REGISTRATION OF BIRTHS AND DEATHS REGISTRATION ACT 1969
PROCEEDING UNDER SECTION 13 (3) BEFORE THE J.M.F.C.
Whose responsibility is it to give or cause to be given the information of births
and deaths to the Registrar?
Section 8 : Persons required to register births and deaths :
(a) head of the house, in his absence his nearest relative and in his absence,
the oldest adult male person present in the house during the period in wich
the birth or death has to be reported.
(b) the medical officer in charge or his authorized persons -in respect of births
and deaths in a hospital, health center, maternity or nursing home or other
like institution.
(c) the jailor in charge -in respect of births and deaths in a jail.
(d) the person in charge of a choultry, chattram, hostel, dharmasala, boarding
house, lodging house, tavern, barrack, toddy shop or place of public resort.
(e) the headman of the village in the case of a village and officer in charge of
the local police station elsewhere -in respect of any new-born child or dead
body found deserted in a public place.
Section 9: Special provision regarding births and deaths in a plantation: ….....
Section 10: Duty of certain persons to notify births and deaths and to certify
cause of death: ….......
DELAYED REGISTRATION OF BIRTHS AND DEATHS:
As per section 13 sub-section (1), the information of any birth or death given
to the registrar after the expiry of the period specified therefor, but within 30
days after its occurrence, shall be registered on payment of such late fees as
may be prescribed.
As per sub-section (2), the information of any birth or death given to the
registrar after 30 days but within one year after its occurrence, shall be
registered only with the written permission of the prescribed
authority and on payment of the prescribed fee and the production of an
affidavit made before a notary public or any other officer authorised in this
behalf by the state government.
Sub-section (3) is relevant for the Judicial Magistrates. It provides that any
birth or death which has not been registered within one year of
its occurrence, shall be registered only on an order made by a
Magistrate of the First Class or a Presidency Magistrate after
verifying the correctness of the birth or death and on payment of the
prescribed fee.
Rule 9 of the Maharashtra Births and Deaths Reg. Rules:
(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 Block Development Officer for rural area, and
Executive Health Officer/ Health Officer/ Chief Officer/ Executive Officer for
concerned urban area 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
Executive Magistrate of respective area, and on payment of a late
fee of rupees ten.
The above sub-rule (3) is not in consonance with sub-section (3). Because,
the sub-rule says that on the order of Executive Magistrate the registration
can be done, while the sub-section states about the necessity of an order by
a Judicial Magistrate. A circular issued by the Secretary, Law and Judiciary,
Government of Maharashtra, clarified that it is the Judicial Magistrate and not
the executive Magistrate who is empowered to order the registration of any
death or birth the registration of which was not done within one year after its
occurrence.
Neither the Act nor the Rules prescribe the nature or scope of the inquiry to
be held by the Judicial Magistrate.
Some of the participant judges pointed out that invariably the competent
authority of the municipal Corporation, is impleaded as the opponent.
Some participants stated that they call the report from the said authority as to
whether the death or birth has been already registered or not.
Some participants stated that the applicant themselves produce a certificate
from such authority to the effect that such birth or death was not registered.
Some participants stated that before passing the order for such registration,
its notice i.e. citation should be published in the local newspaper.
The inquiry contemplated in this regard is not an inquiry contemplated under
the Code of Criminal Procedure. Because it is not related to any offence.
As per sub-section (3) the Judicial Magistrate shall verify the
correctness of the birth or death .
Case-laws:
In Karimabibi W/o Gulam Mohammad Mustufa Karodiawad and Others v.
Ankleshwar Municipality and Others, AIR 1998 Guj. 42 has issued the
following directions.
“Admittedly, the application filed by the respondent Nos. 2 and 3 was under
sub-section (3) of Section 13 of the said Act. If the above provision of sub-
section (3) of Section 13 are considered, then it would be quite clear that it is
the duty of the learned Judicial Magistrate to verify the correctness of the
date of birth before allowing the application filed before him. When the law
expects that he has to verify correctness of the birth, it is expected from him
that he must hear the persons who would be interested in disputing or
supporting the said application. No doubt the said Act of 1969 does not lay
down any procedure as to how and in what manner the application is to be
presented by the petitioner to the learned Judicial Magistrate. Not only that,
the said Act of 1969 is not making any provision for the proceeding for filing
such an application, but no procedure is also laid down by any rules framed
under the said Act or by any other specific provisions of any Act. Therefore, in
these circumstances when any application is presented under Section 13 of
the said Act after a period of 1 year from the date of birth or date of death,
(1) It would be incumbent on the applicant to state the reasons/grounds in
his application as to why the earlier entry in the death or birth register could
not be made and why he could not give the information regarding the same
to the competent authority.
(2) He must justify his late action in filing such an application by making
necessary averments in his petition.
(3) It is also further necessary for him to state the purpose of which he wants
the entry in the birth register or the death register.
(4) He must also state in the said application as who are likely to be affected
by the said entry in the birth register or death register.
(5) When all the above stated details are given in the application,
it is also incumbent on the Magistrate to issue notice to those
persons who are likely to be affected by his order.
(6) He should also insist on issuing a proclamation as is required
while issuing a succession certificate.
(7) Without following the above stated procedure, the Magistrate
should not proceed to dispose of such an application because the
granting of such relief is going to create a right in favour of the
applicant and obligation against certain persons.
(8) When the obligations are created against such persons, they
must have a reasonable opportunity to challenge the said act of
the petitioner.”
In Sk. Rahimuddin Vs. Ojifa Bibi and Others, AIR 1989 Ori. 56 has held as
under :
“Section 13(3) casts an onerous duty on the Magistrate to verify
the correctness of the birth or death and thereafter, pass an
order. There cannot be any manner of doubt that an entry with
regard to the date of birth of a person confers a valuable right
and when such an entry was not contemporaneously made for
some reason or the other and can be made only after a
Magistrate passes an order after verifying the correctness of the
same, the Magistrate must make an inquiry in that respect.
Without any inquiry worth the name, and passing an order
mechanically on the basis of affidavit filed, would tantamount to
passing an order on total non-application of mind and in the eye
of law, it would not be a verification as contemplated under
Section 13(3). Such an order cannot be sustained in law.”
In Smt. Muniyamma, C. Sandeep [Link], The
Tahsildar, 2014 (1) Kar.L.J. 714 it has been held : “ The applicant has
to state at least the following particulars in the application filed under Section
13(3) of the Act for entering the date of death:
(i) The reasons/grounds as to why entry in the death register could not be
made earlier and why he could not give information regarding the same to
the competent authority.
(ii) The purpose for which he wants entry in the death register.
(iii) Wife and children of the deceased have to be made parties in the
application as also the Jurisdictional Registrar of Births and Deaths.
(iv) The particulars of the person/persons, who are likely to be affected by the
entry in the death register.
(v) The Magistrate can also direct the applicant to furnish such other
particulars as he may deem fit and proper in the circumstances of the case.
(vi) If the application contains the above particulars, the Magistrate should
not only issue notice to the respondents but also to those persons who are
likely to be affected by the order. He should also direct the issue of notice in
two local daily newspapers, one of them should be in vernacular language,
having wide circulation. The Magistrate may also issue such other directions
as he may deem fit and proper depending upon the facts of the case. He
should hold an enquiry and pass appropriate orders thereon in accordance
with law. If there is a serious dispute with regard to the date of death, the
Magistrate has to dismiss the petition with liberty to the parties to approach
the Civil Court for appropriate reliefs.”
For other FAQ on the Births and Deaths Registration Act visit the webpage
[Link]
[Link]
The application under section 13(3) shall be accompanied by a duly filled up
form of Birth information in Form 1 or as the case may be Death information
in Form 2.
The application lies before the Judicial Magistrate having local jurisdiction over
the place where the birth or death occurred. Because, the Registrar under
section 8 can register the births and deaths which occurred in his jurisdiction
only and the Judicial Magistrate can give the direction to such Registrar only.
-END-
Sudhakar V. Yarlagadda, Additional Director, MJA.
