Last Change:
09/11/2024
The Birth and Death Registration Rule
Year: 2018
Type: Domestic law
Rights Category: Documentation
Description
The Birth and Death Registration Rules of 2013 and the amendment in 2018 focus on simplification of birth and death registration procedures for everyone irrespective of the status in Bangladesh, reduction of fees for late registration, devolved powers to correct errors in the birth certificates, and simplified age assessment process. The Government of Bangladesh, by means of power delegated under Section 23 of the 2004 Birth and Death Registration Act, enacted the 2018 Birth and Death Registration Rules, which provides a legal basis for the establishment of the Office of the Registrar General, a permanent structure overseeing birth and death registrations. The Rule applies to refugees as well.
Selected provisions
The duties and functions of the Registrar General shall be as follows:
(a) Ensuring the supply of all kinds of forms relating to birth registration to the Registrars;
(b) Collecting, preserving, and distributing all kinds of goods required for registration;
(c) Inspecting the office of the Registrar;
(d) Undertaking programs to enhance public awareness relating to registration;
(e) Collecting, installing, and preserving machineries required for preserving the data relating to birth and death registration with the help of information technology or with the help of more advanced procedure and developing and upgrading operational procedure relating to that.
(f) In order for exchange of information related to birth and death registration, making information interflow agreement, subject to the approval from the Government, with local, foreign, government and private agencies and performing technical activities for the exchange of information;
(g) Involving the Registrar and other staff of his office in the birth registration activities and providing necessary training;
(h) Ensuring financial accountability including preparing budget and audit;
(i) Evaluating the progress of registration;
(j) Preserving the accounts of the money collected by the Registrar against the fees and ensuring its deposition to such sector as determined by the government;
(k) Supervising the registration book and matters relating to the correction and cancellation of birth and death registration certificate in such procedure as stated in Section 15 and 15a of the Act;
(l) Writing the annual confidential report of the subordinate employees, and in applicable cases, countersigning; and
(m) Performing any other tasks as assigned by the Government time to time.
Birth registration.–(1) The Registrar shall register the birth of any person living within his jurisdiction subject to getting the following information along with the application according to JOMONI Form-1:
(a) The following evidence shall have to be enclosed with the application submitted within 45 (forty-five) days of the birth of a person:
i) The release order from the medical institution concerned or the attested copy of birth certificate from the said institution or the certificate from the birth attendant or any other evidence as a proof of the date and place of birth; or
ii) The evidence of updated tax payment made against the residence in the own name by his father or mother of grandfather or grandmother declared as the permanent address in their own name or the permanent address declared in the national identity card or passport of his father or mother or grandfather or grandmother or any other paper of evidence , and mentioning the birth registration number or national identity card number of the father or mother of the person under the process of birth registration its certificate shall have to be submitted to avoid duality of birth registration, in applicable cases.
iii) If the permanent address becomes defunct due to river erosion or any other reason the permanent address against the new residence shall be considered as the permanent address upon the submission of the deeds of land or house purchase, receipts of the payment of land revenue and tax, etc. as the paper of evidence;
iv) If any person has no permanent address due to any reason, birth registration shall be completed by the birth Registrar of the birth place writing not available in the place for permanent address and in that case the officials empowered under Sub-section (1) of Section 9 of the Act shall certify that the said person has no permanent address; and
v) Declaration by the applicant that he has not done his birth registration before.
(b) In case of submission of application in JOMONI Form-1 after 45 (forty five) days from the birth of any person the following evidences shall have to be submitted in addition to the evidences mentioned in Clause (a):
i) If applied within the 5 (five) year from birth, certification by EPI worker in the application form or a copy of the EPI card;
ii) If applied after 5 (five) year from birth, a certificate issued by a qualified physician as a proof of age;
iii) Primary Education Completion certificate, Junior School Certificate run by the Government, and of Secondary School Certificate run by the educational boards or such other educational certificates;
(2) After receiving the application under Sub-rule (1) the Registrar or any person delegated by him shall sign the applicant’s part mentioning a possible date of issuing the certificate within 15 (fifteen) working days and hand it over to the applicant.
(3) Upon examining the application if the Registrar becomes convinced that all the parts of the application are filled-in correctly and all the required papers are enclosed and the said person did not do birth registration anywhere before, then he shall handover the birth registration certificate to the applicant according to JOMONI Form-3 within at best 5 (five) working days by completing the registration after recording the details in the birth registration book according to JOMONI Form-2.
(4) If the person concerned or the applicant is aggrieved by the decision of the Registrar, he can prefer appeal in accordance with Section 20 of the Act.
(5) Application can be made either in printed form or online and if application is made in printed form, the Registrar shall enter it online as stated in the procedure, and in case of online application after online submission the applicant shall print it out and submit the printed copy to the Registrar.
(6) In the application information containing the full name of the person, date of birth, name of father and mother, national identity card number of father and mother (if any), the order of birth to the parents (taking into account both living and dead children), whether there was any physical defect at the time of birth, place of birth, permanent address, residential address of the parents at the time of birth shall have to be recorded.
(7) Once the date of birth is registered it can be corrected in accordance with the provisions of Section 15 of the Act.
Death registration.–(1) In case of death registration, the office of that Registrar, where the dead person got his birth registered, shall issue the death certificate subject to receiving the application for death registration of the dead person.
(2) If the registration of the dead person has already been completed online upon reception of application from any legal heir to the dead person, the Registrar of the concerned place where the dead person lived immediately before his death can register the death of the dead person and the authority for birth registration that is, the Registrar, shall have to be informed about the information relating to the registration done is this manner, and in addition to the information relating to death registration, national identity card number (in applicable cases), the date of death, place of death, cause of death, and in applicable cases, the name of husband or wife of the dead person shall have to be mentioned.
Provided that, the registration of any person who died before the Act came into force, i.e., before 3 July 2006, cannot be done under the Act or this Rules.
(3) Application for death registration can be made either in printed form or online and if the application is made in printed form, the Registrar shall enter it online in accordance with the defined procedure and in case of online application, after online submission the applicant shall get it printed and submit the printed copy of the application to the Registrar.
(4) One or more of the following certifications or papers shall have to be enclosed with the application for death registration submitted under Sub-rule (3) within 45 days after the death of a person:
(a) Certificate relating to death issued by the medical institution or physician concerned;
(b) Certificate issued by the health worker concerned; or
(c) Attested photocopy of the post-mortem report; or
(d) Photocopy of the burial receipt or funeral receipt issued by the caretaker of the concerned graveyard or funeral place; or
(e) Certificate relating to death issued by the member of the concerned union parishad or the councilor of the concerned city corporation or the executive officer of the concerned cantonment board; or
(f) Certificate relating to death issued by the imam performing janaja or the purohit or any person performing the funeral in case of other religions;
(g) If none of the certificates as stated in Clause (a) to (f) can be obtained, in that case the photocopy of any other papers relating to death as the Registrar thinks fit;
(h) Birth registration certificate of the dead person; and
(i) Copy of the birth registration certificate or national identity card of the person applying for death registration.
(5) After receiving the application for death registration in JOMONI Form-4 under Sub-rule (3), the Registrar or any person delegated by him shall sign the applicant’s part of the form and hand it over to the applicant after verifying the identity of the dead person and fixing a date for issuing the death certificate.
(6) After receiving the application for death registration under Sub-rule (3) if the Registrar becomes convinced upon examining the application that the birth registration of the person was completed within his jurisdiction, all the parts of the application are filled-in correctly and all the required papers are enclosed and the death registration of the person has not been done before, then he shall handover the death registration certificate to the applicant according to JOMONI Form-6 within 7 (seven) working days by completing the registration after recording the details in the death registration book according to JOMONI Form-5.
(7) If the birth registration of the dead person was not done within the jurisdiction of the Registrar, he shall send the application with recommendation for completing the death registration to the Registrar at whose office the birth registration of the person was done.
(8) If the birth registration of the dead person has not yet been done anywhere, the Registrar receiving the application shall at first complete the birth registration and then death registration of the person.
(9) In case the application is submitted after 45 (forty five) days of death, in addition to the certifications or papers stated in Sub-rule (5) an explanation stating the cause of delay shall have to be enclosed with the submitted application.
(10) The Registrar shall issue the death registration certification on the date fixed for issuing the certificate in accordance with Sub-rule (5) and if it is not possible to issue the certificate, the Registrar shall inform it to the applicant in writing mentioning the cause of refusal.