A birth certificate is a vital and crucial document that is issued once the birth of a person is registered with the authorities. Under the Civil Registration System of India, the registration of births and deaths became mandatory after independence and is carried out under the provisions of the Registration of Births and Deaths Act, 1969
A birth must be registered with the local authorities concerned within 21 days. If the same could not be done, then a birth can be registered under the Delayed Registration provisions prescribed under the Act, after the expiration of the abovementioned period of 21 days. Beyond a period of 30 days but within one year, a birth is registered with the written permission of the prescribed authority and on payment of a fee. Along with this, an affidavit made by a notary, or an authorized officer of the state government needs to be produced. (The process might differ in every State).
Generally, a birth certificate is required at various places like when a person needs to establish his/her age, for admission in educational institutions, for applying in government jobs, to claim social security benefits under various schemes of the Government, obtaining documents such as AADHAR, PAN Card, driving license, Passport, Marriage certificate, applying for immigration to other countries, etc.
A copy of your birth certificate can also be obtained in case the original is lost or mutilated. The applicant will need to approach the local authority concerned of the place of his/her birth. Since every hospital in India is mandated to send a record to the municipal body whenever a baby is born, you can easily get your certificate from the authorities after submitting the requisite details and documents in support. After due verification, the birth certificate is re-issued which will be as good as the original.
The documents that are generally required for application are-
In some cases where the Birth was not registered due to some reasons, the person can apply for NABC (Non-Availability of Birth Certificate) from the concerned office. It is an official statement stating that the birth record of a particular person is not available. Section 17 of the Registration of Births and Death Act, 1969 provides for this provision that birth record of the particular person is checked and it is not available in the register. It is a legal document that certifies the registration of unregistered birth. Till the time a person does not have a birth certificate, NABC will fulfill the requirement and is considered “as good as a birth certificate”.
In some states, if the birth has never been registered, the same can be done at any time by submitting the affidavit before first class magistrate or executive magistrate. The magistrate verifies the details of affidavit and if found satisfactory, orders the Corporation to enter the entries of birth in birth register. Under certain circumstances, a Miscellaneous Application might be moved to the court for the same. In this process the Corporation will require the applicant to deposit the late fee amount in his office.
The procedure of obtaining Birth Certificate or an NABC is generally not cumbersome, however some time may be taken because of the scrutiny of the identification documents and search. Usually after a time frame of around 30-45 days the Birth Certificate/NABC is issued by the authorities.Copyright 2023 – Helpline Law
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