PETITION FOR BIRTH CERTIFICATE

NECESSITY OF A BIRTH CERTIFICATE

The following are the main necessities and purposes of a Birth Certificate:

1. For admission in the educational institutions.

2. For obtaining ration Card.
3. For enjoying railway concession.
4. For obtaining “Passport”
5. For registration of marriage.
6. For driving license
7. For voter’s identity card.
8. For other legal purposes.

 The list of purposes as shown above is not exhaustive and there may be many other cases.
 To obtain these objectives the Registration of Births and Deaths Act has been passed in
1969 by the Parliament and by virtue of the said Act the State governments are under
obligation to frame rules under the Act for their states.
 The Registrar General, India is the central authority for unifying and coordinating the
registration work in the country and at the state level, each State has a Chief Registrar of
Births and Deaths who has the overall responsibility of coordinating, unifying and
supervising the work of registration. The local registration centers are managed by
Registrars and Sub-Registrar of Births and Deaths who are the grass-root level.

RULES MADE BY THE STATE OF WEST BENGAL

In exercise of power conferred on it by virtue of section 30 of the Registration of Birth and Death
Act, 1969, the State of West Bengal has enacted the West Bengal Registration of Births and
Deaths Rules, 1972.

TIME LIMIT FOR INFORMATION

Information relating to birth of a child is required to be given to the competent authority within
21 days from the date of birth of a child. However, if the information is not given within the
prescribed time limit then the following procedure is required to follow:
Procedure for delayed registration of births and deaths as per section 13 of the Registration of Births
and Deaths Act 1969 read with rule 10 of the West Bengal Registration of Births and Deaths Rules
2000 and WBRBD (Amendment ) Rules 2005
Time limit for reporting of delayed Formalities needed to be observed for Amount of late fee to be paid
registration delayed registration after meeting up the
formalities stated in column
(2)
Information is given to the No Permission required Rs. 1/- (Rupee one)
Registrar / Sub-Registrar of Births
and Deaths after expiry 21 but
within 30 (thirty) days of its
occurrence.
Information is given to the i) An affidavit made before a first class Rs. 2/- (Rupees two)
Registrar / Sub-Registrar of Births Magistrate or a Notary Public or an
and Deaths after 30 (thirty) days, Executive Magistrate
but within one year of its ii) Written permission from the District
occurrence. Registrar / Additional District Registrar
of Births & Deaths in case of a rural
area
or,
from the Chief Municipal Health 
Officer / Administrator / Chief
Executive Officer of a municipal
corporation
   or,
from the Chairman / Executive
Officer / Administrator in case of a
municipal area
or,
from the Chairman / Executive Officer
of a Cantonment area / Notified area as
the case maybe
Information is given to the An order from the Executive Rs. 10/- (Rupees ten)
Registrar / Sub-Registrar of Births Magistrate
and Deaths after one year of its
occurrence.
Therefore, a prayer is to be made before the Ld. Magistrate of First Class if information is given
after 1 year of birth of child. This prayer is the subject matter of the “petition for Birth
Certificate”.

RULES FOR DRAFTING THE PETITION

The following are the rules for drafting the petition for Birth or Death certificate for filing the
same before the Court:

 The petition be made to the Additional Chief Judicial Magistrate or the Chief Judicial
Magistrate who are the magistrate of First Class.
 The petition is drafted leaving proper blank space at the top and left side of the demy
paper.
 The demy paper is used for this purpose.
 At the case reference the Misc. Petition number is given.
 At the right side in the demy the name, address with full particulars of the petitioner
with address is given.
 The petitioner must disclose his identity how he is related with the ward or incidence
or the birth of the person and he should also explain why the incidence was or could
not be reported to the registrar in time as per law.
 The petitioner should make the petition supported with affidavit in this respect.
 The prayer is made for a direction upon the Registrar to record the Birth of the person
and issue Birth certificate accordingly.
 Lastly, the petitioner shall also submit that he is willing and ready to pay the
registration fee and late fees as per law to the authority.
FORMAT OF PETITION FOR RECORDING BIRTH CERTIFICATE

In the Court of LD. Chief Judicial Magistrate, at………………..

Ref: Misc. Petition no………….of…………..

Petition under Section 13(3) of Registration of Births and Deaths Act, 1969 read with Rule 10
(3) of the West Bengal Registration of Births and Death Rules, 2000.

Sri…………………………..

S/o………………………….

Of…………………………..

P.O………… Dist…………

...……………
Petitioner

The above named petitioner prays as follows:

1. That Smt……………………..wife of the petitioner, gave birth to a living male child,

named Sri……………., on………………. at residence of the petitioner at
…………………. Within the jurisdiction of the Ld. Court.
2. That due to inadvertence and ignorance the said birth could not be reported to the
Registrar, Births and Deaths, of State Municipal Corporation in time.
3. That the petitioner has filed all the relevant documents with an affidavit in support of the
petition.
4. That there is no delay in filing this petition and this petition is bona fide and for the ends
of justice.

It is therefore, prayed that your honour would be kind enough to pass an order directing
the Registrar, Births and Deaths of……………. Municipal Corporation to record the date
of birth of the said son of the petitioner who was born on………… on payment of fees.

And for this act of kindness the petitioner as in duty bound shall ever pray.
FORMAT OF AFFIDAVIT IN SUPPORT OF THE PETITION

BEFORE THE NOTARY PUBLIC AT…………………….

AFFIDAVIT

I, Sri ………………………S/o …………………….aged about …………………..,

Hindu by faith …………………., service by occupation, resident of
…………………….. Post Office ……………………….. District ………………….
DO HEREBY SOLEMLY AFFIRM and DECLARE as follows:

1. That I am the petitioner of the Misc. case and acquainted with the facts and
circumstances of the case.
2. That the son, Sri …………………….. of the petitioner was born on
…………………… at the residence of the petitioner at ………………………… and
the petitioner was present at the time of the birth of his son.
3. That due to inadvertence and ignorance the said birth could not be reported to the
competent authority in time.
4. That this petition has been filed in support of the petition for a direction upon the
Authority to record the said birth on payment of proper fees.

The above paragraphs are true and correct to the best of my knowledge and belief and I
sign this affidavit on this the ………………..day of………………..at………………
Dist…………………

…………………………………………………

(Signature of the Declarant)

Identified by

………………………………………………..

Advocate (Sign with date)