T. Kalaiselvan, Advocate (Advocate) 07 May 2023
you can file an application before the district collector for issue of birth certificate on the basis of the non availability certificate obtained from the registrar of births and deaths
don't waste your time with the Tehsildar because he is not the competent authority for issuing birth certificate
P. Venu (Advocate) 08 May 2023
In the given facts, provisions of Section 13 of the Registration of Births and Deaths Act, 1969.apply-
13. Delayed registration of births and deaths.—
(1) Any birth or death of which information is given to the Registrar after the expiry of the period specified therefor, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed.
(2) Any birth or death of which delayed 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 prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the State Government.
(3) Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a magistrate of the first class or a Presidency Magistrate after varifying the correctness of the birth or death and on payment of the prescribed fee.
(4) The provisions of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefor and any such birth or death may be registered during the pendency of any such action.
Provisions of Sub-section (3) empowers the Judicial Magistrate of the First Class (JFMC) as well.
Niharika Lohan 12 May 2023
Hi Vijaylakshmi. I'm Niharika, a practising Advocate. I've read your query and here is my take on it, I hope it will be of use. In the cases where a child is born at home, that is to say via home delivery then in such a case an Affidavit by the birthing mother as to the delivery is to be made and then it can be submitted to either the Tehsildar or at the Nagar Nigam.
In your case, where the Tehsildar has orally refused to do the needful then you must get his refusal written on a paper and then you can file an Appeal against it.
Another alternative remedy can be filing an application before the Permanent Lok Adaalat of your city/district. Nagar Nigam are Public Utility Services. Under S. 22(c) of the Legal Services Authority Act, 1987, PLA have jurisdiction to try cases concerning Public Utility Services.
Furthermore, I’d like to state that applications before PLA are at the pre litigation stage and hiring an advocate is also not required to file an application before the said forum. You can directly bring the law in motion without any involvement of an advocate or pleader.
I hope this information yields fruitful to you and in case you require further guidance, you can contact me via email at email@example.com