Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Gujarat Registration Of Births And Deaths Rules, 2004 CONTENTS 1. Short title 2. Definitions 3. Period of gestation 4. Submission of report under sub-section (4) of section 4 5. Information of births and deaths 6. Birth or death in a vehicle 7. Form of Medical Certificate of cause of death under sub-section (3) of section 10 of the Act 8. Extracts of registration entries to be given under section 12 9. Authority for delayed registration and fee payable therefore 10. Period for delayed registration of name of child section 14 11. Correction or cancellation of entry in the register of births and deaths 12. Form of register under section 16 1 3 . Fees and postal charges payable under sub-section (1) of section 17 14. Interval and forms of periodical returns under sub-section (1) of section 19 15. Statistical report under sub-section (2) of section 19 16. Conditions for compounding offenses 17. Registers and other records under clause K of sub-section (2) of section 30 of the Act Gujarat Registration Of Births And Deaths Rules, 2004 1. Short title :- (1) These rules may be called the Gujarat Registration of Births and Deaths Rules, 2004. (2) They shall come into force with effect from 2004 through notification in the Official Gazette. 2. Definitions :- In these rules, unless the context otherwise requires, (a) "Act" means The Registration of Births and Deaths Act, 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 of the Act shall be twenty-eight weeks. 4. Submission of report under sub-section (4) of section 4 :- The report under sub-section (4) of section 4 of the Act shall be prepared in the prescribed form appended to these rules and shall b e submitted alongwith the statistical report referred to in sub- section (2) of section 19 of the Act, to the State Government by the Chief Registrar for every year by the 31st July of the following year to which the report relates. 5. Information of births and deaths :- (1) The information required to be given to the registrar under section 8 or section 9 of the Act, 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, 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 or 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. 2 (3) The information sreferred 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 a birth or death in a moving vehicle, the person incharge of the vehicle shall give or cause to be given the information under sub-section (1) of section 8 of the Act 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) of the Act 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 of the Act. 7. Form of Medical Certificate of cause of death under sub- section (3) of section 10 of the Act :- The certificate as to the cause of death required under subsection (3) of section 10 of the Act, 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 extract of particulars from the register relating to births or deaths to be given to an informant under section 12 of the Act, 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 of the Act 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 event of births and deaths referred to in clause (a) of sub-section (1) of section 8 of the Act, which are reported by persons specified by the State Government under sub- section (2) of the said section of the 3 Act, 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 event of births and deaths referred to in clauses (b) to (e) of sub-section (1) of section 8 of the Act, the nearest relative of the new born or deceased may collect the extract from the officer or person incharge of the institutions 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) of this rule, within the period stipulated therein, the Registrar or the officer or person incharge 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 rupees 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 Municipal Commissioner for Municipal Corporation areas, District Registrar Births and Deaths and Chief District Health Officer or District Health Officer for Nagar Palika, Cantonment, Independent area and Industrial areas and for rural areas, The Taluka registrar of Births and Deaths and the Taluka Development Officer 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 Judicial Magistrate first class or City Magistrate and on payment of a late fee of rupees ten. 10. Period for delayed registration of name of child section 14 :- (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 either orally or in writing: Provided that if the information is given after the aforesaid period of 12 months but within period of 15 years, which shall be reckoned from the date of commencement of this rule. 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 rupees 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) of this rule. 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 error is otherwise noticed by him and if the register is in his possession, the Registrar shall inquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or canceling the entry) as provided in section 15 of the Act and shall send an extract of the entry showing the error and how it has been corrected to the District Registrar of Births and Deaths. (2) In the case referred to in sub rule (1) if the register is not in the possession the Registrar, he/she shall make a report to the District Registrar of Births and Deaths and call for the relevant register and after inquiring 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 sub rule 2 shall be countersigned by the District Registrar of Births and Deaths 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 of the Act 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 of the facts of the case. (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 District Registrar of Births and Deaths. (6) If it is proved to the satisfaction of the Registrar that any entry in the register of births and deaths has been made fraudulently or improperly, 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 of the Act and on hearing from him take necessary action in the matter. (7) In every case in which an entry is corrected or canceled 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 of the Act. 12. Form of register under section 16 :- (1) The register of births, deaths and still births to be maintained by the registrars under section 16 of the Act may either be in paper form or electronic form or both. Registers shall be in three parts containing the items as set out in Form Number 7, 8 and 9 respectively for births, deaths and still births and in each part of the register, the events shall be numbered serially for each calendar year. (2) The registers maintained in electronic form shall have the facilities for extraction of items of information, correction and cancellation, if needed. (3) A new register shall be opened on the first day of January of each year. (4) An event which occurred in any previous year shall be recorded in the register for the year in which it is reported. Provided that no entry shall be interpolated between two entries recorded earlier. 13. Fees and postal charges payable under sub-section (1) of section 17 :- The fees payable for a search to be made, an extract or a non- availability certificate to be issued under sub-section (1) of section 17, shall be as follow: (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 Government in this behalf in Form No.5 or in Form No.6 as the case may be and shall be certified in the manner provided for in section 76 of the Indian Evidence Act, 1872 (Act 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 therefor. 14. Interval and forms of periodical returns under sub- section (1) of section 19 :- (1) Every Registrar shall after completing the process of registration send all the statistical parts of the reporting forms relating to each month alongwith a summary monthly report in Form No.11 for births, Form No.12 for deaths and Form No.13 for still births to the Taluka Registrar of Births and Deaths on or before the 5th of the following month and Taluka Registrar shall send the reports alongwith the summary of taluka to the District Registrar on or before the 8th of the following month. The District Registrar shall send the consolidated statistical abstract to the Chief Registrar by 10th of following month. (2) All officers so specified including Municipal Corporations, Municipalities and independent areas shall forward all such statistical parts of the reporting forms received by him to the Chief Registrar not later than the 10th of the month in a manner as specified by the State Government in this behalf. 15. Statistical report under sub-section (2) of section 19 :- T h e statistical report under sub-section (2) of section 19 shall contain the tables in the prescribed list 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 5 months from that date. 16. Conditions for compounding offenses :- (1) Any offense punishable under section 23 of the Act 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 offense was committed through inadvertence or oversight or for the first time. 7 (2) Any such offense may be compounded on payment of such sum, not exceeding rupees fifty for offenses under sub-section (1), (2) and (3) and rupees ten for offenses under sub-section (4) of section 23 of the Act, as the said officer may think fit. 17. Registers and other records under clause K of sub- section (2) of section 30 of the Act :- (1) The birth register, death register and still birth register shall be records of permanent importance and shall not be destroyed. (2) The legal parts of the reporting forms number1, 2 and 3 prescribed in rule 5 received by the registrars under section 8 and 9 of the Act and the court orders and the orders of the specified authority granting permission for delayed registration under section 13 received by the registrars, shall form integral part of the register of births, deaths and still births and shall not be destroyed. Provided that in a case where the information so received has been entered in the said register by the registrar and such entry is signed or marked by the thumb impression by the informant in such register, the document relating to the information so received shall be preserved for a minimum period of 5 years. (3) The certificate as to the cause of death furnished under sub- section (3) of section 10 of the Act shall be retained for a period of atleast 5 years by the Chief Registrar or the respective registrar Births and Deaths of the concerned area. (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 registers shall thereafter be transferred for safe custody to the Taluka registrar of Births and Deaths and Taluka Development Officer for rural areas and the respective registrar births and deaths for urban areas.