HIMACHAL PRADESH REGISTRATION OF BIRTHS AND DEATHS RULES, 2003.

PREAMBLE

In exercise of the powers conferred by section 30 of the Registration of Births and Deaths Act, 1969, (18 of 1969), the Governor of Himachal Pradesh, with the approval of the Government of India, is pleased to make the following rules, to regulate births and deaths, namely:-

Rule - 1. Short title and Commencement.--

(1)     These rules may be called the Himachal Pradesh Registration of Births and Deaths Rules, 2003.

(2)     These rules shall come into force from the date of publication in the Rajpatra, Himachal Pradesh.

Rule - 2. Definitions.--

(1)     In these rules, unless the context otherwise requires:-

(a)      Act means the Registration of Births & Deaths Act, 1969;

(b)      Form means a Form appended to these rules; and

(c)      Section means a section of the Act.

(2)     The terms and expressions used in these rules but not defined shall have the meaning respectively assigned to them in the Act.

Rule ? 3.Period of gestation.--

The period of gestation for the purposes of clause (i) of sub-section 2 shall be twenty-eight weeks.

Rule - 4. Submission of report.--

The report under sub-section (4) of section 4 shall be prepared in Form - A 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 to which the report relates.

Rule - 5. Form, etc. for giving information of births and deaths.--

(1)     The information required to be given to the Registrar under section 8 or section 9, 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 called the reporting forms. Information if given orally, shall be entered by the Registrar in Forms 1, 2 and 3 and the signature/thumb impression of the informant shall be obtained.

(2)     The first part of the reporting forms containing legal information shall be permanent record and the second part containing statistical information shall be the temporary record.

(3)     The information referred to in sub-rule (1) shall be given within 21 days from the date of birth, death and still birth.

Rule - 6. Birth or death in a vehicle.--

(1)     In respect of a birth or death in a moving vehicle, the person in charge of the vehicle shall give or cause to be given the information under subsection (1) of section 8 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 motorcar, 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) 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.

Rule - 7. Form of certificate.--

The certificate as to the cause of death required under sub-section (3) of section 10 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.

Rule - 8. Extracts of registration entries.--

(1)     The extracts of particulars from the register relating to births or deaths to be given to an informant under section 12 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 subsection (1) of section 8 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 events of births and deaths referred to in clause (a) of subsection (1) of section 8 which are reported by the persons specified by the State Government under sub-section (2) of the said section, the person so specified shall transmit the extracts received from the Registrar of Births and Deaths to the concerned head of the house or house-hold, 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 events of births and deaths referred to in clauses (d) to (e) of sub section (1) of section 8, the nearest relative of the new born or deceased may collect the extract from the officer or person in-charge of the institution concerned with in 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) within the period stipulated therein, the Registrar or 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 the expiry of the aforesaid period.

Rule - 9. Authority for delayed registration and fee..--

(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 rupee 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 District Registrar Births and Deaths concerned on payment of late fee of Rs. 5/-.

(3)     For the birth or death events which have not been registered with in one year, from its occurrence, the concerned District Registrar of births and deaths after having been satisfied shall send the case to the Chief Registrar (births and deaths) along with his recommendations for transmitting the same to the Magistrate of the First Class for verifying the correctness of the birth or death.
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(4)     Thereupon, the Magistrate of the First Class shall pass an order for registration of such event of birth or death to the concerned Registrar on payment of a late fee of Rs.10/-.

Rule - 10. Period for the registration of name of child.--

(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 the 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 a period of 15 years, which shall be reckoned,

(i)       in case where the registration had been made prior to the date of commencement of these rules from such date, or

(ii)      in case where the registration is made after the date of commencement of these rules from the date of such registration, subject to the provision of sub-section (4) of section 23; the Registrar shall.--

(a)      if the register is in his possession forthwith enter the name in the relevant column of the birth register on payment of a late fee of rupees five; and

(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 sub clause (b) of the proviso to sub-rule (1).

Rule - 11. Correction or cancellation of entry in the register of births & 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 enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or cancelling the entry) as provided in section 15 and shall send an extract of the entry showing the error and how it has been corrected to the State Government or the officer specified by it in this behalf.

(2)     In the case referred to in sub-rule (1), if the register is not in his possession, the Registrar shall make a report to the State Government or the officer specified by it in this behalf 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 corrections.

(3)     Any such correction as mentioned in sub-rule (2) shall be countersigned by the State Government or the officer specified by it in this behalf 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 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 State Government or the officer specified in this behalf.

(6)     If it is proved to the satisfaction of the Registrar that any entry in the register of births and deaths has been fraudulently or improperly made, he shall make a report giving necessary details to the officer authorised by the Chief Registrar by general or special order in this behalf under section 25 and on hearing from him take necessary action in the matter.

(7)     In every case in which an entry is corrected or cancelled 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.

Rule - 12. Form of Register.--

The legal Part of the Reporting Forms No.1,2, and 3 shall constitute the Birth Register, Death Register and still Birth Register, which shall be renamed as Forms No.7, 8 and 9 respectively.

Rule - 13. Fees and postal charges.--

(1)     The fees payable for a search to be made or, an extract or a non-availability certificate to be issued under section 17, shall be as follow:

(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, as the case may be, in Form No.6 and shall be certified in the manner provided for in section 76 of the Indian Evidence Act, 1872 (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.

Rule - 14. Interval and forms of periodical returns under 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 along with a summary monthly report in Form No.11 for births, Form No.12 for deaths and Form No.13 for still births to the Chief Registrar (Births & Deaths) or the officer specified by him on or before the 5th of the following month.

(2)     The Officer so specified shall forward all such statistical parts of the reporting forms received by him to the Chief Registrar not later than the 10th of the following month.

Rule - 15. Statistical report.--

The statistical report under sub-section (2) of section 19 shall be in Form No.14 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 five months from that date.

Rule - 16. Conditions for compounding offences.--

(1)     Any offence punishable under section 23 may, either before or after the institution of criminal proceedings under this Act, be compounded by an officer authorised by the Chief Registrar by a general or special order in this behalf, if the officer so authorised is satisfied that the offence was committed through inadvertence or oversight or for the first time.

(2)     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.

Rule - 17. Registers and other records.--

(1)     The birth register, death register and stillbirth register shall be permanent record and shall not be destroyed.

(2)     The court orders and orders of the specified authorities granting permission for delayed registration received under section 13 by the Registrar shall form an integral part of the birth register, death register and still birth register and shall not be destroyed.

(3)     The Certificate as to the cause of death furnished under sub-section (3) of the section 10 shall be retained for a period of at least 5 years by the Chief Registrar or the officer specified by him in this behalf.

(4)     Every birth register, death register and still birth register shall be retained by the Registrar in his office for a period of six years after the end of the calendar year to which it relates and such register shall thereafter be transferred for safe custody to District Registrar Births & Deaths through specified officer.

Rule - 18. Repeal and savings.--

(1)     The Himachal Pradesh Registration of Births and Deaths Rules, 1978 are hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the rules so repealed under sub-rule (1) supra shall be deemed to have been taken or done under these rules.