In exercise of the powers conferred by section 30 of the Registration of
Births and Deaths Act, 1969 (Central Act 18 of 1969) the Government of
Karnataka with the approval of the Central Government, hereby makes the
following rules, namely; 1)
These rules
may be called the Karnataka Registration of Births and Deaths Rules, 1999. 2)
They shall
come into force with effect from the first day of January 2000. In these rules, unless the context otherwise requires. (a)
?Act? means
the Registration of Births and Deaths Act, 1969. (b)
?Form? means
a Form appended to these rules, and (c)
?Section? means a section of the Act. The period of gestation for the purposes of clause(g) of sub-section (1)
of section 2 shall be twenty-eight weeks. 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. 1)
The
information required to be given to the Registrar under section 8 or section 9,
shall be in Form Nos.1,2, or 3 for the Registration of a birth, death or still
birth, as the case may be, hereinafter to be collectively called reporting
forms. Information if given orally, shall be entered by the Registrar in the
appropriate reporting forms and the signature or thumb impression of the
informant shall be obtained, on such form. 2)
The part of
the reporting forms containing legal information shall be called the ?Legal Part? and the
part containing statistical information shall be called the ?Statistical part?. 3)
The
information referred to in sub-rule (1) shall be given within twenty one days
from the date of birth, death or still birth, as the case may be. 1)
In respect
of a birth or death in a moving vehicle, the person in charge of the vehicle
shall immediately give or cause to be given the information under sub-section
(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 motor car, a motor cycle, a cart, a Tonga
or a rickshaw. 2)
In the case
of death (not falling under clauses (a) to (e) of subsection (1) of section 8
in which an inquest is held, the officer who conduct the inquest shall give or
cause to be given the information under sub-section (1) of section 8. The certificate as to the cause of death required under sub-section (3)
of section 10 shall be issued in Form No.4 in case of death occurring in
hospitals, whether Government or private, in Form 4A in case of deaths
occurring in other places and the Registrar shall, after making necessary
entries in the register of deaths, forward all such certificates to the Chief
Registrar in this behalf by the 10th of the month immediately following the
month to which the certificates relate. 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 5 or Form 6, as the case may be; 2)
In case of
domiciliary events of births and deaths referred to in clause (a) of sub-section
(1) of section 8 which are reported direct to the Registrar of Births and
Deaths, by 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
extract of birth or death from the Registrar within thirty days of its
reporting. 3)
In case of
domiciliary events of births and deaths referred to in clause (a) of
sub-section (1) of section 8 which are reported by person 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 household 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 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
may collect the extract from the officer or person in charge of the institution
concerned within thirty days of the occurrence of the event of birth or death. 5)
If 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. 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 rupees 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 Tahsildar or the Commissioner/Chief Officer, as the case may
be, and on payment of a late fee of rupees five. 3)
Any birth or
death which has not been registered within one year of its occurrence, shall be
registered only on an order of a Magistrate of the first class or a Presidency
Magistrate under section 13(3) and on payment of a late fee of rupees ten. 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 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 is made after 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, the Registrar shall, (a)
if the
register is in his possession forthwith enter the name in the relevant column
of the concerned form in 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 Tahsildar or the Commissioner/Chief Officer of
the Municipal Corporation/Municipal Council as the case may be, for making the
necessary entry on payment of a late fee therein 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 clause (b) of the proviso to sub-rule(1). 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 Tahsildar or Commissioner/Chief Officer of the
Municipal Corporation/Municipal Council, as the case may be. 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 Tahsildar or
Commissioner/Chief Officer of the Municipal Corporation/Municipal Council, as
the case may be, and call for the relevant register and after enquiring into
the matter, if he is satisfied that any such error has been made, make the
necessary correction. 3)
Any such
correction as mentioned in sub-rule (2) shall be countersigned by the State
Government or the Tahsildar or Commissioner/Chief Officer of the Municipal
Corporation/Municipal Council, as the case may be 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 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) or sub-rule (4), the Registrar shall report
of any correction of the kind referred to therein giving necessary details to
the State Government or the Tahsildar or Commissioner/Chief Officer of the
Municipal Corporation /Municipal Council, as the case may be. 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 shall be sent to the permanent address of the person who has given
information under section 8 or section 9. Every Registrar shall keep registers of births, deaths and still births
in Form 7,8 and 9 for every registration area or any part thereof, wherein the
legal part of Forms, 1,2 and 3 shall constitute such registers. 1)
The fees
payable for a search to be made, an extract or a non-availability certificate
to be issued under section 17, shall be as follow. a. Search for
a single entry in the first year for which the search is made Rs. 2.00 b. for every
additional year for which the search is continued Rs. 2.00 c. for
granting extract relating to each birth or death Rs. 5.00 d. For
granting non-availability certificate of birth or death Rs. 2.00 2)
Any such
extract in regard to birth or death shall be issued by the Registrar or the
Tahsildar or Commissioner/Chief Officer of the Municipal Corporation/Municipal
Council as the case may be, 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 (Central Act No.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
extract 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. 1)
Every
Registrar shall after completing the process of registration send all the
Statistical Part of the reporting forms relating to each month along with a
Summary Monthly Report in Form 11 for births, Form 12 for deaths and Form 13
for still births to the Tahsildar in rural areas and Commissioner or Chief
Officer of the Municipal Corporation/Municipal Council in urban areas on or
before the 5th of the following month. 2)
The officer
so specified shall forward all such statistical part of the reporting forms
received by him along with the summary monthly report to the Chief Registrar
not later than the 10th of the month. The statistical report under sub-section (2) of section 19 shall contain
the details of births and deaths registered during the year 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. 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-section (1), (2) and (3) and rupees ten for offences
under sub-section (4) of section 23 as the said officer may think fit. 1)
The birth
register, death register and still birth register shall be records of permanent
importance 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 five 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 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 Tahsildar in rural areas and
Commissioner/Chief Officer of the Municipal Corporation/Municipal Council in
urban areas. (1)
The
Karnataka Registration of Births and Deaths Rules 1970 are hereby repealed: Provided that such repeal shall not affect (a)
the previous
operation of the said rules or anything duly done or suffered there under; or (b) any right, liability or obligation already accrued or incurred under the
said rules.KARNATAKA REGISTRATION OF BIRTHS AND DEATHS RULES, 1999
PREAMBLE