BIRTHS AND DEATHS REGISTRATION: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
(under section 17)
(28th September, 1979)
ARRANGEMENT OF RULES
2. Procedure for altering register of births or deaths
3. Application by parent, guardian or personal representative
S.I. 91, 1979.
These Rules may be cited as the Births and Deaths (Alteration of Register) Rules.
An application to the High Court for the alteration of any register of a birth or death in compliance with the provisions of sections 15 and 16 of the Act shall be made by motion in accordance with the procedure specified in Order 13 of the Rules of the High Court of Botswana for bringing an application on notice of motion.
Without prejudice to the powers of the Registrar of Births and Deaths, an application under rule 2 for the alteration of a register of a birth or a death may be made-
(a) in respect of the birth of a person who is under the age of 21 years, by his parent or guardian; and
(b) in the case of a death, by the personal representative of the deceased.
(under section 25)
(1st April, 1969)
ARRANGEMENT OF REGULATIONS
3. Duties and powers of Registrar
4. Duties and powers of District Registrar and Registration Officer
6. Notification of births
7. Notification of deaths
8. Notification of death by medical practitioner
9. Birth and death certificates
10. Late registration of births and deaths
11. Appeal to the Minister
12. Registration as father of child born out of wedlock
13. Amendment of birth registration after parents' marriage
14. Inspection of registers, etc.
15. Certified copies of entries in registers, etc.
First Schedule - Forms
Second Schedule - Scale of Fees
S.I. 18, 1969,
S.I. 123, 1980,
S.I. 41, 1985,
S.I. 29, 2003,
S.I. 85, 2014.
These Regulations may be cited as the Births and Deaths Registration Regulations.
In these Regulations-
"the District Registrar" means the District Registrar of the district or area in which the relevant birth or death took place.
"Registration Officer" means the Registration Officer of an area in which the relevant birth or death took place.
Subject to the Act, the duties and powers of the Registrar shall be-
(a) to take charge of and preserve all books, registers and records of births and deaths which occurred prior to the commencement of the Act;
(b) to require the submission to him of any documentary proof he may consider necessary to have for the proper discharge of his functions;
(c) to take charge of and preserve all such books, forms, registers, returns and other documents as form part of the records of the Registrar's Office;
(d) to receive and deal with applications for searches and for certified copies of births and deaths registers or other documentary proof and to obtain and furnish such information concerning births and deaths as may be required;
(e) to cause indices to be made of all births and deaths records in his custody;
(f) to have the general control and superintendence of the registration of births and deaths,
and all officers on whom by the Act or these Regulations any power or duty is imposed or conferred shall, in the exercise of such power or duty, conform to the lawful instruction of the Registrar.
(1) Subject to the provisions of the Act, the duties and powers of a District Registrar shall be to-
(a) fill in the prescribed forms on behalf of persons who verbally give information concerning births or deaths occurring in his district;
(b) receive forms of information on births and deaths accompanied by declarations, if required, verifying the information given therein;
(c) examine forms of information received and any documents in support thereof and cause any defect or inaccuracy therein to be corrected; and
(d) superintend and control, subject to the lawful instructions of the Registrar, the registration of births and deaths in his district.
(2) A Registration Officer shall, in respect of the area for which he is responsible, exercise the same powers and perform the same duties as, a District Registrar.
(3) A Registration Officer shall transmit all completed forms and any other related documents received by him in terms of this section, to the District Registrar.
(4) A District Registrar shall transmit all completed forms received by him from a Registration Officer in terms of this section, to the Registrar.
The Register of Births, the Register of Still-Births and the Register of Deaths shall be as prescribed in the First Schedule.
Any person whose duty it is to give notice of a birth or a still birth under section 6 of the Act shall either send to the District Registrar or the Registration Officer of the district in which the birth or still-birth, as the case may be, took place, an information form in Form CRB2 in the First Schedule or give verbal notice of the birth or still-birth, as the case may be, to the District Registrar or Registration Officer of the district in which the birth or the still-birth took place.
Any person, not being the medical practitioner who attended during the last illness of the deceased, who wishes to give notice of a death or whose duty it is to give notice of a death in terms of section 7 of the Act, shall either send to the District Registrar or Registration Officer of the district in which the death took place, an information form in Form CRD2 in the First Schedule, or give verbal notice of the death to the District Registrar or Registration Officer who shall complete Form CRD2 in the First Schedule in respect of such death and cause it to be signed by the informant.
Any medical practitioner whose duty it is to give notice of a death in terms of section 7 of the Act or who is required by the Registrar or other person to do so in terms of section 21 of the Act shall send to the District Registrar or Registration Officer, a notice in Form CRD2 in the First Schedule.
Birth certificates issued by the Registrar in terms of section 10(1) of the Act shall be in Form CRB3 in the First Schedule in the case of a live birth, or in Form CRB4 in the First Schedule in the case of a still-birth, death certificates shall be in Form CRD3 in the said Schedule, and the fees payable therefor shall be as prescribed in the Second Schedule.
An application for the registration of a birth or death in terms of section 11(2) shall be made by delivering notice of such birth or death to the District Registrar or Registration Officer in Form CRB2 or Form CRD2 in the First Schedule, as the case may require, accompanied by the appropriate fee as prescribed in the Second Schedule.
Any person who wishes to exercise the right of appeal to the Minister in terms of section 11(5) of the Act shall lodge notice of appeal in writing, specifying the grounds on which he claims to be aggrieved, with the Minister within 30 days of the refusal of the Registrar to register the birth or death in question.
The consent, in terms of section 19 of the Act, of the father of a child born out of wedlock to have his name entered in the information form relating to the birth of such child or in the Births Register as father of the child shall be in Form CRB5 in the First Schedule and shall be transmitted to the District Registrar.
Whenever the Registrar is satisfied that the alleged parents of a person, application for the registration of whose birth is made in terms of section 20 of the Act, are in fact his parents and that they are married to each other, he shall enter the particulars of the birth in the Births Register and shall cause the information form relating to the birth to be amended accordingly and shall cancel the previous entry in the register relating to the birth.
Any person shall be entitled, on giving 24 hours notice and on paying the prescribed fee to the Registrar, to search the indices and to inspect any entry in the registers and any document kept in terms of these Regulations in the custody of the Registrar.
(1) Any person shall be entitled on payment of the prescribed fee to have a copy of any entry in the registers or of any other document kept in terms of these Regulations in the custody of the Registrar.
(2) Every such copy shall be an exact copy of the entry or other document with a certificate at the foot in Form B9 in the First Schedule and shall be signed by the Registrar.
(1) The fees payable in respect of any act, matter or thing required or authorised to be done under the Act shall be those specified in the Second Schedule.
(2) The Minister may, where in his opinion special circumstances exist, direct that any fee so payable shall be waived.
REGISTER OF BIRTHS
(State date on which first entry was made in the Register)
Birth certificate No.
Names of child
Date of birth of child
Date of registration of birth
Date of issue of certificate
Date of collection of certificate
NOTICE OF LIVE BIRTH/STILL BIRTH/NOT IN HEALTH INSTITUTION
1.3 Date of Birth:
1.4 Born Alive
1.6 Place of Birth
1.9 Ges. Period
1.11 Was mother ill at time of delivery?
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