(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:-
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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)
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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 |
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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. |
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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. |
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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. |
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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. |