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The procedure to register birth is different in every state. It also depends on the time between the date of  birth and date of registration application. If the time gap between the date of birth and date of registration application then it is little hard to get it done.

In this post I will be explaining

  • Different Scenarios for registration.
  • Who is required to register birth.
  • Who is the registering authority?
  • The procedure to register birth after one year of its occurrence.

Persons required to register the Birth/Death

Persons required to register the births and deaths within the prescribed period of 21 (twenty one) days from the date of birth/still birth/death as the case may be, are as shown below.

  • In respect of births and deaths in a house, the head of the house/household, and if he is not present at any time during the period within which the birth/death has to be reported, then the nearest relative present in the house or the oldest adult male person present in the house during the said period;
  • In respect of births/deaths in a hospital or health center or maternity or nursing home or other like institutions, the medical officer in charge or any person authorised by him on his behalf;
  • In respect of births and deaths in a jail, the jailor in charge;
  • In respect of births/deaths in a choultry, chattram, hostel, dharamshala, boarding-house, lodging-house, tavern, barrack, toddy shop or place of public resort, the person in charge there of;
  • In respect of any new-born child or dead body found deserted in a public place, the headman or the corresponding officer of the village in the case of a village, the officer in charge of the local police station elsewhere;
  • In any other place, such a person as may be prescribed

Extracts of birth/death registration :

  • The extracts of the particulars from the register relating to births or deaths are to be given to an informant, as noted above, within thirty days from the date of reporting. If the informant fails to collect the extracts of the registration of birth/death, then the registrar would transmit the same to the concerned family by post within fifteen days of the expiry of the thirty-day period.

Fee

  • Any birth/death of which information is given to the Registrar after the expiry of 21 days from the date of occurrence but within 30 days of the same, shall be registered on payment of a late fee of Rs.2/- (Rupees Two only).
  • Any birth/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 Tahsildar/Commissioner/Chief officer as the case may be, on payment of a late fee of Rs.5/- (Rupees Five only).
  • 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, on payment of a late fee of Rs.10/- (Rupees Ten only).

Registration of Name of child

  • Registration of birth can be done without the name of the child. A provision has been made in the State rules enabling the Registrar to enter the name of the child in the register in respect of the birth already registered by him after getting information from the parent/guardian of such a child within a period of one year from the date of registration. The name of the child can be entered even after one year but within 15 years from the date or registration, on payment of a prescribed late fee of Rs.5/-.

Registration of Births/Deaths of Indian citizens outside India

  • The Indian Consulates register the births and deaths of Indian citizens occurring outside India as per the provisions made in the Citizens Rules 1956 under the Citizenship Act 1955 and issue birth and death certificates. The certificate issued by the Indian Consulates is valid and holds good for all purposes. Also Indian citizens have been allowed to register the births of their children at the place of their usual residence within 60 days of their return to India, if they return with a view to settling here.

Registration of Deaths of missing persons

  • For registration of deaths, information on date of death and place of death of a person is required. However, in case of a missing person, his/her death is presumptive where the actual date of death and place of death cannot be ascertained. Ordinarily, a person unheard of for the statutory period shall be presumed to be dead on expiry of 7 years and not earlier. The presumption of death and its date and place of occurrence is a matter of burden of proof. The date and place of death of a person who is missing for more than 7 years is determined by the competent court/authority on the basis of oral and documentary evidence produced before it in this regard. Since the Registration of Birth and Death Act and Rules is silent on the question of determination of date and place of death of a missing person, the date and place determined by the court in a declaratory suit as may be filed for this purpose can be relied upon.

Registration of Births on Adoption

  • The matter of registration of the birth of a child taken on adoption and issuance of certificate thereof may be referred as per the guidelines issued by the Government in this regard.

Corrections and Cancellations

The Registrar can correct or cancel any entry in the register which is erroneous in form, or subject to the provisions of these rules. The errors may be of different types like

  • Clerical or formal error : In this case , the Registrar must inquire into the matter and satisfy herself/himself that such an error has been made and send an extract of the copy of the correction to the Tahsildar/Commissioner/Chief Officer as the case may be.
  • Error in substance : In this case, the Registrar can correct the entry upon production of a declaration setting forth the nature of error and the true facts of the case, made by two credible persons having knowledge of the facts of the cases. All the corrections should be reported along with the necessary details to the Tahsildar/Commissioner/Chief officer as the case may be.
  • Fraudulent or improper entry : This is an offense punishable under the Act. Therefore, the Registrar must report to the Additional District Registrar, who is the prosecuting officer, and take necessary action on hearing from him.

Read Issuance of certificate on next page……


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