The court determined that the Registrar must register deaths occurring outside jurisdiction provided that statutory information is submitted, emphasizing the absence of territorial limits in registration responsibilities.

JUDGMENT

1. The petitioner has prayed for a direction to the respondent No.4 to enter an information regarding the death of her father Khokan Nandi who died on 8th January, 2020 at ILS Hospital, Kolkata, on the basis of application filed by her on 14th February, 2020.

2. Brief facts are as under :

Petitioner is the daughter of one Khokan Nandi who was an ordinary resident of Agartala. For his treatment, he was taken to ILS Hospital at Kolkata where he expired on 8th January, 2020. The hospital authorities issued a medical certificate of cause of death dated 8th January, 2020. The deceased was cremated at Kolkata. A cremation certificate was issued by the Kolkata Municipal Corporation dated 8th January, 2020. The petitioner submitted an application to the respondent No.4, the Registrar of Birth and Death, Agartala Municipal Corporation, for registration of the death of her father and for issuance of a certificate of registration on 14th February, 2020.

3. Petitioner points out that the deceased left behind moveable and immoveable properties which are situated in Tripura and he is survived by his wife and daughter. The respondent No.4 is refusing to register the death of the father of the petitioner and issue death certificate on the ground that the death did not take place within the limits of the jurisdiction of the said authority.

4. Learned counsel Mr. P Roy Barman for the petitioner submitted that Section 7 of the Registration of Births and Deaths Act, 1969 for registration of the death nowhere requires that the same should have occurred within the jurisdiction of the registering authority. The registering authority is duty bound to record the factum of the death and issue a certificate after carrying out such inquiry as he finds necessary. In support of his contentions, learned counsel relied on certain decisions reference to which will be made at a later stage.

5. The respondents have appeared and filed reply. It is stated that previously a notification was issued by the Government on 25th April, 2008 in which it was provided that Registrar of Births and Deaths of a concerned area may register the information of the death occurring away from the usual residence during travel and halting/staying at any place from the usual residence for any purpose, on receipt of an affidavit to the effect that the same has not been registered elsewhere. However, by a subsequent notification dated 17th April 2018, the earlier notification has been withdrawn. Accordingly, the respondent No.4 rightly did not register the death of the father of the petitioner which had taken place at Kolkata.

6. In order to provide for regularization of registration of births and deaths and for matters connected therewith, the Registration of Births and Deaths Act, 1969 (hereinafter to be referred to as "the said Act of 1969") was enacted. Chapter - II of the said Act pertains to Registration Establishment. Section 3 contained in the said chapter envisages appointment of a Registrar General across the country. Section 4 pertains to Chief Registrar which the State Government may appoint. Under Section 5, it is open for the State Government to divide the territory into such registration divisions as it thinks fit.

Section 7 of the Act of 1969 pertains to Registrars and reads as under :

"7. Registrars (1) The State Government may appoint a Registrar for each local area comprising the area within the jurisdiction of a municipality, Panchayat or other local authority or any other area or a combination of any two or more of them :

Provided th