Birth Certificate

Birth certificate is a permanent record of the fact of occurrence of the event and a conclusive proof of place and date of occurrence of the event. Registration of an event includes issuance of extract of the prescribed particulars from the register of births as soon as the event has been registered. Birth certificate is not a proof of nationality Birth Certificate is required for availing several benefits offered by Government of India to its citizens.

Uses of birth certificate

For deriving benefits under social welfare schemes

First right of the child

To establish identity

Conclusive proof of age

Care and protection of juveniles

Admission to school

Preparing driving license, passport, etc.

Proof for right to vote

Entry into the National Population Register

THE RBD ACT, 1969: AT A GLANCE

The RBD Act, 1969 is a Central Act to promote uniformity and comparability in the registration of Births, Still births and Deaths and has been framed to register the said events at the place of occurrence.

SALIENT FEATURES / PROVISIONS OF THE ACT

The salient features and provisions of the RBD Act, 1969 are as under:

Registration of Births and Deaths is compulsory

Births mean live birth and still birth

Uniform law for reporting and registration of all births and deaths occurring within the country

Birth events to be registered by the Registrar at the place of occurrence and within her / his jurisdiction

Allows registration beyond the prescribed period of 21 days

Allows registration of birth without name of child and for addition of name at a later date [Maximum period prescribed in the Rules for subsequent addition of name is 15 years]

Allows for correction or cancellation of entry in the birth register

Provision for imposing penalties for non-reporting / non-registration and negligence

Registers of births and deaths to be kept as permanent records

The Act allows registration of Births that had occurred even prior to enactment of the Act

Procedure for Registration of Birth

DOMICILIARY EVENTS

Under Sub Section (1) (a) of Section 8 of the Act, the following persons have been specified to report to Registrar, occurrence of births in a house:

Head of the household, or

In the absence of head, nearest relative of the head present in the house, or

In the absence of any such person, the oldest male person present during the said period.

In the present scenario, the oldest female present in the house may also be the Informant.

HOSPITAL BASED EVENTS

In respect of births, still birth that takes place in a hospital, health centre, maternity or nursing home or other like Institutions, the Medical Officer-in-charge or any Officer authorized by her / him has been authorized to report to the concerned Registrar the occurrence of the said event in prescribed Form and time [Sub section (1) (b) of Section 8].

EVENTS IN OTHER INSTITUTIONS

For birth events occurring in Institutions such as Jail, Choultary, Chattram, Hostel, Dharamshala, Boarding house, Lodging house, Tavern, Barrack, Toddy shop or Place of public resort, the duty to provide information of occurrence of the event shall be of the Person-in-charge [Section 8 (1) (c) & 8 (1)(d)]

EVENTS IN PUBLIC PLACE

In respect of any new born child deserted in public place, the head person or other corresponding officer in case of village and Police officer-in-charge in other areas to report such fact to the Registrar within the prescribed time [Section 8 (1)(e)].

EVENTS IN A PLACE OTHER THAN MENTIONED ABOVE

In case of events not covered under clause (a) to (e) of sub-section 1 of Section 8, the onus of reporting the event lies with such person as may be prescribed [Section 8 (1)(f)].

EVENTS IN MOVING VEHICLES

In respect of birth 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 [Rule 6 (1)]. ‘Vehicle’ implies conveyance of any kind used on land, air or water and includes aircraft, a boat, a ship, a railway carriage, a motor-car, a motor-cycle, a cart, a tonga and a rickshaw.

EVENTS IN PLANTATIONS

Under Section 9 of the Act, special provisions have been made for registration of births events which occurred in Plantation (any land not less than four hectares in extent which is being prepared for the production of, or actually produces, tea, coffee, pepper, rubber, cardamom, cinchona or such other products) areas. In such cases the Superintendent of plantation has been authorized to give the information to the Registrar enabling her / him to register the event.

BIRTH REGISTRATION WITHIN THE PRESCRIBED PERIOD

The time period for reporting occurrence of birth or still birth event to the Registrar for registering the same is 21 days [Section 8 and 9, Rule 5 (3)]. For the purpose of registration and maintenance of related statistics
you would be requiring copies of the prescribed forms given as under. The procedure for registration is discussed in subsequent paragraphs.

Reporting Forms No. 1, and 3 for live birth and stillbirth respectively

Form No. 1A for Birth Report for Adopted Child

Form No. 5 for extracts of birth

Form No. 10 for issue of Non-availability certificate

ISSUE OF EXTRACT OF REGISTRATION of birth

It has been discussed elsewhere that registration of birth event is logically not complete till the Extract / Certificate of registration reaches the concerned. You are required to give in Form 5 for births.This extract is usually known as the birth certificate.

REGISTRATION BEYOND THE PRESCRIBED PERIOD - DELAYED birth REGISTRATION

The information on occurrence of the event can also be reported after the expiry of 21 days. As has been said earlier such events fall under the category of delayed registration . Registration of events reported as delayed are covered in the Act as under:

More than 21 days but within 30 days of its occurrence

Birth or Death event, information on which is given to the Registrar after expiry of 21 days but within 30 days of its occurrence, shall be registered on payment of late fee .

After 30 days but within one year of its occurrence

Birth event, information on which is given to the Registrar after 30 days but within one year of its occurrence, shall be registered only with the written permission of the prescribed authority and on the production of an affidavit made before a notary public or any other officer authorized in this behalf by the State Government and payment of a late fee

Beyond one year of its occurrence

Birth event 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 after verifying the correctness of the event and payment of a late fee.

REGISTRATION OF NAME OF CHILD

Traditionally, children in our country are given a name during early infancy. Many a times the names given are casual and settled when the child is enrolled in the school. Sometimes a firm name is given at the time when the child appears for secondary school examination. Accounting for the fact that a child may or may not be given a firm name within 21 days of birth, registration of birth is allowed even without a name.

If birth of a child has been registered without a name, subsequent addition of the name in the birth register within 12 months from the date of registration of birth is allowed without any late fee, on giving information regarding the name of the child to the Registrar either orally or in writing.

Provision also exist in the State rules, enabling Registrar to enter in the birth register the name of the child after 12 months but within a period of 15 years, on getting information from the parent or guardian as to the name of the child subject to payment of prescribed late fee.

CORRECTION OR CANCELLATION OF ENTRY

In general, no change is allowed in the birth registration records. However, there are provisions in the Act for making correction or cancellation under specific situations. The errors may be categorized into three broad types: clerical or formal error; error in substance; and fraudulent or improper entry:

(i) Clerical or Formal error means an inadvertent / typographical mistake.

Example:
Name of the new born was wrongly recorded as ‘Moni’ instead of ‘Munni’. In such case, the Registrar may make necessary corrections in spellings of name of the child by making a suitable entry in the margin of the birth register without any alteration of the original entry after satisfying herself / himself in the matter. The Registrar shall also have to sign the marginal entry and add thereto the date of correction.

(ii) Error in form or substance – Error that has a bearing on identity of the person

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.

(iii) Fraudulent or improper entries – Entries made with an ulterior motive.

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, she / 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 / her take necessary action in the matter.

Documents Required for Birth Certificate

Application on a prescribe form.

Proof of Birth of the person in respect of whom the certificate is required.

An Affidavit specifying place, date and time of birth of the person.

Copy of Ration Card/School leaving Certificate