In continuation of this Office letter of even number dated the 1st April 1976 on the above subject, lam to say that after consultation with the Law Ministry, this Office has come to the conclusion that provision of the Registration of Births, Deaths and Marriages Act of 1886 to register events which occurred prior to coming into force of the Act of 1969, are not of much avail. The parties concerned have to be advised to resort to alternate procedures like affidavits to establish their date of birth etc. (CIRCULAR J.2461, No. B1-29876/75)
Copy of Government of India letter No. 1-2 (c) 75-VS (RA) dated 5-11-1976 is extracted below for the information of all concerned.
Sub:- Registration of Vital events occurred prior to the enforcement of Registration of Births and Deaths Act 1969 - regarding.
There have been enduiries from some states and union territories notably Kerala, Gujarat, Andhra Pradesh, Goa and Chandigarh whether registration of Vital events that occurred prior to enforcement of the 1969 Act is possible under Section 13 of the 1969 Act. It has been clarified by the Ministry of Law (Department of Legal Affairs) that the events which have occurred prior to the coming into force of Registration of Births and Deaths Act, 1969 cannot now be registered under section 13 of this Act. It is, therefore requested that this may be noted as the final legal opinion of the Central Government. The parties concerned may, therefore, be advised to resort to alternate procedures like affidavits to establish the date of birth etc. (No. B1-29876/75)
Copy of the letter No. 1-2(c)76-VS(R4) Vol. 1 dated 11-11-1976 is extracted below for the information of all concerned.
Sub:- Report of death of Indian national on abroad sailing vessel - Registration of death - reg.
I am to refer to your letter No. B1-60999/76 (ii) dated 22-10-1976 on the subject cited above and to say that registration of death on the basis of a report from Director General of Shipping does not fall in the same category as event that occurs on land, in which case the Act casts duty on specified persons to report the event within Specified period. Therefore Section 13 is not attracted in the case of report received from Director General of Shipping and as such, question of obtaining permission of First Class Magistrate and Realisation of late fee does not arise. (Circular J. 2496, No. L. Dis. 60999/75/B1)
Copy of letter No. 14626/75/B1/dated 11/12/1976 is extracted below for the information of all concerned.
Sub:- Registration of Births and Deaths - issue of Extracts for Governmental purposes - Clarification issued. Ref- Letter No. 1 -2 (c) 76-VS (RA) Vol. I dt. 15-10-76 of Senior Research Officer, Registrar General's Office, New Delhi.
In this office letter No. L. Dis. 50082/72/VS dated 5-12-72 addressed to all District Registrars of Births and Deaths it has been clarified that extracts from the Births and Deaths registers can be issued free of cost for Departmental purposes. In this office letter No.L. Dis 8134/RBD 1 dated 6-3-1974 it has been further clarified that the concession given to the informants under Section 12 of the Registration of Births and Deaths Act, 1969 has been extended to Departmental purposes also and therefore there is no need to use stamp paper.
In a particular case, it was become necessary to reconsider the clarification already issued in the matter and hence the matter was referred to the Registrar General, India, New Delhi who had obtained a clarification in the matter from the Union Law Ministry.
As clarified by the Union Law Ministry, if extract is issued under Section 17 of the Act it would be necessary to charge the prescribed fee from the Department for giving extracts duly certified by the Registrars or the authorised person. But, if any informations from the Births and Deaths records are required by any Government Department there should not be any legal difficulty in furnishing such an information informally to the Department.
In the light of the clarification of the Union Law Ministry, the clarifications issued in this office letters L. Dis. 50082/72/VS 1 dated 5-12-1972 and L. Dis. 8134/74/RBD 1 dated 6-3-1974 are hereby cancelled. (CIRCULAR J. 2459, No. L. Dis. 14626/75/B1)