under Section 20 (2) of the Act. The parents returned to America since they are employed there leaving the child in India. The child is brought up here by the grandparents.
Section 20 (2) of the Act is applicable in the case of any child born outside India and in respect of whom information has not been received as provided in sub-section (1) and if the parents of child return to India with a view to settling therein only then can the event of birth occurred outside India be registered in India. Since the registration mentioned above is irregular, instructions were issued to cancel the same with intimation to the parents and to ask the parents of the child to get the birth registered at the Indian Consulate in America under the Citizenship Act, 1955.
This communication is issued with an intention to prevent the occurrence of similar irregular registrations in other registration areas. The District Panchayat Officers are requested to issue necessary instructions in this regard among the Executive Officers of Panchayats in their Registrars. [Letter No. L. Dis. 34116/75/B1, dated 17th November, 1975]
Copy of Circular No. 81-61416/74 dated 19-11-1975 is reproduced below for the information of all concerned.
Sub:- Registration of Births and Deaths Act 1969 - correction of entries in the births and deaths registers under section 15 of the Act regarding. Ref:- Letter No. 1-2 (Clarification) / 75 - VS dated 25-4-1975 of Registrar General, India.
In this office letter No. L. Dis. 42836/74/RBDI dated 10-9-1974 necessary clarification with regard to the correction of entries in the Birth and Death Registers has been issued. Even though the provision in the Act in respect of correction of entries is very clear several requests are being received from various corners for clarification with regard to the correction of entries. Since it is difficult to issue clarification on each individual cases it has become necessary to issue a further general clarification on this aspect. Hence this circular.
Section 15 of the Registration of Births and Deaths Act 1969 authorise the Registrar to correct the errors or cancel the entry of any birth or death if the same is erroneous in the form or substance, or has been fraudulently or improperly made. The section begins with the word "If it is proved to the satisfaction of the Registrar. It shows that not only the error or fraud in the entry had to be proved but also it should be proved to the satisfaction of the Registrar. In this respect the Registrar will exercise quasi-judicial functions and will have to scan the evidence in order to be satisfied. It will have to be established that the entry is erroneous in form or in substance or has been fraudulently or improperly made. Thus there is no question of Registrars being forced to correct any entry.
The second aspect is that the Registrar will have to act subject to the rules made by State Government with respect to the condition on which and the circumstances in which such entries may be Corrected.
The third aspect is that the Registrar shall not alter the original entry but shall make the correction in the margin and shall sign the same giving the date or correction. For example, if a date of birth is corrected, the original date as well as the corrected date will remain side by side on the register and any certified copy of the said entry will contain both the dates.
The Act no where says that the entry in the Register is the conclusive proof of birth and death. Therefore such entry will be merely an evidence. When after correction, two dates, one original and the other corrected are there the authority who has to take any action depending upon the date of birth and any person will not be bound to accept the corrected date or change the date mentioned in their own office records.
All concerned are requested to understand the spirit of this circular and Act accordingly. The District Panchayat Officers are requested to bring the contents of this circular among the Executive Officers of Panchayats in their jurisdiction. (CIRCULAR J. 2304. No. 81-61416/74)
Copy to the Government of India letter No. 1-2(c)73/VS (RA) dated 28-10-1976 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.