BC is essential service cannot be stopped. Give them application in writing and than let them give same excuse in written. You can challenge the same before court.
Birth issue re-issue stopped in a municipality
Hi Sir/Madam, Currently we need my wife's birth certificate for her new employment and the local Municipality of Nagercoil in Tamilnadu is saying they are issued order from local authorities to not issue any birth certificates further. When I approached the Nagercoil Municipality office to ask for reissue of her birth certificate they were saying from Jan 2020 they have stopped issuing birth certificates and if anyone wants have to wait till government sends order. But i don't see any such orders and my friends have got their birth certificates recently from other municipalities in Tamilnadu. I am not sure, how can my basic right to get my own document be banned in just one municipality in whole country and what would be thr procedure to tackle this and get my wife's birth certificate reissued. Could you please help me on this. Regards, Naveen Issac Immanuek
Asked 6 years ago in Business Law
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10 Answers
File writ petition in HC against muncipal corporation refusal to issue BC to your wife
1. The same issue is being faced not only in your city, but other state's as well. Probably this is due to policy changes and delay in digitization of the records.
2. Try the manual mode of application or via RTI Application (for the time being) for your urgent requirements. There is no point to go legal for such petty issues.
Dear Sir,
Follow the below procedure which is applicable in every state and approach any local advocate and get the work done by filing a petition before Magistrate.
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SIMILAR PROCEDURE AND ACT ARE IN EXISTENCE IN EVERY STATE.
Registration of Births and Deaths Act, 1969
http://des.kar.nic.in/docs/crs/RBD1969E.pdf
- 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 there for, 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 verifying 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.
BBMP PROCEDURE
http://bbmp.gov.in/documents/10180/456501/FAQs+(Statics+English).pdf/d4ca9b70-668c-45c4-a0f2-5b51df341e4e
- As per law, If any Registrar or Sub-Registrar who refuses, without reasonable cause, to register any birth occurring in his jurisdiction or to submit any returns as required by sub-section (1) of section 19 shall be punishable.
- Hence, on refusal to issue the birth certificate, your wife should lodge a written complaint to the Chief Registrar , after enclosing the proof of birth etc.
- Further, if no response, then she should send her complaint with www.india.gov.in
What do you mean by reissue of birth certificate?
Is it that you want to make changes in the birth certificate and reissue or you are just applying for a copy of the birth certificate?
If at all you want to make any corrections to her original birth certificate and want the same to be reissued, then you may have to apply for the same before the District collector (RDO) by complying with the necessary formalities as per the procedures which you will be let known once you approach the concerned authorities.
If you just want the copy of the birth certificate then you can apply in the prescribed format for the same, if it is rejected for some reason, you may appraoch court seeking a direction to the municipal authorities to issue the same.
This is not legal. File rti and get authentic answer. You can challenge the same later in writ petition in hc
See file a RTI application seeking copy of any such GO banning issuance of birth certificate if they fail to produce any such order ask them for birth certificate further if there is any such GO challange same before the high court.
you need to file Writ before the High Court. In the High Court you need to show that your fundamental rights has been infringed due to the irresponsible and negligent act of the Municipal Authority.
Further an Advocate's notice preferable from a High Court practitioner will be more effective to raise a cause of action in your case.
1. Send a written notice to municipality for issue of birth certificate of wife.
2. If they refuse to issue birth certificate you should approach DC for issuing necessary directions to sub registrar birth and death for issue of birth certificate.
