In exercise
of the power conferred by section 30 of the Registration of Births and Deaths
Act, 1969, (18 of 1969) the State Government of Sikkim with the approval of the
Central Government, hereby makes the following rules, namely:- (1)
These rules
may be called the Sikkim Registration of Births and Rules, 1999. (2)
These rules
shall extend to the whole of Sikkim. (3)
They shall
come into force with effect from the 1st day of January 2000. (4)
These rules
shall replace the Sikkim Registration of Births and Deaths Rules 1979 and all
its subsequent amendments notified from time to time. 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 purpose 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 the prescribed format
appended to these Rules 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,
as the case may be, shall be in Form Nos. 1, 2 and 3 for the Registration of a
Births, deaths and still births respectively, hereinafter to be collectively
called the reporting forms. Information if given orally, shall be entered by
the Registrar in the appropriate reporting forms and the signature/thumb
impression of the informant obtained. (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 and still birth. (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 sub-section (1) of
section 8 at the first place of halt. Explanation-For
the purpose of these rules 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 and rikshaw. (2)
In the case
of deaths (not failing under clauses (a) to (e) of subsection (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. The
certificate as to the cause of death required under subsection (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 Death, 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 certificate relate. (1)
The extracts
of particulars from the register relating to Births and Deaths to be given to
an informant under section 12 shall be in Form No 5 or Form No. 6 as the case
maybe. (2)
In the 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, the head of the house or house hold as the case maybe or, in
his absence, the nearest relative of the head present in the house may collect
the extracts of births or deaths from the Registrar with in thirty days of its
reporting. (3)
In the case
of domiciliary events Births and Deaths referred to in clause (a) of
sub-section (1) of section 8 which are reported by persons specified by the
State Government under subsection (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 hole 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 include (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)
In the
extract of birth or deaths not collected by the concerned personas 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 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 officer prescribed in this behalf and on payment of a late
fee of rupee five (3)
Any birth or
death of which has not been register within one year of its occurrence, shall
be registered only on an order of an Executive Magistrate/Sub-Divisional
Magistrate and on payment of a late fee or 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 (twelve) months from the date of registration of
the birth of child, give information regarding he 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 (twelve)
months but within a period of 15 (fifteen) years, which shall be reckoned. (a)
In case
where the registration had been made prior to the date of commencement of the
Sikkim Registration of Births and Deaths Rules, 1999 from such date, or (b)
In case
where the registration is made after the date of commencement of the Sikkim
Registration of Births and Deaths Rules 1999 from the date of such
registration, subject to the provisions of sub-section (4) of section 23. (i)
The
Registrar shall, 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; (ii)
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 office 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 maybe, shall also present to the registrar the
copy of the extract given 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 canceling 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 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 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
birth and deaths has been traudmenlly of improperly made, he shall make a
report giving necessary details to the officer authorized 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. The legal part
of the forms No. 1, 2, and 3 shall constitute the birth register. Death
register and still birth register, as prescribed under Form No. 7, 8 and 9
respectively. (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 for follows:- Re. (a) Search
for single entry in the first year for which the search is made 2.00 (b) for
every additional year for which the search is continued 2.00 (c) for
granting extract relating to each birth or death 5.00 (d) for
granting non-availability certificate of birth or death 2.00 (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 birth or death is not found registered the Register shall
issue a non-availability certificate in From 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 or payment of the postal charges therefore. (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 inform No. 11 for births, Form No. 12 for deaths and
From No. 13 for still births respectively to the Chief Registrar or the officer
specified by him on or before the 5th day of the month. (2)
The Officer
so specified shall forward all such statistical part of the reporting forms
received by him to the Chief Registrar not later than the 10th day of the
month. The
Statistical report under sub-section (2) of section 19 shall contain the tables
in the prescribed formats 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 maybe thereafter by in any case not later than five months
from that date. (1)
Any offence
publishable under section 23 may, either before or after the institution of criminal
proceedings under this Act, be compounded by an officer authorized by the Chief
Registrar by a general or special order in this behalf, if the officer so
authorized is satisfied that the offence was committed through inadvertence or
oversight or for the first time. (2)
Any such
offence maybe 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 stillbirth 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 subsection (3) of the
section 10 shall be retained for a period of at least 5 (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 such
officer as maybe specified by the state Government in this behalf.SIKKIM REGISTRATION OF BIRTHS AND RULES, 1999
PREAMBLE