Rule 9 of the Maharashtra Births and Deaths Reg. Rules:
(1) Any birth or death of which information is given to the Registrar after the expiry of the period specified in rule 5, but within thirty days of its occurrence, shall be registered on payment of a late fee of rupees two.
(2) Any birth or death of which information is given to the Registrar after thirty days but within one year of its occurrence, shall be registered only with the written permission of the Block Development Officer for rural area, and Executive Health Officer/ Health Officer/ Chief Officer/ Executive Officer for concerned urban area and on payment of a late fee of rupees five.
(3) Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order ofExecutive Magistrate of respective area, and on payment of a late fee of rupees ten.
The above sub-rule (3) is not in consonance with sub-section (3). Because, the sub-rule says that on the order of Executive Magistrate the registration can be done, while the sub-section states about the necessity of an order by a Judicial Magistrate. A circular issued by the Secretary, Law and Judiciary, Government of Maharashtra, clarified that it is the Judicial Magistrate and not the executive Magistrate who is empowered to order the registration of any death or birth the registration of which was not done within one year after its occurrence.
Neither the Act nor the Rules prescribe the nature or scope of the inquiry to be held by the Judicial Magistrate.
Some of the participant judges pointed out that invariably the competent authority of the municipal Corporation, is impleaded as the opponent.
Some participants stated that they call the report from the said authority as to whether the death or birth has been already registered or not.
Some participants stated that the applicant themselves produce a certificate from such authority to the effect that such birth or death was not registered.
Some participants stated that before passing the order for such registration, its notice i.e. citation should be published in the local newspaper.
The inquiry contemplated in this regard is not an inquiry contemplated under the Code of Criminal Procedure. Because it is not related to any offence.