WEST BENGAL REGISTRATION OF BIRTHS & DEATHS -STATE RULES 2000. / NOTIFICA TION No. HIPW 17791 A-7 /2000, Dated 30.9.2000 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. Definitions.-In these rules, unless the context otherwise requires. the' Act' means the Registration of Births and Deaths Act, 1969 (18 of 1969).(b) 'Form' means a Form appended to these rules (a) 'Section' means a section of the Act (c) 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. Submission of report under section 4(4).- The report lU1dersub-section (4) of section 4 shall be prepared in the prescribed fopnat 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 t9 which the report relates. 4 5, Form, etc. forgiving inf<:>rmatioriof births and deaths.-(l) The information required to be given to the Registrar under section 8 or section 9, as the case may be, shall be in Form-l, Form-2 and Form-3 for the registration of births, death and still birth respectively, hereinafter to be collectively called the reporfil:lg 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 forni.s containing legal information shall be called the 'Legal Part' and the part containing statistical information shall be called the 'Statistical Part' (3) The infonnation referred to in sub-rule (1) shall be given within twenty-one days from the date of birth, death and still birth. . Birth or death in a vehicle.-(I) In respect ~f 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. 6, 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.
Transcript
WEST BENGAL REGISTRATION OF BIRTHS & DEATHS
-STATE RULES 2000./
NOTIFICA TION
No. HIPW 17791 A-7 /2000, Dated 30.9.2000
In exercise of the power confirmed by section 30 of the Registration of Births and DeathsAct, 1969, (18 of 1969) and in suppression of all previous notifications on the subject, the Governoris 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 DeathsRules, 2000.
(2) They extend to the whole of West Bengal.
(3) They shall come into force at once.
Definitions.-In these rules, unless the context otherwise requires.
the' Act' means the Registration of Births and Deaths Act, 1969 (18 of 1969). (b) 'Form'means a Form appended to these rules
(a)
'Section' means a section of the Act(c)
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.
Submission of report under section 4(4).- The report lU1der sub-section (4) of section 4 shallbe prepared in the prescribed fopnat and shall be submitted along with the statistical reportreferred to in sub-section (2) of section 19, to the State Government by the Chief Registrarfor every year by the 31st July of the year following the year t9 which the report relates.
4
5, Form, etc. forgiving inf<:>rmatiori of births and deaths.-(l) The information required to begiven to the Registrar under section 8 or section 9, as the case may be, shall be in Form-l,Form-2 and Form-3 for the registration of births, death and still birth respectively, hereinafterto be collectively called the reporfil:lg forms. Information if given orally, shall be entered bythe Registrar in the appropriate reporting forms and the signature/thumb impression of theinformant obtained.
(2) The part of the reporting forni.s containing legal information shall be called the 'LegalPart' and the part containing statistical information shall be called the 'Statistical Part'
(3) The infonnation referred to in sub-rule (1) shall be given within twenty-one days fromthe date of birth, death and still birth. .
Birth or death in a vehicle.-(I) In respect ~f any birth or death in a moving vehicle, theperson 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.
6,
Explanation. -For the purposes of this rule the term 'vehicle' shall mean conveyanceof 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)
7.
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 begiven the information under sub-section (1) of section 8.
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.
Chairman/Executive Officer / Administrator of a Municipality .(3)
Executive Officer/Chairman of a Cantonment or Notified Area.(4)
Form of certificate under section 10(3).- The certificate as to the cause of death requiredunder 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 suchcertificates to the Deputy Chief Registrar by the lOth of the month immediately followingthe month to which the certificates relate.
8.
Extracts of registration entries to be given under section 12.-(1) The extracts of particularsfrom the register relating to births or deaths to be given to an informant under section 12shall be in Form 5 or Form 6, as the case may be.
9.
In the case of domiciliary events of births and deaths referred to in clause (a) of subsection (1) of section 8 which are reported direct to the Registrar/Sub-Registrar ofBirths and Deaths, the head of the house or household, as the case may be, or, inhis/her absence, the nearest relative of the head present in the house may collect theextracts of birth or death from the Registrar /Sub-Registrar within thirty days of itsreporting. .
(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 by persons specified by the State Governmentunder sub-section (2) of the said section, the person so specified shall transmit theextracts received from the Registrar /Sub-Registrar of Births and Deaths to the concernedhead of the house or household, as the case may be, or, in his/her absence, the nearestrelative of the head present in the house within thirty days of its issue by the Registrar /Sub- Registrar .
(3)
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 maycollect the extract from the officer or person in charge of the institution concernedwithin thirty days of the occurrence of the e~ent of birth or death.
(4)
(5) If the extract of birth or death is not collected by the concerned person as referred toin sub-rules (2) to (4) within the period stipulated therein, the Registrar/SubRegistraror 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 theexpiry of the aforesaid period.
Authority for delayed registration and fee payable therefore.-(l) Any birth or death ofwhich information is given to the Registrar after the expiry of the period specified in rule
10.
-
5, but within thirty days of its occurrence, shall be registered on payment of a late fee of rupeestwo:
Provided that-where a Sub-Registrar is appointed for the purpose, he shall register suchevents with the permission of the Registrar .
(2) Any birth or death of which information is given to the Registrar /Sub-Registrar afterthirty days but within one year of its occurrence, shall be registered only with thewritten 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.
The Chairman / Administrative Executive Officer / Officer of a Municipality .
The Chairman /Executive Officer of a cantonment or notified area-as the case may be,and on payment of alate fee of rupees five, and production of an affidavit made beforea Notary Public or a First Class Magistrate.
Any birth or death which has not been registered within one year of its occurrenceshall be registered only on an order of an Executive Magistrate and on payment of alate fee of rupees ten.
Period for the purpose of section 14- Registration of the name of a child.- (1) Where thebirth of any child had been registered without a name, the parent or guardian of such childshall within 12 months from the date of registration of the birth of child give informationregarding the name of the child to the Registrar / Sub-Registrar either orally or in writingand thereupon the Registrar / Sub-Registrar shall enter such name with initial and date of
entry:
(c)
(d)
(3)
11
Provided that if the information is given after the aforesaid period of 12 months, theRegistrar /Sub- Registrar shall,
(a)
(b)
if the register is in his/her possession, forthwith enter the name in the relevantcolumn of the concerned form in the birth register on payment of a late fee ofrupees five, or
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 inwriting 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 casemay be for making the necessary entry on payment of alate fee of rupeesfive.
(2) The parent or the guardian, as the case may be, shall also present to the Registrar / SubRegistrar the copy of the extract given to him/her under section 12 or a certified extract issuedto 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 ortake action as laid down .in clause (b) of the proviso to sub-rule (1).
Correction or cancellation of entry in the registers of births and deaths. -(I) If it is reportedto the Registrar / Sub-Registrar that a clerical or formal error has been made in the registeror if such error is otherwise noticed by hL-n/her and if the register is in his / her possession,the Registrar/Sub-Registrar shall enquire into the matter and ifhe/she is satisfied that anysuch error has been made, he / she shall correct the error {by correcting or canceling theentry) as provided in section 15 and shall send an extract of the entry showing the error andhow it has been corrected to the concemed-
12.
:a) District Registrar in rural area,
(b ) Chief Municipal Health Officer / Administrative Officer of a Municipal Corporation.
(c) Chairman/Executive Officer / Administrative Officer of a Municipality, or
(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, theRegistrar/Sub-Registrar shall made a report to the concerned-
(a) District Registrar in rural area,
,b) Admjnistrative Officer/Chief Municipal Health Officer of a Municipal Corporation.
(c) Chairman/Executive Officer, Administrative Officer of a Municipality, or
(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 satisfiedthat any such error has been made, shall make the necessary correction.
Any correction as mentioned in sub-rule (2) shall be countersigned by the concerned.(3)
District Registrar in rural area,(a)
(b)
(c)
Administra tive Officer / Chief Municipal Health Officer of a Municipal Corporation.
Chairman/Executive Officer /Municipal Health Officer / Administrative Officer of a
Municipality ,
(d) Chairman/Executive Officer of a cantonment or notified area, as the case may be.immediately after the register is received from the Registrar.
If any person asserts that any entry in the register of births and deaths is erroneous insubstance, the Registrar/Sub-Registrar may correct the entry in the manner prescribedunder section 15 upon production by that person a declaration setting forth the natureof the error and the facts of the case made by two credible persons having knowledgeof the facts of the case.
:4)
(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 givingnecessary details to the concerned.
(a) District Registrar in rural area,
C'-
(b) Chief Mlmicipal Health Officer / Administrative Officer of a Mlmicipal Corporation.
(c) Chairman/Executive Officer / Administrative Officer of a MUIlicipality I
(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 theregister of births and deaths has been fraudulently or improperly made, he / she shallmake a report giving necessary details to the-
(a) District Registrar in rural area,
(b)
(c)
(d)
Chief Mlmicipal Health Officer / Administrative Officer of a Municipal Corporation.
Chairman/Executive Officer / Administrative Officer of a Municipality .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 shallconstitute 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 certificateto be issued, under section 17, shall be as follows :
(a)
Rs. 2.00
Search for a single entry in the firstyear for which the search is made
for every additional year for whichthe search is continued Rs. 2.00
(c) for granting extrac.t relating toeach birth and death Rs. 5.00
for granting non availabilitycertificate or birth or death Rs. 2.00
(2) Any such extract in regard to any birth or death shall be issued by the Registrar j SubRegistrar or the District Registrar of the district. in rural area, Chief Municipal HealthOfficer j Administrative Officer of a Municipal Corporation and Chairmanj ExecutiveOfficer Administrative Officer of Municipality/ Executive Officer j Chairman of acantonment or notified area in Form 5 or 6,as the case may be,and shall be certified inthe manner provided for in section 76 of the Indian Evide~ce 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 askingfor it or sent to him/her by post on payment of the postal charges therefore.
Interval and forms of periodical returns under section 19(1). -(1) Every Registrar / SubRegistrar shall, after completing the process. of registra tion send all the Statistical Parts ofthe reporting forms relating to each month along with a Summary Monthly Report in Form11 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 Sth of the following month.
(2) The Deputy Chief RegistTar shall forward all such statistical parts of reporting
Fonns received by him/heNo the Chief RegistTar not later than the lOth of that month.
16, Statistical report under section 19(2)-The statistical report under sub-section (2) of section19 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 assoon as may be thereafter but, in any case, not later than five months from that date.
17. Conditions for compounding offences.-(l) 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 I Administrative
Officer of a Municipal Corporation (c) Chairman I Executive Officer of a Municipality orcantonment 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.
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.
(2)
18. Registers and other records under section 30(2)(l<).-{1} The birth register, the death registerand 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 delayedregistration 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.
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-
(4)
District Registrar in rural area,(a)
(b) Municipal Commissioner /Chief Municipal Health Officer / Administrative
Officer of a Municipal Corporation.
Chairman/Executive Officer of a Municipality(c)
(d) Executive Officer/Chairman of a cantonment or notified area, as the case may be.
c -ADDENDUM-
-Appointment of officials to act as Addl. District Registrar of Brths & Deaths
/
GOVERNMENT OF WEST BENGALDEP ARTMENT OF HEAL TH & F AMIL Y WELF ARE
FAMILY WALFARE BRANCHSW ASTOY A BOA WAN, SAL T LAKE
KOLKATA-700 Q91.
IS-/2-CJ5"-DatedA -03 !200 )-No. H F /0/r 8'6
NOTIFICA TION
In exercise of the power conferred by sub-section ( 1) of Section 6 of the R.B.D. Act, 1969(Act No.18 of 1969) the Governor is pleased hereby to appoint the following officials to act as theAdditional District Registrar of Births & Deaths under the control and direction of the DistrictRegistrar of Births & Deaths for the concerned districts. They will discharge their functions within
their respective jurisdiction for the purpose of the said Act.
Additional District Magistrate (General AdministrationChief Medical Officer of HealthDy. Chief Medical Officer of Health-llSub-Divisional OfficerBlock Development Officer
(1)(2)(3)(4)(5)
This is in super session ofall previous Notifications relating to appointment of Addl. DistrictRegistrar of Births & Deaths issued by the Deptt. of Health & Family Welfare, Govt. ofWest Bengal. This will come into force on the date of issue 'of this Notification.
~~S'.I1. .6Special Secretary to the Govt. of West Bengal
Department of Health & Family Welfare.
~- 2.-1J's""Datedg;-,J
"'A -03/2-005
I I .
Copy forwarded to the
I) Director of Health Services, West Bengal.2) Director ofMedical Education, West Bengal.3) State Family Welfare Officer, West Bengal.4) Dy. Director ofHealth Services (Admin), West Bengal.5) Director, S.B.H.I., West Bengal.6-9) .Special Secretary Branch.10-12) .Joint Secretary, FW/PHP/GA Branch of this Department.t3-31) District Magistrate, (All Districts).32) D.F. W .0., Kolkata.33-51) C.M.O.H. (All Districts).52-70) Dy. C.M.O.H.-II (All Districts).71) O.S.D. & E.O. Deputy Secretary, F.W. Branch of this Department.72-73) P.S. to M.I.C./M.O.S. of this Department.74-75) Commi~sioner/C.M.H.O., Kolkat!t Municipal Corporation.76) P .A. to Principal Secretary of this Department.
-for information & necessary action.
tir-..A-/ IS'" .I 2.. 2-"(110 .
Special Secretary to the Govt. of West Bengal
Department of Health & Family Welfare.
Contd. P/2.
-:2:-
Dated
Copy forwarded for information to: (i) The Regi rar General, India, Ministry of Horn,'Affairs, Govt. of India, 2A, Man Singh Road, New Delhi i lOO 11, (ii) The Director of Censu~Operations & Jt. Registrar General, West Bengal, 20B, Abdll Hamid Street, Kolkata-69, (iii) Th,~.Principal Secretary to the Govt. of West Bengal, Deptt. of P & A.R., Writers' Buildings, Kolkata..700001, (iv) The Principal Secretary to the Govt. of West Bengal, Deptt. of Panchayat & Rur(')Dcvclopment, 63, Netaji Subhas Road, Kolkata-l, (v) The Secretary to the Govt. of West Bengal)Judicial Deptt. Writers' Buildings, Kolkata-l and (vi) The Registrar General of Marriages, We' ,
Bengal, l1A, K.S. Roy Road, Kolkata-l.
-
IC
Dated
Copy forwarded for information to :-
1)
2)
3)
The President, IMA, West Bengal Branch, Biresh Guha Road, Kolkata-17. The President, IMA Kolkata Branch, 63, Lenin Sarani, Kolkata-13. .,
The Registrar, State Medical Faculty, 8, Lyons Range, Kolkata-l. :;
~-t-s:.,i. )
Special Secretary to the Govt. of West Bengc 1
Department of Health & Family We}far('
"'1
Special Secretary to the Govt. ofWest Benga:Department of Health & Family Welfar{'
-AMI:NlJMI:N I -
To issue compulsory Medical Certification of Cause of Death.
