Sub:- Kerala Registration of Births and Deaths Rules 1970 - Rule 6 (2) Instructions - issued. Ref:- Letter No. 1-2 (clarification) 75-VS dated 11-4-1975 of Registrar General, India, New Delhi.
Sections 8 and 9 of the Registration of Births and Deaths Act, 1969 specify the registrants who are required to give the information of vital events to the Registrars of Births and Deaths. Only these persons are authorised to give information on the basis of which the registration will be made.
As per the provisions contained in Rules 6 (2) of the Kerala Registration of Births and Deaths Rules, 1970, in the case of deaths (not falling under clauses (a) to (e) of sub-section 1 of section (8) / in which an inquest is held the officer, who conducts the inquest, should give the information during the period within which the death has to be operated.
The procedure hitherto followed is that in all cases of deaths where inquests are held reports from the inquesting Officers are insisted. This question has been examined in detail with consultation with the Registrar General, India, New Delhi. It has now been clarified that in the case of death falling under clauses (a) to (e) of sub-section (1) of section 8 of the Act even if an inquest has been made, the event need not be reported by the inquesting Officer. Such events will have to be registered on the basis of reports from the persons specified under clauses (a) to (e) of sub-section 1 of section 8. In other words, only in the case of deaths not falling under clauses (a) to (e) of the said section, reports of the inquesting officers need be insisted.
All concerned are directed to note the matter contained in this circular and act accordingly in future. (CIRCULARJ.2261 No. B1-7879/75)
Copy of letter No. L. Dis. 56784/75RI dated 27-10-1975 is extracted below for the information of all concerned.
Sub:- Registration of Births and Deaths-Delayed reports-penalty waiving of-ordered-regarding. Ref:- G. O. Rt. No. 1382/75/LA & SWD dated 1-7-1975 2. Your letter No. F 11-33589/75 dated 18-10-3975.
In inviting your attention to the reference first cited request you to refer to the first and second para therein; Government in the said G.O. have only waived the late fees in respect of all cases of births and deaths pending registration as on 31-12-1974. That is, if there are any reports of vital events kept in your office unregistered as on 31 -12-1974 for want of late fees, such events can be registered without realising any late fees. But, all other formalities as laid down in the Kerala Registration of Births and Deaths Rules, 1970 have to be observed in registering those events. In this connection it has to be specially mentioned that those events which are occurred upto 31-12-1974 and not prepared to you so far cannot be registered with the concession given in the Government order first cited. (CIRCULAR J. 2268 No., L Dis.56784/75/B1].
Sub:- Registration of Births and Deaths Act, 1969 - Special provision as to registration of births and deaths of citizens outside India.
Section 20 (1) of the Registration of Births and Deaths Act, 1969 provides that "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 the rule relating to the registration of such citizens of 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.”
Section 20 (2) of the Act provides that "in the case of any child born outside India in respect of whom information has not been received as provided in Sub-section (1), if the parents of the child return to India with a view to settling 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 Section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid".
Recently an instance of misuse of the provisions of in Section 20 (2) of the Act of is noticed by me. The instance is as follows:-
A child was born in a particular place in America. The parents of the child (Indian Citizens) returned to India temporarily. The Birth of the child was registered by one of the Registrars in this State