WHO IS THE PERSON REQUIRED TO REGISTER BIRTH AND DEATH?
(1) It shall be the duty of the persons specified below to give or cause to be given, either orally or in writing, according to the best of their knowledge and belief, within such time as may be prescribed, information to the Registrar of the several particulars required to be entered in the forms prescribed by the state Government under sub-section (1) of S. 16.
(a) in respect of births and deaths in a house, whether residential or non-residential, not being any place referred to in clauses(b) to (e), the head of the house or, in case more than one household live in the house, the head of the house or the household, the head being the person, who is so recognized by the house or the household, and if he is not present in the house at any time during the period within which the birth or death has to be reported the nearest relative of the head present in the house, and in the absence of any such person, the oldest adult male person present therein during the said period.
(b) In respect of births and deaths in a hospital, health centre, maternity or nursing home or other like institution, the medical officer in charge or any person authorized by him in his behalf,
(c) In respect of births and deaths in a jailor in charge,
(d) In respect of births and deaths in a choultry, chattram, hostel, dharmasala, boarding-house, lodging house, tavern, barrack, toddy shop or place of public resort, the person in charge thereof,
(e) In respect of any new-born child or dead body found deserted in public place, the headman or other corresponding officer of the village in the case of a village or the officer in charge of the local policesation elsewhere
Provided that any person who finds such child or dead body, or in whose charge such child or dead body may be placed, shall notify such fact to the headman or officer aforesaid.
11
∗(f) in any other place, such person as may be prescribed.
*(2) Notwithstanding anything contained in sub-section (1) the State Government, having regard to the conditions obtaining in a registration division, may by order require that for such period as may be specified in the order, any person specified by the State Government by designation in this behalf, shall give or cause to be given information regarding births and deaths in a referred to in clause (a) of sub-section(1) instead of the person specified in that clause.
HOW DELAY REGISTRATION DONE ?
(1) any birth or death of which information is given to the Registrar after the expiry of the period specified therefore but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed.
(2) Any births or deaths which delayed 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 prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorized in this behalf by the State Government.
(3) Any birth or death which has not been registered within one year of its occurrence shall be registered only on an order made by a magistrate of the first class or Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee.
(4) The provision of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death with in the time specified therefore and any such birth or death may be registered during the pendency of any such action.
HOW BIRTH AND DEATH OUTSIDE INDIA IS REGISTERED ?
(1) The Registrar-General shall, subject to such rules as may be made by the central Government in this behalf, cause to be registered information as to births and deaths of citizens of India outside India received by him under relating to the registration of such citizens at Indian Consulates made under the citizenship Act, 1955(57 of 1955), and every such registration shall also be deemed to have been duly made under this Act.
(2) In the case of my child born outside India in respect of whom information has not been received as provided in sub-section (1), if there parents of the child return to India with a view to setting therein, they may, at any time within sixty days from the date of the arrival of the child in India, get the birth of the child registered under this Act in the same manner as if the child was born in India and the provisions of S. 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.
WHAT ARE THE PENALTIES UNDER THIS ACT ?
Penalities.(1) any person who-
(a) Fails without reasonable cause to give any information which it is his duty to give under any of the provisions of Ss.8 and 9,or
(b) Givers or causes to be given, for the purposes of being inserted in any register of births and deaths any information which he knows or believes to be false regarding any of the particulars required to be known and registered ,or
15
(c) Refuses to write his name, description and place of abode or to put his thumb mark in the register as required by S. 11, shall be punishable with fine which may extend to fifty rupees.
(2) 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 returns as required by sub-section (1) of s. 19 shall be punishable with fine which may extend to fifty rupees.
(3) any medical practitioner who neglects or refuses to issue certificate under sub-section (3) of S. 10 and any [person who neglects or refuses to deliver such certificate shall be punishable with fine which may extend to Fifty rupees..
(4) Any person, without reasonable cause, contravenes any provision of this Act for the contravention of which no penalty is provided for in this section shall be punishable with fine extend to ten rupees.
(5)-Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence under this section shall be tried summarily by a magistrate.
