GOVERNMENT OF SIKKIM

CHIEF REGISTRAR OF BIRTHS AND DEATHS

(HEALTH AND FAMILY WELFARE DEPARTMENT)

Gangtok, the 31st December, 19999

NOTIFICATION

No:    16/H&FW/99/B&D/ 18 of 1999

 

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:-

 

Short title, extent and commencement.

1.

(1)       (1)       These rules may be called the Sikkim Registration of Births and Deaths Rules, 1999.

 

(2)       (2)       These rules shall extend to the whole of Sikkim.

 

(3)       (3)       They shall come into force with effect from the 1st day of January2000.

 

(4)       (4)       These rules shall replace the Sikkim Registration of Births and Deaths Rules 1979 and all its subsequent amendments notified from time to Time.

 

Definitions

2.

            In these rules, unless the context otherwise requires:

a)       a)       “Act” means the Registration of Births and Deaths Act, 1969:

b)       b)       “Form” means a Form appended to these rules; and

c)       c)       “Section” means a section of the Act.

 

Period of Gestation Under section 2(1) (g)

3.

The period of gestation for the purposes of clause (g) of sub-section (1) of section 2 shall be twenty-eight weeks.

 

Submission of report Under section 4 (4)

4.

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.

Form, etc. for giving information of births and deaths under section 8 and 9.

5.

(1)    (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, Death and still birth 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)       (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)       (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.

 

Birth or death in a vehicle under section 8 (1) (f)

 

6

(1)       (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 rickshaw.

 

(2)       (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.

 

Form of certificate under section 10 (3)

 

7.

The certificate as to the cause of death required under sub-section (3) of section 10 shall be issued in Form No.4 or 4 A 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 certificate relate.

Extracts of registration entries to be given under section 12.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Authority for delayed registration and payable thereof under section 13.

 

 

 

 

 

 

 

 

 

 

Period for the purpose of section 14

 

8.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.

 

 

 

 

 

 

 

 

 

 

 

 

10.

(1)     (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 may be.

 

(2)     (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 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 with in thirty days of its reporting.

 

(3)     (3)     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 by 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-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)     (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 in charge of the institution concerned within thirty days of the occurrence of the event of birth or death.

 

(5)     (5)     In 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.

 

(1)     (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)     (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 rupees five.

 

(3)     (3)     Any birth or death of which has not been registered 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 of rupees ten.

(1)     (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 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 (twelve) months but within a period of 15 (fifteen) years, which shall be reckoned.

 

(a)                              (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)                              (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)        (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 may be, 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)

(c)                              (c)                               

 

 

Correction or cancellation of entry in the Register of birth and death under section 15

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of Register under section 16

 

 

Fees and postal charges payable under section 17

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12.

 

 

 

13.

 

 

 

 

 

 

 

 

(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 officer specified by it in this behalf.

 

(2)                                                                                            (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)                                                                                            (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)                                                                                            (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)                                                                                            (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)                                                                                            (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 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)                                                                                            (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 Nos.7, 8 and 9 respectively.

 

(1)     (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                                        2.00.

           first year for which the search is made

(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

 

(4)            (4)            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)

(5)            (5)            If any particular event of birth or death is not found registered the Registrar shall issue a non-availability certificate in Form No.10.

 

(6)    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 therefor

 

Interval and forms of periodical returns under section 19 (1)

14.

(1)       (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 No.11 for births, Form No.12 for deaths and Form 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)       (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.

 

Statistical report under section 19 (2)

15.

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 may be thereafter but in any case not later than five months from that date.

 

Condition for compounding offences

16.

(1)       (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)       (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.

 

Registers and other records under section 30 (2) (k)

17.

(1)     (1)     The birth register, death register and still birth register shall be records of permanent importance and shall not be destroyed.

 

(2)     (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)     (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 (five) years by the Chief Registrar or the officer specified by him in this behalf.

 

(4)     (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 may be specified by the State Government in this behalf.