West Bengal Registration of Births and Deaths Rules, 2000

Government of West Bengal
Department of Health and Family Welfare

No. H/PW/779/A-7/2000, Dated: 30.09.2000

NOTIFICATION

In exercise of the power confirmed by section 30 of the Registration of Births and Deaths Act, 1969, (18 of 1969) and in suppression of all previous notifications on the subject, the Governor is pleased hereby to make with the approval of the Central Government, the following rules:

1. Short title

(1) These rules may be called the West Bengal Registration of Births and Deaths Rules, 2000.

(2) They extend to the whole of West Bengal.

(3) They shall come into force at once.

2. Definitions

In these rules, unless the context otherwise requires.

(a) the’ Act’ means the Registration of Births and Deaths Act, 1969 (18 of 1969).

(b) ‘Form’ means a form appended to these rules.

3. Period of gestation

The period of gestation for the purposes of clause (g) of sub-section (1) of section 2 shall be twenty-eight weeks.

4. Submission of report under section 4(4)

The report under sub-section (4) of section 4 shall be prepared in the prescribed format 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-1, Form-2 and Form-3 for the registration of births, death and still birth respectively, hereinafter to be collectively 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 containing legal information shall be called the ‘Legal Part’ and the part containing statistical information shall be called the ‘Statistical Part’.

(3) The information referred to in sub-rule (1) shall be given within twenty-one days from the date of birth, death and still birth.

6. Birth or death in a vehicle

(1) In respect of any birth or death in a moving vehicle, the person in-charge of the vehicle shall given or cause to be given the information under sub-section (1) of section 8 at the first place of halt.

Explanation. – For the purposes of this rule the term ‘vehicle’ shall mean conveyance of any kind used on fund, air or water and include an aircraft, boat, ship, railway carriage, motor car, motor-cycle, curt, tonga or rickshaw.

(2) In the case of deaths [not coming 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. Appointment of Registrars

The Registrars of births and deaths for a defined area shall be appointed by –

(1) The District Registrar in rural area.

(2) Municipal Commissioner/Commissioner/Chief Executive Officer of a Municipal Corporation.

(3) Chairman/Executive Officer/Administrator of a Municipality.

(4) Executive Officer/Chairman of a Cantonment or Notified Area.

8. 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/ Sub-Registrar shall after making necessary entries in the register of deaths forward all such certificates to the Deputy Chief Registrar by the 10th of the month immediately following the month to which the certificates relate.

9. 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 5 or Form 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/ Sub-Registrar of Births and Deaths, the head of the house or household, as the case may be, or, in his/her absence, the nearest relative of the head present in the house may collect the extracts of birth or death from the Registrar/ Sub-Registrar within thirty days of its reporting.

(3) In the case of domiciliary events of births and deaths referred to in clause (a) of subsection (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/ Sub-Registrar of Births and Deaths to the concerned head of the house or household, as the case may be, or, in his/her absence, the nearest relative of the head present in the house within thirty days of its issue by the Registrar/ Sub-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 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/ Sub-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.

10. 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 rupees two:

Provided that-where a Sub-Registrar is appointed for the purpose, he shall register such events with the permission of the Registrar.

(2) Any birth or death of which information is given to the Registrar/ Sub-Registrar after thirty days but within one year of its occurrence, shall be registered only with the written permission of

(a) the District Registrar or the Additional District Registrar in rural area.

(b) The Chief Municipal Health Officer/Administrator/Chief Executive Officer of a Municipal Corporation.

(d) The Chairman /Executive Officer of a cantonment or notified area-as the case may be, and on payment of a late fee of rupees five, and production of an affidavit made before a Notary Public or a First Class Magistrate.

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

11. Period for the purpose of section 14 – Registration of the name of a child

(1) Where the birth of any child had been registered without a name, the parent or guardian of such child shall within 12 months from the date of registration of the birth of child give information regarding the name of the child to the Registrar/ Sub-Registrar either orally or in writing and thereupon the Registrar/ Sub-Registrar shall enter such name with initial and date of entry:

Provided that if the information is given after the aforesaid period of 12 months, the Registrar /Sub- Registrar shall,

(a) if the register is in his/her possession, forthwith enter the name in the relevant column of the concerned form in the birth register on payment of a late fee of rupees five, or

(b) if the register is not in his/her 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 :

(i) District Registrar in a Rural area.

(ii) Chief Municipal Health Officer/Administrative Officer of a Municipal Corporation.

(iii) Chairman/Administrative Officer/Executive Officer of a Municipality.

(iv) Executive Officer/Chairman of a cantonment or notified area, as the case may be 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/ Sub Registrar the copy of the extract given to him/her under section 12 or a certified extract issued to him/ her under section 17 and on such presentation, the Registrar/ Sub-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).

12. Correction or cancellation of entry in the registers of births and deaths

(1) If it is reported to the Registrar/ Sub-Registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him/her and if the register is in his/ her possession, the Registrar/Sub-Registrar shall enquire into the matter and if he/she is satisfied that any such error has been made, he/ she shall correct the error (by correcting or canceling 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 concerned-

(a) District Registrar in rural area,

(b) Chief Municipal Health Officer/Administrative Officer of a Municipal Corporation.

(d) Chairman/Executive Officer of a cantonment or notified area, as the case may be.

(2) In the case referred to in sub-rule (1) if the register is not in his/her possession, the Registrar/Sub-Registrar shall made a report to the concerned-

(a) District Registrar in rural area.

(b) Administrative Officer/Chief Municipal Health Officer of a Municipal Corporation.

(d) Chairman/Executive Officer of a cantonment or notified area, as the case maybe.

and shall call for the relevant register and after enquiring into the matter, if he/she is satisfied that any such error has been made, shall make the necessary correction.

(3) Any correction as mentioned in sub-rule (2) shall be countersigned by the concerned

(a) District Registrar in rural area,

(b) Administrative Officer/Chief Municipal Health Officer of a Municipal Corporation.

(d) Chairman/Executive Officer of a cantonment or notified area, as the case may be. immediately after 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/Sub-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 the facts of the case made by two credible persons having knowledge

(5) Not withstanding anything contained in sub-rule (1) and sub-rule (4), the Registrar/ Sub – Registrar shall made report of any correction of the kind, referred to therein giving

(a) District Registrar in rural area,

(b) Chief Municipal Health Officer/ Administrative Officer of a Municipal Corporation.

(d) Chairman/Executive Officer of a Cantonment or notified area, as the case may be,

(6) If it is proved to the satisfaction of the Registrar/ Sub-Registrar that any entry in the register of births and deaths has been fraudulently or improperly made, he /she shall make a report giving necessary details to the-

(a) District Registrar in rural area,

(b) Chief Municipal Health Officer/ Administrative Officer of a Municipal Corporation.

(d) Chairman/Executive Officer of a cantonment or notified area, as the case may be, and on hearing from him/her shall take necessary action in the matter.

13. Form of register under section 16

The part of Form 1, 2 & 3 for legal information shall constitute the birth register, death register and still birth register (Form 7, 8 and 9) respectively.

14. Fees and postal charges payable under section 17

Search of births and deaths registers.

(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 follows:

(a) Search for a single entry in the first year for which the search is made – Rs. 2.00

(b) for every additional year for which the search is continued – Rs. 2.00

(d) for granting non availability certificate or birth or death – Rs. 2.00

(2) Any such extract in regard to any birth or death shall be issued by the Registrar/ Sub Registrar or the District Registrar of the district in rural area, Chief Municipal Health Officer/Administrative Officer of a Municipal Corporation and Chairman/ Executive Officer Administrative Officer of Municipality; Executive Officer/ Chairman of a cantonment or notified area in Form 5 or 6,as the case may be,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 /Sub-Registrar shall issue a non-availability certificate in Form 10.

(4) Any such extracts or non-availability certificate may be furnished to the person asking for it or sent to him/her by post on payment of the postal charges therefore.

15. Interval and forms of periodical returns under section 19(1)

(1) Every Registrar/ Sub 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 11 for births, Form 12 for deaths and Form 13 for still births to the Deputy Chief Registrar of Births and Deaths and Director, State Bureau of Health Intelligence, West Bengal, on or before the 5th of the following month.

(2) The Deputy Chief Registrar shall forward all such statistical parts of reporting Forms received by him/her to the Chief Registrar not later than the 10th of that month.

16. Statistical report under section 19(2)

The statistical report under sub-section (2) of section 19 shall contain the tables in the 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.

17. 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 (a) the District Registrar in rural area, (b) Municipal Commissioners/ Administrative Officer of a Municipal Corporation (c) Chairman/ Executive Officer of a Municipality or cantonment or notified area as the case may be, (hereinafter referred to as the said officer) if the said officer 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 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.

18. Registers and other records under section 30(2)(k)

(1) The birth register, the death register and the still birth register shall be the 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, the death register and the still birth register and shall not be destroyed.

(3) The certificate as to the cause of death furnished under sub-section (3) of section 10 shall be retained for a period of at least 5 years by the Deputy Chief Registrar of Births and Deaths.

(4) Every birth register, death register and still birth register shall be retained by the Registrar/Sub-Registrar in his/her office for a period of twelve months after the end of the calendar year to which it relates and such register shall thereafter be transferred for safe custody to the-

(a) District Registrar in rural area,

(b) Municipal Commissioner/Chief Municipal Health Officer/ Administrative Officer of a Municipal Corporation,

(d) Executive Officer/Chairman of a cantonment or notified area, as the case may be.

Addendum: Appointment of officials to act as Addl. District Registrar of Births and Deaths

Amendment: To issue compulsory Medical Certification of Cause of Death

Amendment: Rule 10(1) and 10(2) of West Bengal Registration of Births and Deaths Rules, 2000 regarding Collection and Deposition of Fees, Postal Charges and Fines.

Amendment: West Bengal Registration of Births and Deaths (Amendment) Rules, 2006

West Bengal Registration of Births and Deaths Rules, 2000 with all amendents