MAHARASHTRA REGISTRATION OF BIRTHS AND DEATHS RULES, 1976
PREAMBLE
In exercise of the powers conferred by section 30 of the Registration
of Births and Deaths Act, 1969 (18 of 1969), and all the other powers enabling
it in that behalf the Government of Maharashtra with the approval of the
Central Government, hereby makes the following rules, namely:
Rule - 1. Short title and extent.
(1) These rules may be
called the Maharashtra Registration of Births and Deaths Rules, 1976.
(2) These rules extend to
the whole of the State of Maharashtra.
Rule - 2. Definitions.
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.
Rule - 3. Period of gestation under section 2(1)(g).
The period of
gestation for the purpose of clause (g) of sub-section (1) of section 2 shall
be twenty-eight weeks.
Rule - 4. Submission of report under section 4(4).
The report under
sub-section (4) of section 4 shall be prepare in Form No. 1 and shall be
submitted alongwith the Statistical Report referred to in sub-section (2) of
section 19, to the State Government by the Chief Registrar every year by the
31st July of the year following the year to which the report relates.
Rule - 5. Forms etc. for giving information of births and deaths under section 8, and 9.
(1) The information
required to be given to the Registrar under section 8 or section 9, as the case
may be, shall be given in writing, be in Form Nos. 2, 3 and 4 for the
registration of a live birth, still birth and death, respectively and if given
orally mention the several particulars in the relevant form.
[1]"(2) The
information referred to in sub-rule (1) shall be given within twenty-one days
from the date of live-birth, still birth or death as the case may be.":
Rule - 6. Birth or death in a vehicle under section 8(1)(f).
(1) In respect of birth
or death in a moving vehicle, the person incharge of the vehicle shall 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 a conveyance of any
kind used on land, air or water and includes an aircraft, a boat, a ship,
railway carriage, a motor-car, 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. Time and Form for notifying information under section 10(i).
(1) Every person required
to notify a live birth, still birth or death under section 10 shall give
information thereof to the Registrar in Form Nos. 5, 6 or 7 as the case may be.
(2) [2]"Such
information shall be given within fourteen days from the date of live-birth or
still birth or death as the case may be."
(3) [3]”On receipt of the
information referred to in sub-rule (1), the Registrar shall verify the relevant
register of births, still births or deaths to ascertain if the event has been
registered or not. In case the particular event is rot found registered, he
shall immediately issue a notice in Form No. 7A to the head of the house-hold
or the officer in charge of the institution, as the case may be, under section
21 of the Registration of Birth and Deaths Act, 1969 for taking necessary
action in the matter."
(4) [4]Any area under
section 10(2)Any area for the purpose of section 10(2) shall mean any area within
the limits of Municipality, Cantonment or specified area. The Registrar for
such area shall obtain the certificate as to the cause of death in form No. 8
at the time of receiving the information from such person as required by this
Act to give the information concerning the death.
Rule - 8. Form of certificate under section 10(3).
The certificate as to
the cause of death required under sub-section(3) of section 10 shall be issued
in Form No. 8 and the Registrar shall, after making necessary entries in the
register of births and 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 - 9. Extracts of registration entries to be given under section 12.
(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. 9 or Form No. 10, as the case
may be.
(2) [5]"In the case of
domiciliary events of births and deaths referred to in clause (a) of
sub-section (3) 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 bead 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
sub-section (1) of section 8, which arc reported by persons specified by 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 the 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 incharge of the institution
concerned within 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 incharge 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 - 10. Authority for delayed registration and fee payable thereof under section 13.
(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 one.
(2) Any birth or death of
which information is given to the Registrar after thirty days, within one year
of its occurrence shall be registered only with the written permission of the
official authorised in this behalf on payment of a late fee of rupees three.
(3) Any birth or death
which has net been registered within ore year of its occurrence, shall be
registered only on an order of any Executive Magistrate and on payment of a
late fee of rupees five.
Rule - 11. Period for the purpose of section 14.
(1) Whew 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:
[6]"Provided that
if the information is given after the aforesaid period of 12 month but within a
period of 15 years, it shall be reckoned,
(i) in case where the
registration has been made prior to the date of commencement of the
Registration of Births and Deaths (Amendment) Rules, 1985 from such date; or
(ii) in case where the
registration is made after the date of commencement of the Registration of
Births and Deaths (Amendment) Rules, 1985, from the date of such registration.
Subject to the
provisions of sub-section (4) of the section 23, the Registrar shall
(a) if the register is in
his possession, forthwith enter the name in the register on payment of a late
fee of rupees two; and
(b) if the register is
not in the 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
two."
(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 certified extract issued to him
under section 17, and on such presentation the registrar shall make the
necessary endorsement relating to the names of the child or take action as laid
down in clause (b) of the proviso to sub-rule (1).
Rule - 12. Correction or Cancellation of entry in the register of births and deaths under section 15.
(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 net 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 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 officer specified by it in this behalf where the register, is received from
the Registrar.
(4) [7]"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 orders 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 - 13. Form of register under section 16.
(1) The register of
livebirths, still births and deaths to be kept by the Registrar under section
16 shall be in three parts as set out in Form Nos. 11, 12 and 13, respectively
and in each part of the register, the event shall be numbered serially and for
each calendar year.
(2) A new register shall
be opened on the first day of January of each year.
(3) An event which
occurred in any previous year shall be recorded in the register for the year in
which it is reported:
Provided that no
entry shall be interpolated between two entries recorded earlier.
Rule - 14. Fees And postal charges payable under section 17.
(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 follows:
(a) search for a single entry in the
first year for which the search is made. |
Rs. 1.00 |
(b) for every additional year for
which the search is continued |
1.00 |
(c) for granting extract relating to
each birth or death |
1.00 |
[8](d) for granting
non-availability certificate of birth or death |
1.00 |
(2) Any such extract in
regard to a birth or death shall be issued by the Registrar or the officer
authorised by the State Government in this behalf in Form No. 9 or Form No. 10,
as the case may be, and shall be certified in the manner provided for in section
76 of the Indian Evidence Act, 1872 (1 of 1872).
(3) [9]If any particular
event of birth or death is not found registered or the register of births and
deaths of a particular year is lost or destroyed the Registrar shall issue a
non-availability certificate in Form No. 13 A or Form No. 13B or Form No. 13C
or Form No. 13D as the case may be.
(4) [10]Any such extract or
non-availability certificate may be furnished to the person asking it or sent
to him by post on payment of the postal charges therefor.
Rule - 15. Interval and forms of periodical returns under section 19(1).
(1) Every Registrar
including the Registrar or a Municipality or a Cantoment or Industrial
Town-ship or Project Township with a population less than 30,000 shall sent to
the Chief Registrar or the officer specified by him in this behalf on or before
the 5th day of each month, a true copy of the entries in register of births and
deaths relating to the month, immediately preceding.
(2) The officer so
specified shall forward all such copies of the entries in the register of
births and deaths received by him to the Chief Registrar not later than the
10th of that month.
(3) [11]The Registrar for a
Municipality or Municipal Corporation or Cantonment or Industrial Township or
Project Township with a population of 30,000 or more shall sent to the Chief
Registrar or the officer specified by him in this behalf, in Form No. 15. a
monthly return of births and deaths by the end of the month following the month
to which the information relates.
Rule - 16. Statistical report under section 19(2).
The Statistical
report under sub-section (2) of section 19 shall be in Form No. 16 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 letter
than five months from that date.
Rule - 17. Notice under section 21.
If at the time of
inspection of births and deaths registers, the Registrar finds or the
inspecting officer bring to the Registrar's notice, the particulars of any
birth or death remained to be registered, the Registrar shall take due steps
under section 21 of the Act to register the vital events.
Rule - 18. Conditions For compounding offences under section 23.
(1) Any offence
punishable under section 23 may, either before or after the institution of
original proceedings under this Act, be compounded by an officer authorised by
the Chief Registrar by 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 - 19. Registers and other records under section 30(2)(k).
(1) The register of
births and deaths shall be a record of permanent importance and shall not be
destroyed.
(2) [12]"All information
received in Form Nos., 2, 3, and 4 by the Registrar under section 8 and 9 and
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 register of births and deaths and shall not be destroyed:
Provided that in a
case where the information so received has been entered in the said register by
the Registrar and such entry is signed or marked by thumb impression by the
informant in such register, the documents relating to the information so
received shall be preserved for a minimum period of 5 years.
(3) [13]"The
certificates as to the cause of death furnished under sub-section (3) of the
section 20 shall be retained for a period of at least 5 years by the Chief
Registrar or the Officer specified by him this behalf."
(4) [14]"All information
received in Form Nos. 5, 6 and 7 under sub-section (1) of section 10 shall be
retained by the Registrar for a period of twelve months."
(5) [15]Every register of
births and deaths and the forms relating to the entries therein shall be
retained by Registrar in his possession for a period of twelve months after the
end of the calendar year to which it relates and such register and forms shall
thereafter be transferred for safe custody to such officer as may be specified
by the State Government in this behalf.
Rule - 20.
All fees payable
under the Act may be paid in cash or by money-order or postal order
[1]
Substituted by Government Notification, Public Health Department No.
BDM-1083/1383/CR-100-FW-III, dated 29th August 1985.
[2]
Substituted by Government Notification, Public Health Department No.
BDM-1083/1383/CR-100-FW-III, dated 29th August 1985.
[3]
Inserted by Government Notification, Public Health Department No.
BDM-1084/1466/CR-581-FW-III, dated 10th April 1989.
[4]
Sub-rule renumbered as 7(4) by Government Notification. Public Health
Department No. BDM/1084/1466/CR-581-FW-III, dated 30th April 1989.
[5]
sub-rule renumbered as (1) and sub-rules (2), (3), (4), (5) added by Government
Notification, Public Health Department No-BDM-1084/1466/CR-581-III, dated the
10th April 1989.
[6]
sub-rule renumbered as (1) and sub-rules (2), (3), (4), (5) added by Government
Notification, Public Health Department No-BDM-1084/1466/CR-581-III, dated the
10th April 1989.
[7]
sub-rule renumbered as (1) and sub-rules (2), (3), (4), (5) added by Government
Notification, Public Health Department No-BDM-1084/1466/CR-581-III, dated the
10th April 1989.
[8]
sub-rule renumbered as (1) and sub-rules (2), (3), (4), (5) added by Government
Notification, Public Health Department No-BDM-1084/1466/CR-581-III, dated the
10th April 1989.
[9]
Substituted by Government Notification, Public Health Department No.
BDM-1083/1383/CR-100-FW-III, dated the 29th August 1985.
[10]
Substituted by Government Notification, Public Health Department No.
BDM-1083/1383-CR-100-FW-III. dated the 29th August 1985.
[11]
Added by Government Notification, Public Health Department No.
BDM-1084/1466/CR-581-FW-III, dated the 10th April 1989.
[12]
Substituted by Government Notification, Public Health Department No.
BDM-1084/1466/CR-581-FW-III, dated the 10th April 1989.
[13]
Inserted by Government Notification, Public Health Department No.
BDM-1084/1466/CR-581-FW-III, dated the 10th April 1989.
[14]
Inserted by Government Notification, Public Health Department No.
BDM-1084/1466/CR-581-FW-III, dated the 10th April 1989.
[15]
Renumbered by Government Notification, Public Health Department No.
BDM-1084/1466/CR-581-FW-III, dated the 10th April 1989.