the dead body was cremated there?
A: As per provisions of section 7 (2) of the RBD Act, 1969 the event of births/deaths can be registered only at the place of occurrence. The event, which has taken in Hyderabad, should be registered with the concerned Registrar in whose jurisdiction the event has occurred. As such the event of death under reference could not be registered in Goa. In such cases , it is expected that the event of death might have been reported to the Registrar of births and deaths of the area where the death has occurred by the police officer in charge of Thana under Section 8 (1) (e) of the RBD Act, 1969.
Q:Is the nationality mentioned by the reporter will be taken as valid evidence in the Court of Law?
A: The registrar who is functionary under the registration of Births and Deaths Act, 1969 and is appointed by the State Government is obliged to make entries as per the form prescribed under the Rules, although strictly under section 7(2) of the Act, the information required to be entered in the register is confined to information relating to births and deaths only.
Q: In case of delayed reporting of institutional events, what procedure should be followed for registration of such events?
A: It may be seen from the RBD Act, 1969 that in respect of births and deaths in a hospital, health center, maternity or nursing home or other like institutions, responsibility of informing the events to the registrar lies on the Medical Officer or any person authorized by him in this behalf under section 8 (1) (b) . Therefore any delay in the reporting of institutional events the concerned officer in –charge of the hospital may be held responsible and all the formalities required under section 13 of the Act observed. Further, in such cases the officer concerned can be penalized in accordance with the provisions of section 23 and 24 of the Act.
Q: Whether the head of the household may be allowed to intimate to the local Registrar by post of the occurrence of vital events in the prescribed form?
A: There is no objection to the head of the household submitting particulars of occurrence of vital events to the Registrar by post so long as the particulars are as per the prescribed reporting forms 1, 2 and 3 depending upon whether it is live – birth, still birth or death respectively. In this regard, it has been suggested that in such cases, a note may be made in the remarks column of the registers to the effect that the registration is made on the basis of postal reporting and reporting forms 1, 2 & 3 as the case may be preserved as an integral part of the register.
Q: What procedure is to be followed for registering event of birth in respect of an abandoned child and whether the name of parent of such child could be entered in the relevant column?
A: Registration of birth of an abandoned child should be made in accordance with the procedure laid down in section 8 (1) (e) of the Act. Entries in the register of births relating to parents of such child should be either “un-known” or whatever the actual position. The names of adoptive parents should not be entered in place if natural parents (i.e. father and mother).
Q:What procedure for registration is to be followed in case of medico–legal cases of death occurred in hospitals?
A: In case of medico–legal cases, the hospital authorities/physicians should inform the Registrar concerned, details thereof for follow up action in obtaining required certificate from the police authorities. The object is that on receipt of the information the local Registrar could register the event of death without completing the column of cause of death, making a remark in the remarks column that the “inquest report is awaited”. The cause of death could be filled in later on receiving the inquest report.
Q: Whether a column regarding cause of death can be inserted in the death certificate issued by the Registrar in form No. 6?
A: As per RBD Act, 1969 the cause of death cannot be disclosed by the Registrar to any person seeking extract under section 17 of the Act and hence Form No. 6, does not include it.
Q:Whether the age of the diseased is to be shown in death certificate.
A: It is not desirable to record the age of the diseased in the death certificate. (Form no.6). The column for age in the death register has been provided mainly for statistical purposes. If any person wants to establish the age of the diseased for any purpose he has to produce the deceased’s birth certificate or any other secondary evidentiary proof relating to the age of the diseased.
Q:Whether a Still Birth Certificate could be issued under the provisions of Act and the State Rules?
A: According to section 2(1) (a) of the Act, word/term “birth” means live birth or still birth. As such, extract from still birth register (form no 9) could be issued in form no.5 with an appropriate changes in the wording in that form such as information has been taken from the original records of still birth date of still birth and place of still birth instead of word “birth” given in that form.
Q: Whether birth or death extracts could be issued in the language, other than the language in which the relevant register is maintained?
A: Extracts from the register of birth and death should be issued in the language in which the entries are made in the register. However, there is no objection, if the registrar also issues separately a copy of such extracts in other language. But such copy should be marked at top “Translated Version”.
Q: Whether the Registrar is liable to pay late fee in cases of any delay on his part in registering an event under section 13(1) and 13(2) of the Act?
A: Section 13(2) is attracted when the information required as per section 8 or section 9 of the Act is furnished after thirty days but within one year of the date of occurrence of the event. However, section 13(3) is attracted when an event has not been registered within one year of occurrence. Section 13 only speaks of payment of late fee under relevant sub-sections by the party concerned. There is no provision for payment of late fee by the registrar for any delay on his part in registering an event. However, the Registrar can be penalized for any undue delay on his part in registering an event. Section 23(2) provides that any Registrar or Sub-Registrar who neglects or refuses without reasonable cause, to register any birth or death occurring in his jurisdiction or to submit any return as required by sub-section (1) of section 19 of the Act, shall be punishable with fine which may extend to Rs.50.
Q: Whether there is any time limit prescribed for delayed registration of births & deaths under section 13(3) of the Act?
A: Under the provisions of section 13(3) of the Act, as it exists at present, there is no time bar on delayed registration of such events.
Q: Whether the column relating to the name of the child registered before 1-7-1970 (i.e. before the date of implementation of the Registration of Births & Deaths Act, 1969) can be filled in or not?
A: By virtue of provision under section 31(2) of the Registration of Births & Deaths Act, 1969, the entries made in respect of births & deaths under the repealed law would, therefore, be deemed to have been made under the provisions of this Act and continue in force until superseded by anything done or any action taken under this Act.
Q: Whether all corrections of other nature are to be made in the same manner as the correction of date of birth and the same procedure shall apply for the supply of certified copies?
A: Rule 11of Registration of Births and Deaths Rules, 2000 provides for uniform rule which applies to all types of corrections including date of birth and supply of certified copy. Registration of Births and Deaths Rules, 2000 requires convincing proof by the Registrar and provides for elaborate procedure for effecting corrections under section 15 of the Act.
Q: Whether expansion of name by adding father’s and mother’s name by way of correction in the registration records is covered under section 15 of the RBD Act, 1969?
A: The provisions of section 15 of the Act are not attracted in such cases as these involve a change of name.
Q:Whether expansion of initial before name is possible under section 15 of the RBD Act, 1969.
A: If the Registrar feels that the earlier writing of short name (initials) was erroneous in form or substance, he may correct the same.
Q: Whether the changes made in the name of father/mother through Gazette notification or otherwise subsequent to the date of registration of birth of child, could be incorporated in the birth register?
A: As such changes in the name are not covered under section 15 of the Act, these need not be incorporated in the birth register.
Q: Whether correction in the entry relating to name and sex in birth register could be made on the basis of a certificate from the surgeon performing such corrective operation.
A: The entries relating to name and sex of such child may be allowed if the surgeon performing corrective operation certifies the sex of the child.
Q:Whether a person can apply for a search only or he has to apply for search as well as grant of extra at the same time ?
A: Under the rules made by the state Government, under section 17 of the Act, separate provisions together with fees therefore exists for causing the search of the event and for giving extracts from the register relating to a birth or death. In view of aforesaid position, it would be possible for a person to apply only causing a search for any entry in the register and he need not apply for both searching and obtaining extract. He can be informed regarding the existence of the event in the register.
Q: Whether the Chief Registrar or his nominee can inspect the work of registration under section 4(4) of the Act as section 18 of the Act provides that the registration offices shall be inspected and registers kept therein shall be examined in such a manner and by such authority as may be specified by the District Registrar?
A: The Registrar will have to work under the control and supervision of the District Registrar and the District Registrar will have to work under the control and supervision of the Chief Registrar. Under section 4(4), the Chief Registrar shall either by issue of suitable instructions or otherwise, take steps to co-ordinate, unify or supervise the work of registration in the state. The word “Supervision” will include inspection. The dictionary meaning of word “Supervision” is to direct or watch with authority the work or proceedings or progress of anything. Inspection means to look closely into, to examine officially etc. Unless the person has the right to examine or look closely he cannot direct or watch with authority. Therefore, the authority of the Chief Registrar or his nominee to inspect the work of registration is implied within his authority to supervise under section 4(4). This further finds support in sub-section (2) of section 6 of the Act under which the District Registrar has to act subject to the direction of the Chief Registrar and to carry into execution the orders of the Chief Registrar. Section 18 provides for internal inspection of the registration offices within the jurisdiction of the District Registrar, but that does not take away the right of the Chief Registrar under section 4(4) to supervise the registration work throughout the state which by implication includes inspection of any registration office in any district in state.
Q: What is the correct procedure to be followed to make entry in the birth register in case “A” objects to his name: being entered in the birth register as father of a child born to his wife “B” on the ground that they are no longer living together and the conception took place outside conjugal life. The name of ‘A’ as father of child has been giving by ‘B’. What is the correct procedure to be followed in similar cases and especially in the present case?
A: Since the birth has occurred to a parent who is legally married and in absence of separation decree, ‘A’ cannot refuse himself to be the father of the child on the contention that conception took place outside their conjugal life. As information is being given by ‘B’ and the record is only an evidence of birth, objection of ‘A’ may not be entertained.
Q: Under sub – section (5) of section 7, the Registrar may appoint Sub – Registrar and assign to them any or all of his powers and duties. Would there be any consistencies with the Act if a rule is made or directive issued from the Registrar General, India, under section 3 (3) to the effect that the powers of the Registrar conferred under section 12 and 15 should not be assigned to the Sub – Registrar?
A: Any such rule or directive by the Registrar General, India, under section 3 (3) of the Act, would not be consistent with the provisions of section 7 (5). Perhaps, the Chief Registrar may, while approving the appointment of Sub – Registrars under section 7 (5), instruct the Registrar not to delegate functions to Sub – Registrars.
Q: The Persons eligible for reporting births and deaths for registration of events have been specified in section 8 of the Act. But it is not possible to know from the name of the informant mentioned in form 1,2 or 3 whether he is eligible to report the event or not. Since the registration of the events is legalized, will it not be proper to add one column in forms 1, 2, 3, as well as in 7, 8, and 9 for indicating the relationship?
A: In respect of domiciliary event, a person specified in section 8 can also arrange to give the information through some other person, who need not be related to the new born or deceased as the case may be.
Q:Exact date of death is not known: A police officer has forwarded a death report along with the inquest report for the registration of the death of a person. But, in the death report the date of death in noted as between ‘9.6.1975 and 14. 6.1975’. Since exact date of death is not known as the deceased was missing from 9.6.1975 onwards and dead body was found only on 14.6.1975. The inquest report was signed by the police officer on 14.6.1975. In the circumstances, whether it will be sufficient to note the date of death in the register as between 9.6.1975 and 14.6.1975 since no body can correctly say the actual date of death?
A: It is likely that the case of death was subjected to a detailed investigation and in such cases, normally post – mortem medical examination of the body is done. The post-mortem report may in that case indicate a more precise probable date of death and actual date of death.
Q: A ship with all persons aboard was drowned in the mid-sea so that no one could be expected to report the matter at the next place of halt. In the situation it seems necessary that the registration of deaths should be done on the basis of the letter from the shipping Master, Ministry of shipping and Transport, Government Shipping Office, Bellard Estate, Bombay-1, addressed to the wife of deceased and which has been produced as an evidence by the applicant. However, it seems from the said letter that the deceased was a resident of Junagadh district. In view of this it is not clear as to how the applicant seeks the death to be registered in Diu?
A: The provision of the Act and the rule made there-under do not squarely provide for a situation where even the in-Charge of the ship along with the seamen and other people on board have been drowned leaving behind nobody to report about the incident. Rule 6 speaks of the person in-Charge of the ship to give information under sub-section (1) of section 8 at the first place of halt. There was no in-charge of the ship left behind in the instant case. On the basis of the information conveyed by the shipping master, Ministry of shipping and Transport, Government Shipping Office, Bellard Estate, Bombay-1, received by the wife of the deceased, the information of such death could only be given by the wife of the deceased or his heirs which should be regarded proper. Although such information according to sub-section (1) of section 8 should be given to the local registrar of the area of the state, however, if the delegation of such power is being made by the Central Government in favour of another authority, registration could possibly be done by him also. But such registration should normally be done at the place of which the deceased was resident. In view of this, in such situation where the ship itself seems to have drowned in mid-sea the next of the kin of the deseeded could alone be expected to report the event of death and the same should be regarded as proper. Registration of such case may be done at the place of which the deceased was normal resident.
Q: Whether the reports of deaths furnished by the Director General, of shipping, Bombay are to be passed on to the local registrar or only copies of such reports are to be sent to Registrars for registering the events while retaining the original reports for preserving them as permanent record in chief registrar’s office?
A: Certified copies (in original) of death report received from Director General, shipping may be sent to the concerned local Registrars. This will help the Registrar to retain the report as integral part of the register. The Chief Registrar’s office need only keep a record of the receipt of such report and forwarding of the same to the concerned Registrars.
Q: Certain institutions send the birth or death reports on the last day of the reporting period and naturally the Registrar finds it difficult to register all the events on the same day. If the next day or next few days are holidays, registration is further delayed. Whether payment of late fee is involved in such case?
A: The question of late fee does not arise in this case as the events have been reported within the prescribed period. The registration can be done on the next working day after the holiday.
Q:whether the officer who conducts the inquest shall give the information to the concerned Registrar: According to rule 6(2) of Registration of Births and Deaths Rules, 2000 in the case of deaths not falling under clauses (a) to (e) of sub – section (1) of section 8 in which and inquest in held , the officer who conducts the inquest shall give the information to the concerned Registrar. The doubt is now raised in respect of a suicide committed in a house. Though the officer who has conducted the inquest has been asked to report the event, he has replied that in view of the rule 6(2) and because the event has happened in house it is to be reported by the person mentioned in section 8(1)(a) and not by him. Please provide necessary clarification.
A: In the case, it is the duty of the head of the household to report the death. Rule 6(2) of the Registration of Births and Deaths Rules 2000 is not applicable here. However, the officer who has conducted the inquest can be asked to notify the death, under section 10(1)(iii) of Act, to registrar,
Q: As per section 12 a Registrar shall, as soon as the registration of a birth or death has been completed, give free of charge, to the person who gives information under section 8 or 9 an extract of the prescribed particulars under his hand from the register relating to births or deaths. In the case of birth and death which occurred in medical institutions, the Medical Officers in-charge, are the informants. Now certain registrars have raised a doubt whether it is necessary to issue extract to such Medical Officers.
A: The section 12 of the RBD Act, 1969 reads as “The Registrars shall as soon as the registration of births and deaths has been completed, give free of charge, to the person who gives information under section 8 or section 9 and extracts of the prescribed particulars under his hand from the register relating to such birth or death”. As the Medical Officer In-charge is the informant under section 8 (1) (b) in case of institutional events, extracts should be issued to him who will transmit them to the parents or relatives of the new born or the deceased as the case may be.
Q: Section 12 provides that registrar shall give free of charge, to the person who gives information under section 8 or section 9 an extract of the prescribed particulars from the register relating to such birth or death. Whether extract can be given free of charge to the person in case of delayed registration under section 13?
A: Section 12 of RBD Act, 1969 contemplates giving of extracts free of charge to the person giving information under section 8 or section 9 thereof. The provisions of the section are, therefore, not applicable in relation to the section 13. The extracts of charge therefore, cannot be given to the persons giving information to the Registrar under section 13 of the Act.
Q: As per section 13(1) of the RBD Act 1969, registration of events after the expiry of specified period is possible on payment of prescribed late fee. It has been reported from certain parts of the country that due to public disturbances and imposition of curfew etc. or in similar other situation births and deaths could not be registered within the specified time limit. In some cases the events could not be registered for more than two months. Whether payment of late fee under section 13(1) of the Act and corresponding states rules can be waived by the state Govt. in such situation? Whether the power of waiving can be exercised by the authority of the state Govt. itself?
A: It may be seen that the substantive provision in section 13 speaks of “payment” of such late fees as may be prescribed. There is no provision either in this section or anywhere in the Act which provides for any exemption from payment of late fee. The section 30 authorizes the state Govts. to make rules with approval of the Central Govt. and clause (1) of sub-section (2) of this section provides for making rules for the fees payable for registration made under section 13. Thus it is seen that legislative intent as incorporated in the section 13(1) of the Act is that late fees shall be payable in case of delayed information but the quantum of fee only can be prescribed by rules made by the state Govts. in exercise of powers under section 30 of the Act. The Act does not provide for waving of late fee under any circumstances in case the information is delayed beyond the period specified for the purpose. Next point is whether a provision for exemption can be made in the rules. The law is settled on the point that subordinate legislation shall remain within the scope of the Act wide Chaman Lal Vs. State of U.P. (AIR 1955 S.C. 435) the subordinate legislation can not be beyond the statute vide state of Assam Vs. Kidwai reported in (1957) S.C.R. 295 (317). In the instant case neither Act provides for any exemption nor does it authorize making of rules which may provide for exemption. Where statue provides for payment of fee in a particular matter the provision for exemption from payment of such fee becomes an essential legislative function. It cannot be delegated unless the statue lays down the policy and specifies the class or classes of cases in which, and circumstances under which exemption may be granted. Since there is no such provision in the statue in the instant case, provision for exemption cannot be made in the rules. The authority to make rules to carry out the purposes of the Act as mentioned in section 30(1) does not extend to the making of rules for the purposes not envisaged under the Act, not authorized by the Act. In the present circumstances as the law stands at present there is no scope for exercising any power of exemption either by any state Govt. or by the Central Govt.