Registration of Births and Deaths Act, 1969 – Section 13 – Registration of Births and Deaths Rules, 1999 (Kerala) – Rule 9 – Delayed Registration of Births and Deaths – Authority for delayed registration and fee payable therefor – The purpose of providing for delayed registration is itself for ensuring that all births are registered, at least belatedly.
Section 3(3) facilitates delayed registration of birth, on the basis of an order of the Magistrate of the First Class or a Presidency Magistrate after verifying the correctness of the birth. The manner in which the verification has to be carried out is not stated in the Section. Rule 9 also does not lay down the procedure to be followed. The verification required is the factum of the birth and not regarding the “date” on which the birth took place. The function is purely executive in character and is not an adjudication of the correctness of the date of birth stated in the request for registration. The Statute itself in Section 15 of the Act provides for correction or cancellation of the entries made in the register of births, which are all aspects on which the power is vested with the Registrar. The power exercised by the Revenue Divisional Officer is only in the nature of granting a permission to the Registrar to effect a registration for which a delayed request is made.