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Q:Historical Significance of Leprosy ?
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| What is historical significance of Leprosy ?
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Leprosy is a disease as old as mankind. It was recognized in the ancient civilizations of China, Egypt and India. The first known written mention of leprosy is dated 600 BC. Throughout history, the afflicted have often been ostracized by their communities and families. Old remedies as chalmogra oil have been prescribed under Ayurveda. Similarly, sufferers of leprosy were isolated in of the most of countries for the fear of transmission as leprosy was regarded highly contagious. By the time the organism was discovered, it had spread in all the continents.
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Q: How Contagious is Leprosy ?
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| How Contagious is Leprosy ?
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As compared to any other bacterial disease, the contagiousness of leprosy is very low as the bacterium itself is a very weak pathogen. So also most (95%)people exposed to infection, are immune and only 5% people can suffer from the disease after prolonged exposure.
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Q:Discover the Germ of Leprosy
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| Who discovered the germ of leposy and when ?
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The germ of leprosy, a bacterium was discovered by Dr. G.H. A. Hansen
in 1873.
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Q: What is Tuberculosis?
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| What is Tuberculosis?
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Tuberculosis (TB) is an infectious disease caused by a bacterium, Mycobacterium tuberculosis.
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Q:What is the meaning of “Chemical Analysis” of Water?
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| What is the meaning of “Chemical Analysis” of Water?
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Chemical Analysis of water means to identify chemical characteristics of water, i.e. to find out the quantity of inorganic, organic constituents, metals and non-metals, minerals in the water. The chemical potability of water is determined by this analysis. In short, the estimation of various chemical constituents of water applying standard methods is termed as chemical analysis of water. Physical characteristics of water are also taken into account to decide the potability of water.
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Q: What is meant by potable water?
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| What is meant by potable water?
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Water, which is free from microorganisms likely to cause disease and also free from chemical constituents, which may impair health, is classified as “Potable Water.”
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Q:What are the different types of samples analysed in the laboratory?
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| What are the different types of samples analysed in the laboratory?
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The samples of Drinking Water, Packaged Drinking Water, Packaged Mineral Water, Effluents/ Sewage waters, Chemicals used for treatment of water viz.- Alum (solid/liquid), Poly Aluminium Chloride, Chlorine tablets, Sodium Hypochlorite solution, Bleaching Powder, Dose Determination of these chemicals, Water for construction purposes, Water for Swimming pools, Study of Field Test Kits, are regularly analysed in the section.
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Q: Can general public use this facility?
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| Can general public use this facility?
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Yes, definitely. The services are available to any component of the society. The desired fees are applicable per sample no. and sample type.
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Q: Where should one contact to get the sample analyzed?
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| Where should one contact to get the sample analyzed?
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One should contact at State Public Health Laboratory, Pune at the address mentioned. The facility of analysis is also available at all the District Public Health Laboratories in the state of Maharashtra.
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Q: Where should one contact to get the sample analyzed?
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| Where should one contact to get the sample analyzed?
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One should contact at State Public Health Laboratory, Pune at the address mentioned. The facility of analysis is also available at all the District Public Health Laboratories in the state of Maharashtra.
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Q:What is the meaning and importance of dose determination?
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| What is the meaning and importance of dose determination?
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Dose determination is to find or calculate a quantity of actual requirement/demand of a particular disinfectant required to fulfill its desired effect. It is very important to decide dose, because it depends on the basic chemical quality of water and varies accordingly. Geographical, geological, seasonal variations of the water bodies change the dose patterns.
This is applicable to the determination of dose of chemicals used in treatment of effluent also. The dose depends upon types of effluents and concentrations of the effluents to be treated.
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Q: Can samples be collected in any container and how much should be the minimum quantity of sample requ
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| Can samples be collected in any container and how much should be the minimum quantity of sample required?
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The sample is required to be collected in clean, odourfree, dry and leak proof plastic/ polypropylene container, and the quantity required is minimum 2.5 liters. Certain analyses require special containers and preservatives.
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Q:What are the types of “Standards” applied and what are the permissible limits for contents of water
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| What are the types of “Standards” applied and what are the permissible limits for contents of water and other products?
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Generally standards defined by “Bureau of Indian Standards” (B.I.S.) are applied, some of which are mentioned as follows-IS 10500:1991(Drinking Water), IS 14543:1998(Packaged Drinking Water {other than Packaged Natural Mineral Water}), IS 13428:1998(Packaged Natural Mineral Water), IS 299:1989 (Alumino-Ferric), IS 1065:1989(Bleaching Powder), IS 11673:1992(Sodium Hypochlorite Solution), IS 3328:1993(Water for Swimming Pool),
IS 456:1978(Water for construction), IS 15573:2005(Poly Aluminium Chloride). The samples collected under the provisions of the Act are analyzed with reference to P.F.A. Act 1954, Rules 1955 and of Water (Prevention & Control of Pollution) Act 1974.
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Q: Is my water, from my private source (well), safe to drink?
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| Is my water, from my private source (well), safe to drink?
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There are two methods to decide the potability of water, i.e. Chemical and bacteriological examination of water. Unless you get the sample of water source examined chemically and bacteriology, you cannot decide whether the water is safe or not.
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Q:What type of equipments do you have?
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| What type of equipments do you have?
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We have good facility of equipments such as pH meters, Specific Ion meters (Fluoride and Nitrate only), Conductivity meter, Turbidity meter, TDS meter, Analytical Balances, UV-Visible Spectrophotometer, Atomic Absorption Spectrophotometer, GLC, FTIR, B.O.D. Incubator, Hot Air Ovens, Distillation Units, and all necessary glassware assemblies to carry out water analysis.
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Q: Are the “Kits for Field Tests”, available in market, useful to determine the chemical potability of
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| Are the “Kits for Field Tests”, available in market, useful to determine the chemical potability of water?
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The commercial kits for tests of chemical parameters such as Chlorides, Fluoride, Hardness, Nitrate, Iron, Residual chlorine etc. are available in the market may be used for field level analysis, and they can show the present/absent status and certain quantity range of constituents of your water and can suggest a guideline of the status of water as safe, marginal safe or unsafe.
But detail quantitative chemical analysis can be done in the Laboratory only.
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Q:How to disinfect drinking water at home?
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| How to disinfect drinking water at home?
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If drinking water is suspected to be contaminated, it can be disinfected by boiling for 15 mins.or using the proper dose of chemical disinfectant like Bleaching Powder, Liquid Chlorine (Sodium hypochlorite solution), Chlorine tablets available in the local market / medical shops, under various different commercial product name. But confirmation of quality of chemical disinfectant and chemical potability of water should be known before treatment of water.
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Q: How much does it cost to have a sample analyzed?
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| How much does it cost to have a sample analyzed?
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The fees for sample analysis depend upon the parameters of the sample to be analyzed.Following are the charges applicable.
The type of sample,fees/sample,and taxes extra **(S.T. + E.C.) per
sample are as follows
1) Drinking Water , 235/- , 10% + 2%
2)Packaged Mineral Water , 35/-,----,,-----
3)Packaged Drinking Water ,35/-,----,,-----
4)Alum,305/-,----,,----
5)Dose Determination(Alum),12/-,----,,-----
6)P.A.C./ Liquid Alum,125/-,----,,-----
7)Dose Determination,12/-,----,,-----
8)Bleaching Powder,25/-,----,,-----
9)Dose Determination(B.P.),12/-,----,,-----
10)Water for Construction,235/-,----,,-----
11)Effluent / Sewage, As per Parameter,----,,-----
12)Specific Parameter, As per Parameter,----,,-----
Note-: **S.T. - Service Tax, E.C. - Education Cess. Extra
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Q:How many Public Health Labs are working in Maharashtra
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| How many Public Health Labs are working in Maharashtra
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Total 30 Public Health Laboratories are working in the State at all district level.
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Q: Which samples are analyzed in your laboratories?
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| Which samples are analyzed in your laboratories?
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Water sample for bacteriological potability.Stool samples for isolation of V.Ch./Sal./Shigella bacteria.Blood samples for S.typhi/Sal. Para A, Para B, isolation.Food samples for Microbial Quality & Bacterial food poisoning.
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Q:Are viral diseases diagnosed in the laboratory?
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| Are viral diseases diagnosed in the laboratory?
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Viral disease diagnosis is done at National Institute of Virology Pune-1.
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Q: Which are the water borne outbreaks.
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| Which are the water borne outbreaks.
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Cholera
Gastroenteritis
Typhoid
Dysentery
Hepatitis A & E
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Q:Which sources of water can be tested in Public Health Laboratory?
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| Which sources of water can be tested in Public Health Laboratory?
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All types of sources of water can be tested for potability in PHL like Wells, Bore wells, Taps, Hand pump, River water, House hold water etc.
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Q: Approximately blow much water sample is required for testing.
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| Approximately blow much water sample is required for testing.
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Approximately 200 ml of water sample is required for Microbial analysis
of water sample & 5 liter for Chemical analysis.
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Q:Which are the indicator organisms used to test water in Public Health
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| Which are the indicator organisms used to test water in Public Health
Laboratory.
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Coliforms.
Faecal (Thermotolerant) Coliforms.
E. Coli.
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Q: Which method is used to test the potability of water samples?
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| Which method is used to test the potability of water samples?
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MPN- Most probable number test also known as Multiple Tube Dilution
technique is used to test potability of water sample.
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Q:Which organisms are tested from packaged drinking water.
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| Which organisms are tested from packaged drinking water.
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Total 9 organisms are tested which are as follows.
Salmonella & Shigella.
Yeast & Moulds
Clostridium spp.
Vibrio Cholerae & V. Parahaemolyticus.
Streptococcus faecalis.
E. Coli.
Pseudomonas oerogenosa.
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Q: Which diseases are diagnosed in the laboratory?
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| Which diseases are diagnosed in the laboratory?
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Mostly the water borne bacterial diseases are diagnosed in the laboratory.
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Q:Do you observe for protozoa / cyst in stool samples.
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| Do you observe for protozoa / cyst in stool samples.
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No, we only test for salmonella spp., Shigella spp & Vibrio spp from stool Samples.
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Q: Which transports media is used to collect Stool samples.
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| Which transports media is used to collect Stool samples.
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Cary Blair media is used as transport media to collect Stool samples.
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Q:What types of test are done for food samples?
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| What types of test are done for food samples?
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For food samples Microbial food Quality of the sample is tested
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Q: Do you also test food samples collected during food poisoning outbreak?
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| Do you also test food samples collected during food poisoning outbreak?
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Yes, we test the food samples collected during food poisoning outbreaks.
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Q:How to collect the food sample for testing.
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| How to collect the food sample for testing.
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Aseptically collect 250 ml of liquid or 250 gms of solid food sample in a
wide mouth container which is sterile. If sterile container is not available collect food sample in a new unopened plastic bag.
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Q: How to send any sample to the Laboratory.
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| How to send any sample to the Laboratory.
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Send the sample in a cold chain to the nearest lab within shortest time
from collection. (i.e. within 24 hrs. after collection).
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Q:Is any specific container required for collection.
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| Is any specific container required for collection.
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Yes, sterilized water bottles are mandatory for collection of water samples.
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Q: What is the Name of your Laboratory ?
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| What is the Name of your Laboratory ?
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The name of the Laboratory is State Public Health Laboratory, Pune.
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Q:How many Laboratories are in the Maharashtra State?
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| How many Laboratories are in the Maharashtra State?
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There are 30(Thirty) laboratories serving in the Maharashtra State.
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Q: How many Regional & District Public Health Laboratoires are there in the Maharashtra State ?
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| How many Regional & District Public Health Laboratoires are there in the Maharashtra State ?
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There are 2 Regional & 27 District Public Health Laboratories in the Maharashtra State.
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Q:How many of them are notified and engaged in the Food analysis ?
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| How many of them are notified and engaged in the Food analysis ?
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There are 11 Laboratories carrying out the analysis of food samples
received under P.F.A.Act 1954 & Rules 1955. Out of these, Pune
Laboratory is the State Public Health Laboratory. Nagpur & Aurangabad
are the Regional Laboratories & remaining Nashik, Jalgaon, Kolhapur,
Solapur, Amravati, Nanded, Kokan Bhavan & Sangli are District Public
Health Laboratories.State Public Health Laboratory, Pune had been specified as the Central Food Laboratory for appellate food samples received from various courts.
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Q: Who is Bureau Chief of the Laboratories?
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| Who is Bureau Chief of the Laboratories?
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Deputy Director of Health Services, I/C State Public Health Laboratory, Pune-1 is the Bureau Chief.
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Q:Under which Act the Laboratory functions are carried out?
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| Under which Act the Laboratory functions are carried out?
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A:
Prevention of Food Adulteration Act (37) of 1954 & Rules 1955 made there under.
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Q: Name the Implementing Authorities of the Act.
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| Name the Implementing Authorities of the Act.
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A:
(a)Food & Drug Administration.
(b)Public Health Laboratories.
(c)Judiciary.
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Q:What are the functions/ Role of above authorities?
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| What are the functions/ Role of above authorities?
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(a)Food Inspectors of Food & Drug Administration of the State are inspecting & collecting authority of samples.
(b)Public Health Laboratory Staff viz. Food Analyst analyses the samples & Public Analyst, after completion of the analysis, submit the report to respective Local (Health) Authorities.
(c)When the report is found adulterated, Local (Health) Authorities
launches the case against the vendor in the court of law. Court penalizes the vendors depending upon the severity of the case.
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Q: What is adulteration?
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| What is adulteration?
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Adulterant means any material, which is or could be employed for the purpose of Adulteration.
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Q:What is the definition of adulteration?
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| What is the definition of adulteration?
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(a)If the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser.
(b)If any inferior or cheaper substance has been added.
(c)What is the definition of food?
Means any article used as a food or Drink for human consumption other than Drug.
(d) What is the definition of sample?
Sample means, a sample of any article of food taken under the
provision of this Act or any rule.
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Q: Detection of Common adulterant
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| Detection of Common adulterant
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A:
1) Milk - Addition of Water & removal of cream. Addition of thickners like Starch, Sugar etc.
Starch - Add few drops of iodine solution in milk in a test tube. In presence of Starch, blue colour is developed.
2)Milk Products-Addition of starch in milk products viz. Khoa, Dahi, Paneer etc. can also be tested by adding few drops of iodine solution in milk product in a test tube. In presence of Starch, blue colour is developed
3) Ghee/ButterAddition of vanaspati or margarise Ghee sample + Conc. hydrochloric acid (and used for cleaning tiles) & few grains of sugar. Shake well. Development of pink (Red) colour indicates presence of Vanaspati in Ghee.
4)Oil & Fats- Adultrant Cheaper Oils, harmful oils, Argemone, Castor, Karmaja Mineral can be detected in the Laboratory.
5)Sweetners-Gur or Sugar solution in honey.
6)Sweet meat-Non permitted colour.
Excess colour above prescribed limit, Aluminium Foil instead of Silver foil.
7) Food grains -Foreign matter like Dhatura seeds in Jawar, Ergot in Bajara, Kernel Bunt in Wheat can be examined by physical examination.
8)Dal -
A) Khesari dal as an adultrant - has edged type appearance showing a slant on one side and square in appearance incontrast to other Dal.
B) Non permitted colour- Drop of HCl on sample of Dal produces voilet colour which indicates presence of Metanil yellow colour.
SPICES AND CONDIMENTS
1)Mohari - Argemone seeds, poisonous in nature, as an adultrant, can be detected by physical observation.
Argemone seeds are of blackish rough surface in nature & the notch is present on the surface. These seeds are non-edible poisonous seeds.
2)Black pepper - The adultrants like Papaya seeds, Light berries can be detected by physical observation. They float in alcohol.
3)Clove - Volatile oil Extracted (i.e. Exhausted cloves) as an adultrant commonly found.
4)Powdered Spices - Added Starch and Common salt are found as an adultrant--- Iodine test for Starch detection. Organoleptic test for Common salt detection.
5)Turmeric Powder - Coloured Saw Dust, Chalk Powder or Yellow soap stone Powder are commonly found adultrant.
6)Chilly Powder - Brick Powder, Starches & Extraneous Colour are commonly found adultrant.
7)Hing - Colophony resins, Soap stones or other earthy matter are commonly found adultrant.
8)Saffrron - Dried tendrils of maize comb are commonly found adultrant.
Other articles
1)Salt - Inorganic matter like clay , stone etc. is commonly found adultrant.
2)Tea Powder - The adultrants found are Extraneous Colour, exhaust Tea,Tur or Gram Dal Husk with colour, Iron fillings.
3)Coffee - Chicory are commonly found adultrant.
4)Supari / Panmasala - Extraneous Colours are commonly found adultrant.
5)Vinager - Mineral acids are commonly found adultrant. Can be detected with colour change of metanil yellow paper ( Observation Voilet colour).
Duties of Purchaser while purchasing food articles
1)Whenever food article is suspected to be adulterated / spoiled while purchasing, customer have right to complaint against shopkeeper to the Food & Drug. Administration of their district under section 12 of PFA Act 1954.
2)While purchasing the packed food articles the customer should check the label and packing as mentioned.
A) Batch no. B) Ingredients C) Date of manufacture D) Date of expiry. E) Addresses of manufacturer. F) Weight of substance etc.
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Q:What is malaria?
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| What is malaria?
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Malaria is a serious and sometimes fatal disease caused by a parasite. Patients with malaria typically are very sick with high fevers, shaking chills, and flu-like illness. Four kinds of malaria parasites can infect humans: Plasmodium falciparum, P. vivax, P. ovale, and P. malariae.
Infection with any of the malaria species can make a person feel very ill; infection with P. falciparum, if not promptly treated, may be fatal. Although malaria can be a fatal disease, illness and death from malaria are largely preventable.
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Q: Is malaria a common disease?
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| Is malaria a common disease?
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A:
Yes. The World Health Organization estimates that each year 300-500 million cases of malaria occur and more than 1 million people die of malaria. About 1,300 cases of malaria are diagnosed in the United States each year. The vast majority of cases in the United States are in travelers and immigrants returning from malaria-risk areas, many from sub-Saharan Africa and the Indian subcontinent.
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Q:Is Malaria a serious disease?
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| Is malaria a serious disease?
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A:
Yes. Malaria is a leading cause of death and disease worldwide, especially in developing countries. Most deaths occur in young children. For example, in Africa, a child dies from malaria every 30 seconds. Because malaria causes so much illness and death, the disease is a great drain on many national economies. Since many countries with malaria are already among the poorer nations, the disease maintains a vicious cycle of disease and poverty.
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Q: Wasn’t malaria eradicated years ago?
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| Wasn’t malaria eradicated years ago?
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A:
No, not in all parts of the world. Malaria has been eradicated from many developed countries with temperate climates. However, the disease remains a major health problem in many developing countries, in tropical and subtropical parts of the world.
An eradication campaign was started in the 1950s, but it failed globally because of problems including the resistance of mosquitoes to insecticides used to kill them, the resistance of malaria parasites to drugs used to treat them, and administrative issues. In addition, the eradication campaign never involved most of Africa, where malaria is the most common.
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Q:If I live in the United States, can I still get malaria?
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| If I live in the United States, can I still get malaria?
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A:
Malaria was eradicated from the United States in the early 1950s. However, malaria is common in many developing countries and travelers who visit these areas risk getting malaria.
Returning travelers and arriving immigrants could also reintroduce the disease in the United States if they are infected with malaria when they return. The mosquito that transmits malaria, Anopheles, is found throughout much of the United States. If local mosquitoes bite an infected person, those mosquitoes can, in turn, infect local residents (introduced malaria).
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Q: Where does malaria occur?
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| Where does malaria occur?
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A:
Malaria typically is found in warmer regions of the world -- in tropical and subtropical countries. Higher temperatures allow the Anopheles mosquito to thrive. Malaria parasites, which grow and develop inside the mosquito, need warmth to complete their growth before they are mature enough to be transmitted to humans.
Malaria occurs in over 100 countries and territories. More than 40% of the world’s population is at risk. Large areas of Central and South America, Hispaniola (the Caribbean island that is divided between Haiti and the Dominican Republic), Africa, the Indian subcontinent, Southeast Asia, the Middle East, and Oceania are considered malaria-risk areas.
Yet malaria does not occur in all warm climates. For example, economic development and public health efforts have eliminated malaria from the southern United States, southern Europe, Taiwan, Singapore, and all of the Caribbean islands (except Hispaniola). Some Pacific islands have no malaria because Anopheles mosquitoes are not found there.
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Q:Why is malaria so common in Africa?
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| Why is malaria so common in Africa?
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A:
In Africa south of the Sahara, the principal malaria mosquito, Anopheles gambiae, transmits malaria very efficiently. The type of malaria parasite most often found, Plasmodium falciparum, causes severe, potentially fatal disease. Lack of resources and political instability can prevent the building of solid malaria control programs. In addition, malaria parasites are increasingly resistant to antimalarial drugs, presenting one more barrier to malaria control in that continent.
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Q: How is malaria transmitted?
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| How is malaria transmitted?
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A:
Usually, people get malaria by being bitten by an infected female Anopheles mosquito. Only Anopheles mosquitoes can transmit malaria and they must have been infected through a previous blood meal taken on an infected person.
When a mosquito bites, a small amount of blood is taken in which contains the microscopic malaria parasites. The parasite grows and matures in the mosquito’s gut for a week or more, then travels to the mosquito’s salivary glands. When the mosquito next takes a blood meal, these parasites mix with the saliva and are injected into the bite.
Once in the blood, the parasites travel to the liver and enter liver cells to grow and multiply. During this "incubation period", the infected person has no symptoms. After as few as 8 days or as long as several months, the parasites leave the liver cells and enter red blood cells. Once in the cells, they continue to grow and multiply. After they mature, the infected red blood cells rupture, freeing the parasites to attack and enter other red blood cells. Toxins released when the red cells burst are what cause the typical fever, chills, and flu-like malaria symptoms.
If a mosquito bites this infected person and ingests certain types of malaria parasites ("gametocytes"), the cycle of transmission continues.
Because the malaria parasite is found in red blood cells, malaria can also be transmitted through blood transfusion, organ transplant, or the shared use of needles or syringes contaminated with blood. Malaria may also be transmitted from a mother to her fetus before or during delivery ("congenital" malaria).
Malaria is not transmitted from person to person like a cold or the flu. You cannot get malaria from casual contact with malaria-infected people.
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Q:Who is at risk for malaria?
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| Who is at risk for malaria?
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A:
Anyone can get malaria. Most cases occur in residents of countries with malaria transmission and travelers to those countries. In non-endemic countries, cases can occur in non-travelers as congenital malaria, introduced malaria, or transfusion malaria (see above).
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Q: Who are the people most at risk of severe and fatal malaria?
|
| Who are the people most at risk of severe and fatal malaria?
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A:
Plasmodium falciparum causes severe and life-threatening malaria; this parasite is very common in many countries in Africa south of the Sahara. People who are heavily exposed to the bites of mosquitoes infected with P. falciparum are most at risk of dying from malaria. People who have little or no immunity to malaria, such as young children and pregnant women; or travelers coming from areas with no malaria, are more likely to become severely ill and die. Poor people living in rural areas who lack knowledge, money, or access to health care are more vulnerable to the disease. As a result of all these factors, an estimated 90% of deaths due to malaria occur in Africa south of the Sahara; most of these deaths occur in children under 5 years of age.
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Q:If I live in an area where malaria is a problem, how can I prevent myself and my family from getting
|
| If I live in an area where malaria is a problem, how can I prevent myself and my family from getting sick?
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A:
You and your family can prevent malaria by
keeping mosquitoes from biting you, especially at night
taking antimalarial drugs to kill the parasites
eliminating places around your home where mosquitoes breed
spraying insecticides on your home’s walls to kill adult mosquitoes that come inside
sleeping under bed nets - especially effective if they have been treated with insecticide, and
wearing insect repellent and long-sleeved clothing if out of doors at night
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Q: Isn't there a malaria vaccine? And if not, why?
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| Isn't there a malaria vaccine? And if not, why?
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There is currently no malaria vaccine approved for human use. The malaria parasite is a complex organism with a complicated life cycle. Its antigens are constantly changing and developing a vaccine against these varying antigens is very difficult. In addition, scientists do not yet totally understand the complex immune responses that protect humans against malaria. However, many scientists all over the world are working on developing an effective vaccine. Because other methods of fighting malaria, including drugs, insecticides, and bed nets, have not succeeded in eliminating the disease, the search for a vaccine is considered to be one of the most important research projects in public health.
Traveling and Malaria
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Q:I will be traveling outside of the United States. What should I do to avoid getting malaria or other
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| I will be traveling outside of the United States. What should I do to avoid getting malaria or other infectious diseases?
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Some simple precautions will help protect your health while traveling. CDC’s Travelers’ Health provides detailed information on malaria risk by country, prevention information including recommended antimalarial drugs, and health recommendations (e.g., vaccinations) for other diseases.
Travelers leaving the United States should:
Visit your health care provider 4-6 weeks before foreign travel for any necessary vaccinations, as well as a prescription for an antimalarial drug, if needed. (There are no vaccines against malaria.)
Take your antimalarial drug exactly on schedule without missing doses.
Wear insect repellent to prevent mosquito and other insect bites. Your insect repellent should contain DEET as its active ingredient. To prevent malaria, wear insect repellent if out of doors between dusk and dawn when the mosquito that transmits malaria is biting.
Wear long pants and long-sleeved clothing.
Sleep under a mosquito bed net (preferably one that has been treated with insecticide) if you are not living in screened or air-conditioned housing.
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Q: Should I buy my malaria pills in the malaria-risk country where I will be traveling?
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| Should I buy my malaria pills in the malaria-risk country where I will be traveling?
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Buying medications abroad has its risks. The drugs could be of substandard quality because of poor manufacturing practices. The drugs could contain contaminants or they could be counterfeit drugs. Such products may not provide you the protection you need against malaria. In addition, some medications that are sold overseas are not used anymore in the United States or were never sold here. These drugs may not be safe or their safety has never been evaluated.
It would be best to purchase all the medications that you need before you leave the United States. As a precaution, note the name of the medication(s) and the name of the manufacturer(s). That way, in case of accidental loss, you can replace the drug(s) abroad at a reliable vendor.
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Q:Can I give blood if I have been in a country where there is malaria?
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| Can I give blood if I have been in a country where there is malaria?
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It depends on what areas of that country you visited, how long ago you were there, and whether you ever had malaria. In general, most travelers to an area with malaria are deferred from donating blood for 1 year after their return. Former residents of malaria-risk areas will be deferred for 3 years. Persons diagnosed with malaria cannot donate blood for 3 years after treatment, during which time they must have remained free of symptoms of malaria. Blood banks follow strict guidelines (e.g. those of the American Red Cross) for accepting or deferring donors who have been in malaria-endemic areas. This is in order to avoid collecting blood from an infected donor and inadvertently transmitting malaria to the recipient. In the United States during the period 1963-1999, there were 93 cases reported to CDC where people acquired malaria through a transfusion. Because of these control measures, transfusion-transmitted malaria is very rare in the United States and occurs at a rate of less than 1 per million units of blood transfused.
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Q: I was born 40 years ago in a malaria-endemic country and immigrated to the United States 10 years ag
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| I was born 40 years ago in a malaria-endemic country and immigrated to the United States 10 years ago. When I was a child I had some malaria, but as I grew older malaria bothered me less and less. I g
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Yes, anyone who goes to a malaria-risk country should take precautions against acquiring malaria. During the last ten years that you have spent in the United States, you have lost any malaria immunity that you might have acquired while living in your native country. Without frequent exposure to malaria parasites, your immune system has lost its ability to fight malaria. You are now as much at risk as someone who was born in the United States (a "non-immune" person). Please consult with your health-care provider or a travel clinic about precautions to take against malaria (preventive drugs and protection against mosquito bites) and against other diseases.
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Q:I am 4 months pregnant but want to visit a malaria-risk country for 2 weeks. Is it safe to do so?
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| I am 4 months pregnant but want to visit a malaria-risk country for 2 weeks. Is it safe to do so?
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CDC advises women who are pregnant or likely to become pregnant to avoid travel to areas with malaria risk, if possible. Malaria in pregnant women can be more severe than in nonpregnant women. Malaria can increase the risk for adverse pregnancy outcomes, including prematurity, miscarriage, and stillbirth. No preventive drugs are completely effective. Please consider these risks (and other health risks as well) and discuss with your health-care provider.
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Q: What are the signs and symptoms of malaria?
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| What are the signs and symptoms of malaria?
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Symptoms of malaria include fever and flu-like illness, including shaking chills, headache, muscle aches, and tiredness. Nausea, vomiting, and diarrhea may also occur. Malaria may cause anemia and jaundice (yellow coloring of the skin and eyes) because of the loss of red blood cells. Infection with one type of malaria, Plasmodium falciparum, if not promptly treated, may cause kidney failure, seizures, mental confusion, coma, and death.
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Q:How soon will a person feel sick after being bitten by an infected mosquito?
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| How soon will a person feel sick after being bitten by an infected mosquito?
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For most people, symptoms begin 10 days to 4 weeks after infection, although a person may feel ill as early as 7 days or as late as 1 year later. Two kinds of malaria, P. vivax and P. ovale, can relapse. In P. vivax and P. ovale infections, some parasites can remain dormant in the liver for several months up to about 4 years after a person is bitten by an infected mosquito. When these parasites come out of hibernation and begin invading red blood cells (“relapse”), the person will become sick.
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Q: How do I know if I have malaria?
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| How do I know if I have malaria?
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Most people, at the beginning of the disease, have fever, sweats, chills, headaches, malaise, muscles aches, nausea and vomiting. Malaria can very rapidly become a severe and life-threatening disease. The surest way for you and your health-care provider to know whether you have malaria is to have a diagnostic test where a drop of your blood is examined under the microscope for the presence of malaria parasites. If you are sick and there is any suspicion of malaria (for example, if you have recently traveled in a malaria-risk area) the test should be performed without delay.
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Q:When should malaria be treated?
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| When should malaria be treated?
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The disease should be treated early in its course, before it becomes severe and poses a risk to the patient's life. Several good antimalarial drugs are available, and should be administered early on. The most important step is to think about malaria, so that the disease is diagnosed and treated in time.
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Q: What is the treatment for malaria?
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| What is the treatment for malaria?
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Malaria can be cured with prescription drugs. The type of drugs and length of treatment depend on which kind of malaria is diagnosed, where the patient was infected, the age of the patient, whether the patient is pregnant, and how severely ill the patient is at start of treatment.
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Q:If I get malaria, will I have it for the rest of my life?
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| If I get malaria, will I have it for the rest of my life?
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No, not necessarily. Malaria can be treated. If the right drugs are used, people who have malaria can be cured and all the malaria parasites can be eliminated. However, the disease can persist if it is left untreated or if it is treated with the wrong drug. Some drugs are ineffective because the parasite is resistant to them. Some patients may be treated with the right drug, but at the wrong dose or for too short a period of time.
Two types (species) of parasites, Plasmodium vivax and P. ovale, have dormant liver stages that can remain silent for years. Left untreated, these liver stages may reactivate and cause malaria attacks ("relapses") after months or years without symptoms. Patients diagnosed with P. vivax or P. ovale are often given a second drug to help prevent these relapses. Another type (species), P. malariae, if left untreated, has been known to persist in the blood of some persons for several decades.
But in general, if you are correctly treated for malaria, the parasites are eliminated and you are no longer infected with malaria.
Malaria Drugs
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Q: How do I find out what is the best drug to take against malaria?
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| How do I find out what is the best drug to take against malaria?
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Regional Malaria Information gives detailed information on the proper drugs to take for the area you are visiting and specific prevention tips.
Many effective antimalarial drugs are available. Your health care provider and you will decide on the best drug for you based on your travel itinerary, medical history, age, drug allergies, pregnancy status, and other health factors.
To allow sufficient time for the drugs to become effective and for a pharmacy to prepare any special doses of medicine (especially doses for children and infants), visit your health care provider 4-6 weeks before travel.
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Q:Can children also take malaria pills?
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| Can children also take malaria pills?
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Yes, but not all types of malaria pills. Children of any age can get malaria and any child traveling to a malaria-risk area should be on an antimalarial drug. However, some antimalarial drugs are not suitable for children. Doses are based on the child’s weight. More details on Preventing Malaria in Infants and Children.
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Q: What is the precise scope of revenue district mentioned in section 6(1)?
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| What is the precise scope of revenue district mentioned in section 6(1)?
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The term “revenue district” has not been defined in the Act but as commonly understood, it is a district created for the purposes of revenue administration of a state. Accordingly, in the context of section 6(1) of the RBD Act, the term “revenue district” only means a district created for the purposes of revenue administration and in any such district according to the provisions of that section there shall be only one District Registrar and for the purposes of assisting the District Registrar the state Government is empowered to appoint such number of Additional District Registrars as it thanks fit.
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Q:Whether the state Government will have to issue a separate appointment order for each Registrar ?
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| Whether the state Government will have to issue a separate appointment order for each Registrar or an omnibus general order appointing the Registrars by designations?
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It is for the State Government to decide what type of order they must issue in exercise of their power under section 7. There is no objection to issue of an omnibus order if the authority so desires.
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Q: Whether registration of Births & Deaths can be done at any place ?
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| Whether registration of Births & Deaths can be done at any place irrespective of the place of occurrence? Whether an event, which has taken place in Bombay, can be registered in Goa?
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The event can be registered at the place of occurrence only. An event, which has taken place in Bombay, will be registered with the concerned local Registrar in Bombay within whose jurisdiction the event has occurred. The event cannot be registered in Goa.
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Q:Which section of the RBD Act, 1969 indicate that the registration of events should be done ?
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| Which section of the RBD Act, 1969 indicate that the registration of events should be done according to place of occurrence?
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Section 7 (2) read with Section 23 (2) of the RBD Act, 1969 make it very explicit that the Registrar has to register only those events of birth and death which take place in his jurisdiction.
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Q: Whether death occurred in a road accident at Hyderabad could be registered in the area of residence
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| Whether the event of death occurred in a road accident at Hyderabad could be registered in the area of residence of the deceased in Goa on the ground that the dead body was cremated there?
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As per provisions of section 7 (2) of the RBD Act, 1969 the event of births/deaths can be registered only at the place of occurrence. The event, which has taken in Hyderabad, should be registered with the concerned Registrar in whose jurisdiction the event has occurred. As such the event of death under reference could not be registered in Goa. In such cases , it is expected that the event of death might have been reported to the Registrar of births and deaths of the area where the death has occurred by the police officer in charge of Thana under Section 8 (1) (e) of the RBD Act, 1969.
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Q:How the nationality of the incidence of the birth and death of a person can be ascertained ?
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| How the nationality of the incidence of the birth and death of a person can be ascertained by the Registrar?
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The registration authority may register the nationality of non – Indian parents as entered in their passports. If doubt arises, this can be ascertained from the police authority where he or she is registered and issued with residential permit. As regards, the foreigners who pretend to be Indian nationals and the doubt is raised by the local registrar, the only alternative is to get the matter enquired by the police of the area concerned.
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Q: Is the nationality mentioned by the reporter will be taken as valid evidence in the Court of Law?
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| Is the nationality mentioned by the reporter will be taken as valid evidence in the Court of Law?
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The registrar who is functionary under the registration of Births and Deaths Act, 1969 and is appointed by the State Government is obliged to make entries as per the form prescribed under the Rules, although strictly under section 7(2) of the Act, the information required to be entered in the register is confined to information relating to births and deaths only.
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Q:Is it obligatory on the part of the registrar to record in the Birth/ Death register ?
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| Is it obligatory on the part of the registrar to record in the Birth/ Death register regarding nationality?
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The admissibility of evidence as to nationality of a person will be decided by a judge in the light of section 136 of the Evidence Act. The evidentiary value of the record depends upon the truth that it may, in the circumstances, reflect.
Accordingly, the admissibility of evidence and evidentiary value of entries made would depend upon the facts of each particular case.
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Q: In case of delayed reporting of institutional events, what procedure should be followed to register?
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| In case of delayed reporting of institutional events, what procedure should be followed for registration of such events?
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It may be seen from the RBD Act, 1969 that in respect of births and deaths in a hospital, health center, maternity or nursing home or other like institutions, responsibility of informing the events to the registrar lies on the Medical Officer or any person authorized by him in this behalf under section 8 (1) (b) . Therefore any delay in the reporting of institutional events the concerned officer in –charge of the hospital may be held responsible and all the formalities required under section 13 of the Act observed. Further, in such cases the officer concerned can be penalized in accordance with the provisions of section 23 and 24 of the Act.
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Q:Is it necessary to collect late fee for events reported late by(i) institutions(ii) police authority
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| Is it necessary to collect late fee for events reported late by (i) institutions (ii) police authorities? In that case, from whom the fee should be collected?
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If any officer in charge of an institution or police station or barrack does not report an event as required under section 8 of the Act within the prescribed time, he becomes liable to pay late fee and even penalty as provided under sub-section (1) of section 23 of the Act.
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Q: Whether the head of the household may be allowed to intimate to the local Registrar of vital events
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| Whether the head of the household may be allowed to intimate to the local Registrar by post of the occurrence of vital events in the prescribed form?
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There is no objection to the head of the household submitting particulars of occurrence of vital events to the Registrar by post so long as the particulars are as per the prescribed reporting forms 2, 3 and 4 depending upon whether it is live – birth, still birth or death respectively. In this regard, it has been suggested that in such cases, a note may be made in the remarks column of the registers to the effect that the registration is made on the basis of postal reporting and reporting forms 2, 3 & 4 as the case may be preserved as an integral part of the register.
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Q:Whether fisherman reported to have been missed in the sea can be considered as dead
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| Whether fisherman reported to have been missed in the sea can be considered as dead and if so, how registration in such cases can be made?
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The question whether fishermen have drowned in the sea or not is a question of fact. If there is sufficient evidence to prove that the persons missing in the sea had actually drowned in the sea or not is a question of fact. If there is sufficient evidence to prove that the persons missing in the sea had actually drowned, a conclusion on the basis of that evidence may be drawn that they are dead. As regards the presumption of death, such presumption would arise after the expiration of 7 years from the date of missing.
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Q: What procedure is to be followed for registering event of birth in respect of an abandoned child
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| What procedure is to be followed for registering event of birth in respect of an abandoned child and whether the name of parent of such child could be entered in the relevant column?
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Registration of birth of an abandoned child should be made in accordance with the procedure laid down in section 8 (1) (e) of the Act. Entries in the register of births relating to parents of such child should be either “un-known” or whatever the actual position. The names of adoptive parents should not be entered in place if natural parents (i.e. father and mother).
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Q:Whether death certificate could be issued in respect of a person who has been missing
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| Whether death certificate could be issued in respect of a person who has been missing and has not been heard of for seven years?
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The death under section 2 (b) of the Registration of Births & Deaths Act, 1969, means the permanent disappearance of all evidence or life after live–birth has taken place. It will be question, a fact in each case, for the purpose of this Act, whether “death” has taken place as defined in the Act. In view of the entries to be filled in the death register, it is difficult to advise that these columns in death register can be filled on the basis of “burden or proof” only.
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Q: What procedure for registration is to be followed in case of medico–legal cases of death occurred
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| What procedure for registration is to be followed in case of medico–legal cases of death occurred in hospitals?
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In case of medico–legal cases, the hospital authorities/physicians should inform the Registrar concerned, details thereof for follow up action in obtaining required certificate from the police authorities. The object is that on receipt of the information the local Registrar could register the event of death without completing the column of cause of death, making a remark in the remarks column that the “inquest report is awaited”. The cause of death could be filled in later on receiving the inquest report.
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Q:printing of family planning and health Education slogans on the back side of the birth certificate
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| Whether printing of family planning and health Education slogans on the back side of the birth certificate is permissible under the Act?
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It is not desirable to use the birth certificate as publicity measure because of it being a legal document.
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Q: Whether a column regarding cause of death can be inserted in the death certificate issued
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| Whether a column regarding cause of death can be inserted in the death certificate issued by the Registrar in form No. 10?
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As per RBD Act, 1969 the cause of death cannot be disclosed by the Registrar to any person seeking extract under section 17 of the Act and hence Form No. 10, does not include it.
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Q:Whether an extract given under section 12 will have the same evidentiary value as an extract sec.17
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| Whether an extract given under section 12 will have the same evidentiary value as an extract given under section 17 under the Indian Evidence Act, 1872?
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A certified extract under section 17 of the RBD Act, 1969 is intended for use for the purposes of legal dispute or judicial proceeding. In any such case, a document certified in the manner provided in section 76 is admissible in evidence under section 77 of the Indian Evidence Act, 1872, as “proof of the contents of the public documents or parts of the public documents of which they purport to be copies”.
Under section 76 of the Evidence Act any such copy of public document will bear a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and every such certificate shall be dated and subscribed by such officer with his name and his official title shall be sealed whenever such officer is authorized by law to make use of a seal.
As against the above, an extract of the prescribed particulars from the register of births and deaths given under section 12 of the RBD Act, 1969 is intended mainly for purposes of record and may be useful for extra-judicial purposes like admission in an educational institution. It may be mentioned in this connection that fees are chargeable in respect of certified copies under section 17. However, if the administrative Ministry desires to allow an extract under section 12 to serve the same purpose as a copy given under section 17 the same can be achieved by providing in the rules that at the foot of copy of extract given under section 12, a certificate shall be given to the effect that it is a true copy of such document and every such certificate shall be dated and subscribed by such officer with his name, title and seal of office. If this is done, the extract under section 12 will also qualify as a certified copy within the meaning of section 77 of the Evidence Act, but no fee can be levied for grant of copies under section 12.
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Q: Whether the age of the diseased is to be shown in death certificate.
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| Whether the age of the diseased is to be shown in death certificate?
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It is not desirable to record the age of the diseased in the death certificate. (Form no.10). The column for age in the death register has been provided mainly for statistical purposes. If any person wants to establish the age of the diseased for any purpose he has to produce the deceased’s birth certificate or any other secondary evidentiary proof relating to the age of the diseased.
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Q:Whether birth/death certificate could be issued in the language other than the language
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| Whether birth/death certificate could be issued in the language other than the language in which entries are made in birth/death register?
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Extracts from birth/death register are to be issued only in the language in which entries have been made in the register.
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Q: Whether a Still Birth Certificate could be issued under the provisions of Act and the State Rules?
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| Whether a Still Birth Certificate could be issued under the provisions of Act and the State Rules?
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According to section 2(1) (a) of the Act, word/term “birth” means live birth or still birth. As such, extract from still birth register (form no 12) could be issued in form no.9 with an appropriate changes in the wording in that form such as information has been taken from the original records of still birth------ date of still birth and place of still birth instead of word “birth” given in that form.
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Q:Whether extracts of birth/ death under section 12 could be given free of charge
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| Whether extracts of birth/ death under section 12 could be given free of charge also in respect of the events registered under section 13 of the Act?
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Section 12 of the Act contemplates giving of extracts free of charge to the person giving information under section 8 or section 9 thereof. The provision of this section is, therefore, not applicable in relation to the event registered under section 13.
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Q: Whether birth or death extracts could be issued in the language, other than the language
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| Whether birth or death extracts could be issued in the language, other than the language in which the relevant register is maintained?
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Extracts from the register of birth and death should be issued in the language in which the entries are made in the register. However, there is no objection, if the registrar also issues separately a copy of such extracts in other language. But such copy should be marked at top “Translated Version”.
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Q:Whether events occurring prior to the date of enforcement of the RBD Act, 1969 can be registered?
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| Whether events occurring prior to the date of enforcement of the RBD Act, 1969 can be registered?
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The events of births and deaths which occurred prior to the coming into force the RBD Act, 1969 can be registered under the provisions of the Act. The provisions of section 13 which related to delayed registration can also be applied in registration of such events.
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Q: Whether the Registrar is liable to pay late fee in cases of any delay on his part in registering
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| Whether the Registrar is liable to pay late fee in cases of any delay on his part in registering an event under section 13(1) and 13(2) of the Act?
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Section 13(2) is attracted when the information required as per section 8 or section 9 of the Act is furnished after thirty days but within one year of the date of occurrence of the event. However, section 13(3) is attracted when an event has not been registered within one year of occurrence.
Section 13 only speaks of payment of late fee under relevant sub-sections by the party concerned. There is no provision for payment of late fee by the registrar for any delay on his part in registering an event. However, the Registrar can be penalized for any undue delay on his part in registering an event. Section 23(2) provides that any Registrar or Sub-Registrar who neglects or refuses without reasonable cause, to register any birth or death occurring in his jurisdiction or to submit any return as required by sub-section (1) of section 19 of the Act, shall be punishable with fine which may extend to Rs.50.
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Q:Whether the event of birth could be registered at the place other than the place of occurrence
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| Whether the event of birth could be registered at the place other than the place of occurrence under the provisions of delayed registration as laid down in section 13(3) of the Act?
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The event birth/death is to be registered under section 13(3) of the RBD Act, 1969 at the place, where the event took place. In such cases, the registration should be made only on order of the Magistrate having jurisdiction over the area concerned.
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Q: Whether there is any time limit prescribed for delayed registration of births & deaths
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| Whether there is any time limit prescribed for delayed registration of births & deaths under section 13(3) of the Act?
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Under the provisions of section 13(3) of the Act, as it exists at present, there is no time bar on delayed registration of such events.
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Q:Who is the competent authority for collecting fee payable under section13 & corresponding State rule
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| Who is the competent authority for collecting fee payable under section 13 and corresponding State Rule?
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Fees and penalties imposed for late/delayed registration under section 13 and 23 of RBD Act, 1969 and corresponding State Rules, are to be paid to the concerned Registrar of Births and Deaths, unless some other officer has been appointed or authorized for the purpose under the State Rules.
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Q: Whether the column relating to the name of the child registered before 1-7-1970 can be filled in ?
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| Whether the column relating to the name of the child registered before 1-7-1970 (i.e. before the date of implementation of the Registration of Births & Deaths Act, 1969) can be filled in or not?
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By virtue of provision under section 31(2) of the Registration of Births & Deaths Act, 1969, the entries made in respect of births & deaths under the repealed law would, therefore, be deemed to have been made under the provisions of this Act and continue in force until superseded by anything done or any action taken under this Act.
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Q:Whether penalty can be imposed under section 23(4) if any person fails to report the name of child
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| Whether penalty can be imposed under section 23(4) if any person fails to report the name of the child to the Registrar within the time prescribed in the state rules?
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In case where the birth of a child has been registered without name and the parent or guardian of the child gives information regarding name of the child the Registrar after the prescribed period of 12 months, the Registrar shall enter name in the register on payment of a late fee of rupees two (Rule 11(1) of Model Rules). If the information is delayed without any reasonable cause he shall also be punishable with a fine which may extend to ten rupees under section 23(4) of the RBD Act, 1969 and the corresponding State Rules.
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Q: Whether all corrections of other nature are to be made in the same manner as the correction of date
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| Whether all corrections of other nature are to be made in the same manner as the correction of date of birth and the same procedure shall apply for the supply of certified copies?
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Rule 12 of the Chandigarh Registration of Births and Deaths Rules, 1974 provides for uniform rule which applies to all types of corrections including date of birth and supply of certified copy.
Rule 12(4) of Chandigarh Registration of Births and Deaths Rules, 1974 requires convincing proof by the Registrar and provides for elaborate procedure for effecting corrections under section 15 of the Act.
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Q:Whether the date of birth can be corrected on the strength of a declaratory decree
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| Whether the date of birth can be corrected on the strength of a declaratory decree obtained by another party from a competent court?
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The application for correction of age has to be made by the person concerned and not by another person.
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Q: Whether expansion of name by adding father’s and mother’s name in the registration record is covered
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| Whether expansion of name by adding father’s and mother’s name by way of correction in the registration records is covered under section 15 of the RBD Act, 1969?
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The provisions of section 15 of the Act are not attracted in such cases as these involve a change of name.
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Q:addition of name in old birth register
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| Whether addition of name in old birth register could be made in respect of events occurred and registered prior to the coming into force of the RBD Act, 1969?
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By virtue of provision of 31(2) of the Registration of Births and Deaths Act, 1969 the entries made in respect of births and deaths under the repealed law would, therefore, be deemed to have been made under the provision of this Act and continue in force until superseded by anything done or any action taken under this Act. It, therefore, follows that the events registered before the enforcement of this Act 1969 will continue to be regulated under the provisions of the aforesaid Act.
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Q: Whether expansion of initial before name is possible under section 15 of the RBD Act, 1969.
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| Whether expansion of initial before name is possible under section 15 of the RBD Act, 1969?
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If the Registrar feels that the earlier writing of short name (initials) was erroneous in form or substance, he may correct the same.
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Q:Whether corrections in the name of father and grand-father could be made in the birth entries
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| Whether corrections in the name of father and grand-father could be made in the birth entries on the basis of court’s judgment?
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Section 15 of the Registration of Births and Deaths Act, 1969 provides for correction or cancellation of entry in the register. For this purpose, it has to be proved to the satisfaction of the Registrar that any relevant entry is erroneous in form or in substance (etc.). Even then, the original entry is not to be deleted or altered and a marginal entry is to be made. Rule 12 then deals with specific procedure to be followed. It does not seem to be a case of any formal error but the entries seem to be erroneous in substance…….if erroneous at all. For this purpose sub-rule (4) specifically provides for declaration by two credible persons having knowledge of the facts of the case. Further, the Registrar may before arriving at the satisfaction like to give opportunity to show cause to the mother or the persons who had given the report earlier.
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Q: changes made in the name of father/mother through Gazette notification
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| Whether the changes made in the name of father/mother through Gazette notification or otherwise subsequent to the date of registration of birth of child,could be incorporated in the birth register?
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As such changes in the name are not covered under section 15 of the Act, these need not be incorporated in the birth register.
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Q:Whether fee could be charged for correction/cancellation of entries in the birth/death register.
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| Whether fee could be charged for correction/cancellation of entries in the birth/death register.
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Section 30(2) (e) of the Registration of Births and Deaths Act, 1969 does not envisage making of provision in the state rules for charging of fee for correction/cancellation of entries in birth/death register under the provisions of section 15 of the Act. As such, no fee could be charged in this regard.
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Q: Whether correction in the entry relating to name and sex in birth register could be made
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| Whether correction in the entry relating to name and sex in birth register could be made on the basis of a certificate from the surgeon performing such corrective operation.
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The entries relating to name and sex of such child may be allowed if the surgeon performing corrective operation certifies the sex of the child.
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Q:Whether ball-pen or dot-pen can be used for making entries in the register of births and deaths.
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| Whether ball-pen or dot-pen can be used for making entries in the register of births and deaths?
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While making entries in the registers of births and deaths, use of ball/dot pen is not desirable as its use puts more strain on the paper. This was perhaps a reason that use of ink has been specifically recommended by the First Conference of the Chief Registrars for making entries in the registers. However, there is no objection if ball/dot pen is used while preparing the monthly returns etc., which are not to be preserved permanently.
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Q: Whether a person can apply for a search only or he has to apply for search as well as grant of extra
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| Whether a person can apply for a search only or he has to apply for search as well as grant of extract at the same time?
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Under the rules made by the state Government, under section 17 of the Act, separate provisions together with fees therefore exists for causing the search of the event and for giving extracts from the register relating to a birth or death. In view of aforesaid position, it would be possible for a person to apply only causing a search for any entry in the register and he need not apply for both searching and obtaining extract. He can be informed regarding the existence of the event in the register.
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Q:How long copies of monthly reports of birth and death should be preserved
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| How long copies of monthly reports of birth and death should be preserved and what should be the procedure for destruction of such reports.How long copies of monthly reports of birth and death should
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The monthly statistical returns are of not much consequences after the data is tabulated, it is left to the Chief Registrar to destroy them as and when they feel that the returns have lost their utility according to the procedure being followed in this regard in their respective State/Union Territories.
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Q: Whether the Chief Registrar or his nominee can inspect the work of registration?
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| Whether the Chief Registrar or his nominee can inspect the work of registration under section 4(4) of the Act as section 18 of the Act provides that the registration offices shall be inspected and registers kept therein shall be examined in such a manner and by such authority as may be specified by the District Registrar?
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The Registrar will have to work under the control and supervision of the District Registrar and the District Registrar will have to work under the control and supervision of the Chief Registrar. Under section 4(4), the Chief Registrar shall either by issue of suitable instructions or otherwise, take steps to co-ordinate, unify or supervise the work of registration in the state. The word “Supervision” will include inspection. The dictionary meaning of word “Supervision” is to direct or watch with authority the work or proceedings or progress of anything. Inspection means to look closely into, to examine officially etc. Unless the person has the right to examine or look closely he cannot direct or watch with authority. Therefore, the authority of the Chief Registrar or his nominee to inspect the work of registration is implied within his authority to supervise under section 4(4). This further finds support in sub-section (2) of section 6 of the Act under which the District Registrar has to act subject to the direction of the Chief Registrar and to carry into execution the orders of the Chief Registrar. Section 18 provides for internal inspection of the registration offices within the jurisdiction of the District Registrar, but that does not take away the right of the Chief Registrar under section 4(4) to supervise the registration work throughout the state which by implication includes inspection of any registration office in any district in state.
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Q:Appointment of the Registrar for the Cantonments
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| Who will appoint the Registrar for the Cantonments – the State Government or the Central Government (The Ministry of Defense)? Will the rules made by the state Government be applicable to the Cantonment, or will the Central Government Ministry of defense (Director, Military Land Records) have to make uniform rules for all the cantonments?
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So far as the cantonments are concerned for the purpose of entry 30 of the concurrent list of the constitution, the “the state Government” is not the central but the state Government itself. It is only in relation to certain matters specified in the entry 3 of the Union List viz. Delimitation. Local self Government etc. which are the concern of the central Government all other functions appear to be that of state Government. It would be advantageous, however, to request the state Government to appoint cantonment authorities as the Registrars of births and deaths in these areas, so that there would be no difficulty in properly working out the Act.
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Q: What is the correct procedure to be followed to make entry in the birth register in case...
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| “A” objects to his name: being entered in the birth register as father of a child born to his wife “B” on the ground that they are no longer living together and the conception took place outside conjugal life. The name of ‘A’ as father of child has been giving by ‘B’. What is the correct procedure to be followed in similar cases and especially in the present case?
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Since the birth has occurred to a parent who is legally married and in absence of separation decree, ‘A’ cannot refuse himself to be the father of the child on the contention that conception took place outside their conjugal life. As information is being given by ‘B’ and the record is only an evidence of birth, objection of ‘A’ may not be entertained.
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Q:Whether Births or deaths of foreign nationals in India can be registered in India ?
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| Whether Births or deaths of foreign nationals in India can be registered in India at the place of occurrence? Or, whether the births or deaths of foreign nationals in India are to be registered only in the respective foreign consulates as required in the case of births and deaths of Indian citizen abroad under section 20(1) of the Act?
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Section 7(2) of the RBD Act, 1969 provides for the registration of every birth and death irrespective of nationality. The birth of the child of the foreign national may be registered by the local Registrar and a birth certificate to this effect may be issued under section 12 of the Act. Section 20(1) of the Act is not applicable in such cases.
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Q: Registrar may appoint Sub – Registrar and assign to them any or all of his powers and duties
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| Under sub – section (5) of section 7, the Registrar may appoint Sub – Registrar and assign to them any or all of his powers and duties. Would there be any consistencies with the Act if a rule is made or directive issued from the Registrar General, India, under section 3 (3) to the effect that the powers of the Registrar conferred under section 12 and 15 should not be assigned to the Sub – Registrar?
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Any such rule or directive by the Registrar General, India, under section 3 (3) of the Act, would not be consistent with the provisions of section 7 (5). Perhaps, the Chief Registrar may, while approving the appointment of Sub – Registrars under section 7 (5), instruct the Registrar not to delegate functions to Sub – Registrars.
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Q:Deaths aboard ships
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| Deaths aboard ships, while on sea are reported to the Director General of shipping by the captain of the ship at the next port of call, under section 214 of the Merchant Shipping Act, 1948. In respect of deaths of Indian Citizens, the Director General of shipping shall under that Act send a certified copy of such reports to the appropriate registration authority of that state where the deceased was a normal resident. The question arises as to what is the exact procedure of registering and where to register such events?
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All deaths occurring on sea shall be registered formally only in the local registration area of which the deceased was a normal resident. The Chief Registrar may arrange to pass on the certified copies of deaths aboard ships received from Director General, shipping to the concerned local registrar, who shall register the same, after obtaining all relevant information from the next of kin of the deceased and making special remark about the report received through Director General of shipping. After such registration, extract may be issued in Form 10 to the informants.
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Q: will it not be proper to add one column in forms 2, 3, 4, 11, 12, and 13 for indicating relationship
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| The Persons eligible for reporting births and deaths for registration of events have been specified in section 8 of the Act. But it is not possible to know from the name of the informant mentioned in form 2,3 or 4 whether he is eligible to report the event or not. Since the registration of the events is legalized, will it not be proper to add one column in forms 2, 3, 4, 11, 12, and 13 for indicating the relationship?
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In respect of domiciliary event, a person specified in section 8 can also arrange to give the information through some other person, who need not be related to the new born or deceased as the case may be.
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Q:Whether report of death aboard ship have to be registered under section 13 of the Act?
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| The report of death aboard ship from the Director General, shipping is usually received very late after the actual deaths has taken place. Whether such events have to be registered under section 13 of the Act?
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The registration of death on the basis of a report from Director General, shipping do not fall in the same category as the events that occur on land for which the Act casts duty on specified persons. Therefore section 13 is not attracted in case of registration of events reported by Director General, shipping.
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Q: Exact date of death is not known
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| A police officer has forwarded a death report along with the inquest report for the registration of the death of a person. But, in the death report the date of death in noted as between ‘9.6.1975 and 14. 6.1975’. Since exact date of death is not known as the deceased was missing from 9.6.1975 onwards and dead body was found only on 14.6.1975. The inquest report was signed by the police officer on 14.6.1975. In the circumstances, whether it will be sufficient to note the date of death in the register as between 9.6.1975 and 14.6.1975 since no body can correctly say the actual date of death?
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It is likely that the case of death was subjected to a detailed investigation and in such cases, normally post – mortem medical examination of the body is done. The post-mortem report may in that case indicate a more precise probable date of death and actual date of death.
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Q:Registration of births and deaths occurring in a hospital
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| As per section 8(1)(b) of the RBD Act, 1969, registration of births and deaths occurring in a hospital has to be effected on the basis of information given by doctors. Form 5, 6, 7 have been supplied to the hospitals as prescribed in section 10 but information are still being received in old forms. It may be clarified if registration can be effected on the basis of information received in old form.
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Under section 8(1)(b) of the RBD Act, 1969, it is the primary duty of the Medical Officer – in – Charge of hospital, health center maternity or nursing home or other like institutions to give or cause to be given either orally or in writing according to their best knowledge or belief and within such time as may be prescribed, information to the registrar of the several particulars required to be entered in the forms prescribed by the State Government under sub-section (1) of section 16. The office- in –charge of such institutions are statutorily enjoyed to register events occurring in such institutions with the registrar of the local area where such institutions are located. Public has no responsibility in this regard. Rule 5 under the above said section has prescribed period and forms. The officer – in – charge of such institutions has to supply information in Forms 2 for live – births, in Form 3 for still births and in Form 4 for deaths, in the same manner as the public. Forms 5, 6 and 7 which have been prescribed under section 10 are meant for notifying the events by the notifires specified in section 10. They contain very few particulars. Registration cannot be effected on the basis of information contained in the notification form as it does not give all the particulars necessary for registration.
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Q: A ship with all persons aboard was drowned in the mid-sea...
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| A ship with all persons aboard was drowned in the mid-sea so that no one could be expected to report the matter at the next place of halt. In the situation it seems necessary that the registration of deaths should be done on the basis of the letter from the shipping Master, Ministry of shipping and Transport, Government Shipping Office, Bellard Estate, Bombay-1, addressed to the wife of deceased and which has been produced as an evidence by the applicant. However, it seems from the said letter that the deceased was a resident of Junagadh district. In view of this it is not clear as to how the applicant seeks the death to be registered in Diu?
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The provision of the Act and the rule made there-under do not squarely provide for a situation where even the in-Charge of the ship along with the seamen and other people on board have been drowned leaving behind nobody to report about the incident. Rule 6 speaks of the person in-Charge of the ship to give information under sub-section (1) of section 8 at the first place of halt. There was no in-charge of the ship left behind in the instant case. On the basis of the information conveyed by the shipping master, Ministry of shipping and Transport, Government Shipping Office, Bellard Estate, Bombay-1, received by the wife of the deceased, the information of such death could only be given by the wife of the deceased or his heirs which should be regarded proper. Although such information according to sub-section (1) of section 8 should be given to the local registrar of the area of the state, however, if the delegation of such power is being made by the Central Government in favour of another authority, registration could possibly be done by him also. But such registration should normally be done at the place of which the deceased was resident.
In view of this, in such situation where the ship itself seems to have drowned in mid-sea the next of the kin of the deseeded could alone be expected to report the event of death and the same should be regarded as proper. Registration of such case may be done at the place of which the deceased was normal resident.
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Q:whether births occurring in hospitals in towns have to be registered by the registrar of the area
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| It may be clarified whether births occurring in hospitals in towns have to be registered by the registrar of the area in which the hospitals are situated or is it possible to register such births at the place of the normal residents of the concerned families?
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The events occurring in a hospital will be registered with the registrar of the area in which such hospital falls. They will not be registered at the place of normal residence, since registration is done at the place of occurrence.
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Q: Whether the reports of deaths or copies of such reports are to be passed on to the local registrar
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| Whether the reports of deaths furnished by the Director General, of shipping, Bombay are to be passed on to the local registrar or only copies of such reports are to be sent to Registrars for registering the events while retaining the original reports for preserving them as permanent record in chief registrar's office?
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Certified copies (in original) of death report received from Director General, shipping may be sent to the concerned local Registrars. This will help the Registrar to retain the report as integral part of the register. The Chief Registrar's office need only keep a record of the receipt of such report and forwarding of the same to the concerned Registrars.
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Q:Whether it is justifiable to realize late fee
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| One particular person committed suicide by hanging during the period between 26.6.76 and 2.7.76. The Inquesting Officer has reported that the deceased person was identified only one 18.7.76. When he reported the death for registration, the registrar demanded the late fee prescribed. Whether it is justifiable to realize late fee in such cases?
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If the exact date is not known, it may not proper to rule that there has been a delay in reporting. As the report has been made by an officer of the police department of the Government, the Registrar cornered may be advised that strict interpretation of the law on the subject should not be made and the event should be registered with a suitable remark in the remarks column.
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Q: Whether payment of late fee is involved in cases where reports are send on the last day
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| Certain institutions send the birth or death reports on the last day of the reporting period and naturally the Registrar finds it difficult to register all the events on the same day. If the next day or next few days are holidays, registration is further delayed. Whether payment of late fee is involved in such case?
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The question of late fee does not arise in this case as the events have been reported within the prescribed period. The registration can be done on the next working day after the holiday.
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Q:whether local Registrar shall presume identical procedure as in the case of illegitimate birth?
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| In the absence of any specific provisions for registration of illegitimate births in the statute itself whether local Registrar shall presume identical procedure as in the case of illegitimate birth? Whether the foot note 1 in Form No .11 (birth register) of West Bengal Registration of Births and Deaths Rule, 1972 is as good as law?Section 7(2) of the Act requires a Registrar to take steps to inform himself carefully of every birth or death which takes place in his jurisdiction. There may be reasons for special precaution in case of registration of illegitimate births and suspected deaths. Please provide guidelines.
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The procedures for registration of legitimate and illegitimate births are the same. In case of entry of an illegitimate birth the word ‘illegitimate’ has also to be entered in remarks column of the register. However no person’s name may be entered as that of father unless there is a joint request of the couple. The foot notes in Form No.11 of the state rules to this effect are guidelines to the Registrar for registration in such cases. Since Form 11 is part of the rules framed under the Act the foot – notes are as good as law.
In order to inform himself of the events of births/deaths occurring in areas of his jurisdiction the Registrar may require any person to furnish information within his knowledge in connection with a birth or death in the locality within which such person resides and that person shall be bound to comply with such requirement as provided under section 21 of the Act. As regards problem of ensuring protection for the Registrars for registering illegitimate births and suspected deaths, it may be mentioned that under section 26 of the Act, a Registrar is a public servant within the meaning of section 21 of the I.P.C. of 1860 and no legal proceedings shall be instituted against him while exercising or performing any of his duties under this Act, as provided under section 28 (1) of the RBD Act, 1969.
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Q: whether the officer who conducts the inquest shall give the information to the concerned Registrar.
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| According to rule 6(2) of the Kerala Registration of Births and Deaths Rules, 1970 in the case of deaths not falling under clauses (a) to (e) of sub – section (1) of section 8 in which and inquest in held , the officer who conducts the inquest shall give the information to the concerned Registrar. The doubt is now raised in respect of a suicide committed in a house. Though the officer who has conducted the inquest has been asked to report the event, he has replied that in view of the rule 6(2) and because the event has happened in house it is to be reported by the person mentioned in section 8(1)(a) and not by him. Please provide necessary clarification.
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In the case, it is the duty of the head of the household to report the death. Rule 6(2) of the Kerala Registration of Births and Deaths Rules 1970 is not applicable here. However, the officer who has conducted the inquest can be asked to notify the death, under section 10(1)(iii) of Act, to registrar, in such manner as prescribed in rule 7 of the state rules.
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Q:Who is responsible for reporting of the event of birth/death in following circumstances?
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| Who is responsible for reporting of the event of birth/death in following circumstances?
(i) If a case twin delivery is admitted in the Hospital wherein the first baby was born out side the Hospital and the second baby, after lapse of some time, is delivered at the Hospital.
(ii) If the first baby born out side the hospital is not brought to the Hospital along with the mother and subsequently expires.
(iii) If the delivery took place out side the Hospital and subsequently the mother admitted in the Hospital along with the new born baby for any puerperal complication.
(iv) If the patient is brought dead to the Hospital.
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In all the four circumstances of births/deaths took place outside the Hospital. Hence it is not the responsibility of the hospital authorities to report the occurrence of the event to the registration authorities. However, in the case cited at (i) while making the report of the second baby it is to be mentioned in the remarks column that it is a twin and fact to the effect that the first baby was born out side the hospital is also to be mentioned.
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Q: whether it is necessary to issue extract to Medical Officers.
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| As per section 12 a Registrar shall, as soon as the registration of a birth or death has been completed, give free of charge, to the person who gives information under section 8 or 9 an extract of the prescribed particulars under his hand from the register relating to births or deaths. In the case of birth and death which occurred in medical institutions, the Medical Officers in-charge, are the informants. Now certain registrars have raised a doubt whether it is necessary to issue extract to such Medical Officers.
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The section 12 of the RBD Act, 1969 reads as “The Registrars shall as soon as the registration of births and deaths has been completed, give free of charge, to the person who gives information under section 8 or section 9 and extracts of the prescribed particulars under his hand from the register relating to such birth or death”. As the Medical Officer In-charge is the informant under section 8 (1) (b) in case of institutional events, extracts should be issued to him who will transmit them to the parents or relatives of the new born or the deceased as the case may be.
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Q:General public are demanding more than one copy of certificates
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| Section 12 empowers the Registrar to issue an extract of the prescribed particulars under his hand from the registers relating to such birth or death. The Life Insurance Corporation etc. are insisting upon original copies of death certificates and they are not accepting the true copies of the certificates. Now a-days the general public are demanding more than one copy of certificates. What is to be done in such cases?
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Section 12 of the Act, provides for issue of extract only. However any number of copies of the extract can be given on payment of prescribed fee under section 17 of the Act, if required. The extract issued under section 17 of the Act, has evidentiary value and serves the same purpose as extract under section 12 of the Act.
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Q: Whether extract can be given free of charge to the person in case of delayed registration
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| Section 12 provides that registrar shall give free of charge, to the person who gives information under section 8 or section 9 an extract of the prescribed particulars from the register relating to such birth or death. Whether extract can be given free of charge to the person in case of delayed registration under section 13?
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Section 12 of RBD Act, 1969 contemplates giving of extracts free of charge to the person giving information under section 8 or section 9 thereof. The provisions of the section are, therefore, not applicable in relation to the section 13. The extracts of charge therefore, cannot be given to the persons giving information to the Registrar under section 13 of the Act.
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Q:Whether an extract can be produced in proof of the fact of birth/death,civil status of individual
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| Section 12 of the RBD Act, 1969 provides that as soon as the registration of birth or death is completed, the registrar should give an extract of the prescribed particulars under his hand from the register relating to such birth or death. Also section 17(2) provides that an extract can be obtained from the birth or death register subsequently on payment of fees and that such certificate shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. Whether such an extract can be produced in proof of the fact of birth or death and in proof of the civil status of the individual citizen arising from paternal, filial and marital relationship?
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Entries in birth and death registers are public documents and are admissible as evidence under section 35 of the Indian Evidence Act, 1872. However, these entries are only conclusive evidence of the fact of birth or death, as the case may be. Other particulars as to which the registering officer concerned can have no personal knowledge or no means of checking cannot be treated a conclusive evidence. Where, for example, for a record in the birth register, the name of the father appears to have been furnished by the mother, that by itself cannot be conclusive evidence of paternity, being a unilateral statement by an interested party.
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Q: Whether payment of late fee under section 13(1) of Act and corresponding states rules can be waived
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| As per section 13(1) of the RBD Act 1969, registration of events after the expiry of specified period is possible on payment of prescribed late fee. It has been reported from certain parts of the country that due to public disturbances and imposition of curfew etc. or in similar other situation births and deaths could not be registered within the specified time limit. In some cases the events could not be registered for more than two months. Whether payment of late fee under section 13(1) of the Act and corresponding states rules can be waived by the state Govt. in such situation? Whether the power of waiving can be exercised by the authority of the state Govt. itself?
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It may be seen that the substantive provision in section 13 speaks of “payment” of such late fees as may be prescribed. There is no provision either in this section or anywhere in the Act which provides for any exemption from payment of late fee. The section 30 authorizes the state Govts. to make rules with approval of the Central
Govt. and clause (1) of sub-section (2) of this section provides for making rules for the fees payable for registration made under section 13. Thus it is seen that legislative intent as incorporated in the section 13(1) of the Act is that late fees shall be payable in case of delayed information but the quantum of fee only can be prescribed by rules made by the state Govts. in exercise of powers under section 30 of the Act. The Act does not provide for waving of late fee under any circumstances in case the information is delayed beyond the period specified for the purpose. Next point is whether a provision for exemption can be made in the rules. The law is settled on the point that subordinate legislation shall remain within the scope of the Act wide Chaman Lal Vs. State of U.P. (AIR 1955 S.C. 435) the subordinate legislation can not be beyond the statute vide state of Assam Vs. Kidwai reported in (1957) S.C.R. 295 (317). In the instant case neither Act provides for any exemption nor it authorizes making of rules which may provide for exemption. Where statue provides for payment of fee in a particular matter the provision for exemption from payment of such fee becomes an essential legislative function. It can not be delegated unless the statue lays down the policy and specifies the class or classes of cases in which, and circumstances under which exemption may be granted. Since there is no such provision in the statue in the instant case, provision for exemption can not be made in the rules. The authority to make rules to carry out the purposes of the Act as mentioned in section 30(1) does not extend to the making of rules for the purposes not envisaged under the Act, not authorized by the Act.
In the present circumstances as the law stands at present there is no scope for exercising any power of exemption either by any state Govt. or by the Central Govt.
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Q:How the State Governments, can organize a “Registration Week”?
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| Some state Governments are proposing to organize “Registration Weeks”. They are of the view that by organizing such a campaign there will be some impact and more and more people will come to know about the registration. The State Governments intend to exempt/waive payment of late fee during the registration week a gesture in the spirit of the campaign. However, the Act does not provide for waiving of late fee under any circumstances, if the report is delayed beyond the specified period. In the circumstances, it may be suggested as to how the State Governments, can organize a “Registration Week”.
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There is absolutely no doubt that there is no power to exempt the payment of late fee for delayed registration, RBD Act,1969 refers to the payment of such late fee as may be prescribed by the State Government under the rules . ‘Such fee’ does not mean no fee at all. However, it would be permissible to fix a nominal amount of fee say 5 paise or 10 paise, for delayed registration of these events during the observation of ‘Registration Week’ by providing for the same in the rules made under provisions of that section by the State Government.
However, certain difficulties are likely to arise under sub-section (3) of the section 13. Any birth or death which has not been registered within one year of its occurrence can be registered only on an order made by magistrate of the first class or a Presidency Magistrate. In view of this provision every case of such delayed registration will have to be determined by a Magistrate and proceedings before such Magistrate will take its own time. Thus aspect therefore, requires careful consideration.
Besides the aforesaid, every case of delayed registration may also attract the penal provisions of section 23(1) and (4) of the Act. Section 24, however, empowers any officer authorized by the Chief Registrar to compound such offences, by accepting a composition fee not exceeding Rs. 50. In view thereof, in every case of delayed registration during the ‘week’ some compounding fee will have to be taken from the concerned persons, which may be a nominal fee.
Care will also have to be taken during the said ‘week’ to see that the benefit of delayed registration is not misused by way of recording incorrect dates of births with a view to getting favourable benefits in Government service.
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Q: The Registrar registers the event after 6 days from the date of receipt.
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| A person furnished the information to the Registrar in writing on 29th day from the date of occurrence by payment of late fees under section 13(1). The Registrar registers the event after 6 days from the date of receipt. It may be clarified whether the Registrar is supposed to pay any penalty for the registration of the event mentioned and obtain the written permission from the District Registrar.
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Section 13(2) is attracted only if information is given to the registrar after thirty days.
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Q:A person informed an event to the Registrar ten months after the occurrence of the event
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| An instance has come to the notice of the Chief Registrar, Kerela wherein a person informed an event to the Registrar ten months after the occurrence of the event. As per section 13(2) of the RBD Act, 1969 and corresponding state rules10 (2), sanction of District Registrar is required for registering the event. The informant was instructed to produce the written permission of the District Registrar. By the time the informant produce the written sanction under rule 10(2), one year had elapsed and consequently sanction from the First Class Magistrate become necessary for registration of the event as provided under section 13(3) of the Act and the corresponding state rules 10(3). This has caused inconvenience to the party. In order to avoid such inconvenience the following procedure is suggested for consideration.
The Registrar may enter the details of the event in the register without signature of the informant and without his own signature on receipt of a provisional written permissi
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It may be found that sub-rules (1), (2) & (3) of rule 10 of the Kerela Registration of Births and Deaths, Rules 1970 are mutatis mutandis same as sub-sections (1), (2) & (3) of section 13 of the RBD Act 1969 except providing the quantum of late fee. Rule 10(3) as well as section 13(3) provides that any birth or death which has been registered within one year of its occurrence shall be registered only on an order by a Magistrate of specified class and payment of specified fee. It is, significant that while sub-section (1), (2) of section 13 speak of information as to birth or death being given. Sub-section (3) speaks of registration within the specified period. The word “registration” has not been defined in the Act. Section 11 provides for the manner in which it is to be done. Once the said action is complete, it can be said that birth or death has been registered. Mere filling the relevant columns without signatures of the informant and of the Registrar will not amount to registration under section 11 and therefore it cannot be said that birth of death has been registered for the purpose of sub-section (3) of the section 13. The provision contained in section 13(2) makes distinction between the giving of information and the registration and requires written permission of prescribed authority before the occurrence is registered. As stated above if the registration process has not been completed within one year, the order of the Magistrate will be required under sub-section (3). Neither the Act nor the rules provide for any provisional written permission from the District Registrar. Section 13(2) of the Act as well as rules 10(2) of the rules envisages one type of written permission from the prescribed authority and for this purpose the District Registrar appears to be the prescribed authority. If the registration process has not been completed, rule10 (3), will be attracted. Amendment of rule 10(2) will not be of any help in view of the provisions contained in sub-section (2) and sub-section (3) of section 13 of the Act. Remedy lies either in quick disposal of the case by the prescribed authority under section 13(2) or suitable amendment of the Act.
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Q: Authority to exercise power under rule 10(3) of West Bengal Registration of Births and Deaths Rules
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| After coming into operation of the Criminal Procedure Code, 1973 with effect from 1/4/1974, the Government of West Bengal has requested that the authority to exercise power under rule 10(3) of West Bengal Registration of Births and Deaths Rules, 1972 be given to Executive Magistrate. As only a First Class Magistrate or a Presidency Magistrate is specified in section 13(3) of the Act, the authority can now be exercised only by a judicial Magistrate of the 1st class or a Metropolitan Magistrate and not by Executive Magistrate. It is also for advice whether it would require amendment of the RBD Act, 1969, itself or only an amendment in the rule 10(3) of the West Bengal Registration of Births and Deaths Rules, 1972 would serve the purpose of specifying the appropriate Magistrate allowed by the Cr. P.C. 1973.
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Sub-section (3) of section 13 of the RBD Act, 1969 provides that in case of delay of registration of birth or death beyond one year of its occurrence the same shall be registered only on an order made by a Magistrate of the first Class or a Presidency Magistrate after verifying the correctness of birth or death and on payment of prescribed fee.
This function of verifying the correctness may involve the appreciation or sifting of evidence or the formulation of a decision but that decision will not expose any person to any punishable or penalty or will not have the effect of sending any person for a trail so as to bring this function within the meaning of clause (a) of sub-section (4) of section
3 of the Cr. P.C., 1973. At the most it may be said to be quasi-judicial function. Under the RBD Act, 1969, the function under section 13(3) of the said act is treated as administrative or executive in nature. Clause (b) of sub-section (4) of section 3 of Cr. P. C. 1973 provides that the functions which are administrative or executive in nature exercisable by a Magistrate under any Law other than the code, shall be exercisable by an Executive Magistrate in view thereof the function under sub-section (3) of section 13 of the RBD Act, 1969 can be exercised by an Executive Magistrate.
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Q:Whether District Statistical Officer(District Registrar) can work in place of first class Magistrate
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| Whether District Statistical Officer (District Registrar) can work in place of first class Magistrate under the provisions of sections 13 (2), 13 (3) of the RBD Act, 1969 and rules 10 (2) and 10 (3) of Bihar Registration of Birth and Deaths Rules, 1970?
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Section 13 (2) and (3) of RBD Act, 1969 and rule 10 (2) (3) of the Bihar Registration of Births and Deaths Rules, 1970 provide for separate authorities to grant permission for the delayed registration of births and deaths. Order of the first class Magistrate is required only in case of births / deaths not registered within period of one year and provisions of section 13 (3) only are applicable in this case. The District Statistical Officer who is district registrar can not be given the powers of first class magistrate as the Act, does not provide for delegation of theses powers to any other person.
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Q: Any birth or death which has not been registered with one year of its occurrence
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| As per section13 (3) of the RBD Act, 1969 any birth or death which has not been registered with 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. Recently an instance has been brought to the notice of this office by one of the registration offices wherein the order from the first class magistrate states that the birth to be registered is that of an adopted son of a couple. However it was, verified that the adoption was not legally established under the adoption low in force. Neither the legitimacy of the person concerned can be proved since the persons who adopted him or all dead, nor it is possible to know the name of his real parents as for registration purpose, the order issued by the first class magistrate is the basis, but doubts now arise whether the birth can be registered as “adopted son” unless the adoption
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The information required to be given under section 13 of the RBD Act, 1969 is that of birth or death as defined in the Act. This information may be given by the natural parents or sufficient evidence may be produced before the Magistrate within the prescribed period as provided under section 13. In view thereof what is required is the evidence of birth, which, in the absence his parents, may be given by the inhabitance of one’s locality who were aware of his birth. It is stated that in the order of the first class Magistrate, the birth to be registered is that of an adopted son. In this case, unfortunately, the adopting couple is also dead and it is not possible to know the name of the real parents. While there may be no legal objection to registering the birth of an adopted son, it is however, necessary that the natural parents of the adopted son and there names should be entered in the register. The question of entering the name of adopted son in this case does not arise since there had been no valid adoption. In view there of only the evidence of his birth could be given by the natural parents or by persons who are aware of his birth.
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Q:Whether suitable rules to lay down specific procedure can be made in the state rules?
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| Whether suitable rules to lay down specific procedure for ascertaining/verification of the fact of an event of birth/death under section 13 (3) of the RBD Act, 1969 can be made in the state rules?
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It is felt that it may not be proper to issue any guidelines which may have the effect of circumscribing or limiting the discretion of a Magistrate. The Magistrate is expected to pass an order according to the facts of each case on its own merits
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Q: Relaxation for registration in view of the strike by the Registrar
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| Event of births and deaths, could not be registered in a state due to strike by the Talati–cum-Mantri who is also working as Registrar of Births and Deaths, although the events were reported by the parties within the time limit prescribed under the state rules. The Chief Registrar of Births and Deaths of the state has proposed to grant certain relaxation for registration of such events in view of the strike by the Registrar. Whether such relaxation is possible under the RBD Act, 1969?
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Under section 13 of the RBD Act, 1969, it is only in cases where there is a failure on the part of the informant informing the registrar as to the birth or the death of a person, the procedure contemplated therein is to be followed .
It appears that the parties have reported the events within time and there is no default on there part. Due to strike in the department the authorities could not take steps to record the events reported by the parties. Under the above circumstances no late fee can be levied as section 13 applies only to cases where there is failure on the part of the parties to report the birth and death of a person the authorities can register the events reported by parties without any relaxation of the provisions of the Act.
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Q:Subsection 5 of section23 states that an offence under this shall be tried summarily by a Magistrate
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| Section 23 of Registration of Births & Deaths Act, 1969 deals with the penalties. Sub-section 5 of this section states that an offence under this section shall be tried summarily by a Magistrate. The point has been raised whether a case in this connection is to be launched in the court of an Executive Magistrate or of a Judicial Magistrate.
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Section 3(4) of the Code of Criminal Procedure provides that where the functions exercisable by a Magistrate under any law, relate to matters which involve the appreciation, or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation or enquiry or trial would have effect of sending him for trial before any court, they shall be exercisable by a Judicial Magistrate.
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Q: Events of births & deaths have been reported within time but not registered by Registrar within time
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| Whether provisions of Section 13 will apply to cases where the events of births & deaths have been reported by informant within the time as prescribed in the State Rules but the same could not be registered by Registrar within one year of their reporting.
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Section 13 applies only to cases where there is failure on the part of the informant to report such events in time. However, for any undue delay on the part of Registrar in registering the events, he may become liable for action under section 23(2) of the Act.
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Q:Whether changes such as name of child, sex can be effected in the original birth entry.
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| A case has been referred by a person, where it is stated that his female child has changed sex after surgical operation. In support of his statement he has enclosed medical certificates issued by the doctors who attended the child at the operation. Now consequent upon the change in sex, the father of the child has requested to make necessary changes in the birth entry of the child. Clarify whether on the basis of the documents produced by the party, necessary changes such as name of child, sex can be effected in the original birth entry.
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It is agreed that correction by way of change in name and sex in original birth entry in the birth register may be effected on the basis of medical documents produced by the party.
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Q: The petitioner in his petition has denied the father-hood of the child.
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| The birth of a child born to Mrs. ‘A’ has been registered with name of the petitioner cited as the father of the child. The petitioner in his petition has denied the father-hood of the child. What procedure the Registrar should follow in such cases?
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The Registrar has authority under section 15 of the RBD Act, 1969 to make correction in the register of births and deaths. In the present case the concerned Registrar may enquire into the matter and make the necessary corrections according to procedures laid down in rule 12 under the Act. If the petitioner is the legal husband of the mother of the child, his protest can not stand unless there is a separation or divorce decree. If on the other hand, an error or fraud in the entry is suspected on the basis of the enquiry, to the satisfaction of Registrar, he may make a report as authorized by rule 12(6) giving necessary details to the officer authorized under section 25 and on hearing from him, take necessary actions as provided in the various sub-rules of rule 12.
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Q:Powers to the Registrars of Births and Deaths to effect corrections in | |
